Further Guidance on Policy Requirements – Revisiting the Working for Workers Act, 2021

On December 2, 2021, Bill 27, Working for Workers Act, 2021, became law in Ontario, introducing numerous legislative changes to the Employment Standards Act (“ESA”) rules governing workplace conduct. A key change made by this legislation was the requirement for certain workplaces to have a disconnecting from work policy in place for all employees.   […]

Secretly Recording Your Coworkers and/or Supervisors Constitutes Cause for Dismissal

In Shalagin v. Mercer Celgar Limited Partnership, 2022 BCSC11, the BC Court ruled that a surreptitious recording of an employee’s colleagues constituted just cause for dismissal based upon the breach of trust that is required in any employment relationship. The plaintiff commenced employment with Mercer as a financial analyst in 2010. He signed a Code […]

Union Refusal to Advance Mandatory Vaccination Policy Grievance Not in Breach of the Duty of Fair Representation

With mandatory vaccination policies (“MVPs”) turning the modern workplace into a contentious battleground, labour boards across Canada have had to grapple with the question of trade unions’ duty of fair representation (“DFR”) in challenging such policies. Two decisions have recently confirmed that where there is opposition to MVPs, a union is not required to file […]

Arbitrator Decides that Employer can Place Employee on Unpaid Leave of Absence for Failure to Provide Vaccination Status

The recent decision of Teamsters Local Union 847 v Maple Leaf Sports and Entertainment 2022 CanLII 544, has provided guidance on the outcome of a failure of a unionized employee to provide information regarding their vaccination status in light of a vaccination policy being implemented. On September 2, 2021, the employer, Maple Leaf Sports and […]

New Arbitration Decisions on Mandatory Vaccination Policies

There has been a recent flurry of arbitration decisions released in the last 3 months that provide guidance to employers concerning vaccination policies, and other requirements for COVID-19. In United Food and Commercial Workers Union, Canada Local 333 v. Paragon Protection Ltd. [unreported] the employer imposed a mandatory vaccination policy on its employees. It employed […]

New Legislation – Working for Workers Act, 2021

The government of Ontario has passed Bill 27, Working for Workers Act, 2021, which amends the Employment Standards Act, 2000 (“ESA”) and other legislation. The Bill has received royal assent as of December 2, 2021 and is now officially a statute. Right to Disconnect The Act imposes an obligation for employers who employ 25 or […]

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Court of Appeal upholds Decision to Terminate Employee for Failure to Apologize for Inappropriate Comments

In the case Hucsko v. A.O. Smith Enterprises, [2021] O.J. No. 6307, a long service employee was terminated for cause following an investigation into allegations of sexual harassment and his refusal to apologize for the misconduct. Leading up to the termination of employment, there were several incidences of inappropriate conduct ranging from asking a female […]

Ontario Extends COVID-19 Worker Income Benefit Program and IDEL

The Ontario government announced that the Worker Income Benefit Program will be extended until July 31, 2022. As we have previously indicated, the program was in order to provide aid to employees who had no sick day coverage. In particular, this program provides employees with up to 3 days paid leave in the following circumstances: […]