COVID-19 Blog
The articles listed below are intended to provide readers with general information only. They should not be regarded or relied upon as legal advice or opinion. Accessing, reading, relying on or otherwise using the articles listed below does not, under any circumstances, create a lawyer-client relationship between you and Emond Harnden. A lawyer-client relationship will only form if and when Emond Harnden specifically and expressly agrees to act for you on a particular matter and executes a retainer agreement to that effect. For more information, please consult our Terms of Use.
Omicron Throws a Wrench in Ontario Government’s Reopening Plans
Focus readers will recall that it was just over two months ago that the Ontario government announced its tentative long-term reopening plans. Since that time, however, the COVID-19 landscape has changed enormously within the province. In particular, the new Omicron variant, though seemingly much less likely to cause a severe case of COVID-19 than previous […]
Ontario Arbitrators come to different conclusions with respect to whether mandatory COVID-19 vaccination policies were reasonable
Recently, two Arbitrators came to different conclusions with respect to whether mandatory COVID-19 vaccination policies were reasonable. In the first arbitral award rendered on November 9, 2021 (United Food and Commercial Workers Union, Canada, Local 333 and Paragon Protection Ltd.), Arbitrator Von Veh dismissed the union’s grievance and upheld the mandatory vaccination policy implemented by […]
Ontario Government Extends the “COVID-19 Period” under the Employment Standards Act’s Infectious Disease Emergency Leave to January 1, 2022
As first discussed in a Focus Alert from early in the pandemic, Ontario Regulation 228/20, the Infectious Disease Emergency Leave (IDEL) regulation (the “IDEL Regulation”), provides employers who have been impacted by COVID-19 with temporary relief regarding temporary layoff and constructive dismissal rules under the Employment Standards Act, 2000 (ESA). Changes to the IDEL Regulation […]
Does ESA’s IDEL Restrict Employee’s Ability to Pursue Civil Claim for Constructive Dismissal? Court of Appeal Needs to Provide Answers
As Focus readers may recall, as detailed in our earlier Focus Alert, the Ontario Superior Court of Justice previously examined in the case of Coutinho v. Ocular Health Centre Ltd. (April 27, 2021) whether the reference to “constructive dismissal” in Regulation 228/20 (Infectious Disease Emergency Leave) (“IDEL Regulation”) made under the Ontario Employment Standards Act, 2000 (“ESA”) restricted an employee’s ability to […]
Details of Emergency Declaration and Impact on Ontario Employers Now Available
As we advised readers in our earlier Focus Alert, the Province of Ontario has declared a second provincial emergency in relation to the COVID-19 pandemic. In addition to the stay-at-home order that took effect as of 12:01 a.m. on Thursday, January 14, 2021, the government has now introduced a new regulation that amends the existing […]
Second Provincial Emergency Declared
On January 12, 2021, the Province of Ontario declared a second provincial emergency in relation to the COVID-19 pandemic under the Emergency Management and Civil Protection Act (EMCPA). As part of the declaration, the Province has issued a stay-at-home order and other, additional measures to attempt to reduce the mobility of Ontarians and slow the […]
Government Clarifies Employment Insurance Information Relating to Employee Refusal of Mandatory COVID-19 Vaccination
On October 15, 2021, the federal government updated its Employment Insurance (EI) information relating to circumstances in which an employee does not work because of their refusal to comply with the employer’s mandatory COVID-19 vaccination policy. The government’s EI regular benefits: Do you qualify resource states that “in most cases, if you lose or quit […]
COVID-19 Emergency Response Act Receives Royal Assent
On March 25, 2020, the COVID-19 Emergency Response Act (Bill C-13) received Royal Assent. The legislation outlines broad amendments and measures to address wide-ranging economic and other issues arising as a result of the COVID-19 pandemic. We have included below some of the key provisions that are most relevant for employers. Canada Emergency Response […]
Ontario Government Creates Process for Workplace Safety and Insurance Board to Collect Overpayments for Infectious Disease Emergency Leave
As discussed in a previous Focus Alert, employees needing to take leave for specified reasons relating to COVID-19 may be entitled to Infectious Disease Emergency Leave (IDEL), which provides for up to three paid calendar days of leave, with a maximum payment of $200 per day. The COVID-19 Worker Income Protection Benefit, administered by the […]
Paid Statutory Leave for COVID-19 Absences: Update on Entitlement and the Reimbursement Process
On April 29, 2021, the COVID-19 Putting Workers First Act, 2021 was enacted into law. The practical impact of this legislation was to amend the Employment Standards Act (“ESA”) so as to provide eligible employees with a temporary entitlement to paid infectious disease emergency leave (“IDEL”) for specified reasons related to COVID-19. Recently, the Ontario […]
Details of Emergency Declaration and Impact on Ontario Employers Now Available
As we advised readers in our earlier Focus Alert, the Province of Ontario has declared a second provincial emergency in relation to the COVID-19 pandemic. In addition to the stay-at-home order that took effect as of 12:01 a.m. on Thursday, January 14, 2021, the government has now introduced a new regulation that amends the existing […]
Remote Work Considerations: An Employer’s Guide
As the world manages its way through the current COVID-19 global pandemic, employers are required to act quickly to implement remote work arrangements. The urgency in implementing such arrangements has only become greater since the government of Ontario announced the closure of all non-essential workplaces effective March 24th, 2020 at 11:59 p.m. For more information […]
Union refusing to pursue mandatory vaccination policy grievance did not violate duty of fair representation: CIRB
Regular Focus Alert readers will be aware of recent arbitral decisions where unions have challenged employers’ mandatory COVID-19 vaccination policies with varying degrees of success. However, what about the situation where a union refuses altogether to mount such a challenge in the face of demands from bargaining unit members? In a recent decision, the Canada […]
Update on Arbitral Challenges to Mandatory COVID-19 Vaccination Policies
Since late 2021, several arbitral awards have addressed a union’s challenge to an employer’s mandatory COVID-19 vaccination policy through the grievance and arbitration process. Focus Alert readers will recall our past articles discussing these cases, including Paragon Protection Ltd., Electrical Safety Authority and Bunge Hamilton Canada. In particular, readers will recall that throughout these awards, […]
Canadian Privacy Commissioners Publish Guidance on Vaccine Passports
As COVID-19 vaccines become more widely available to Canadians in all provinces, the public discourse in respect of immunization has begun to include talk of vaccine passports. Though vaccine passports could take many forms, including but not limited to a printed document or a digital certificate, their function would essentially be to facilitate a return […]
Mandating COVID-19 Vaccinations in the Workplace
In Ontario, the COVID-19 vaccine rollout has begun. With doses of the vaccination now available for many individuals working in the health care, hospital and long-term care sectors, employers in these fields and beyond are considering whether immunization against COVID-19 should become a mandatory requirement in their workplace. No federal, provincial or local health authority […]
Arbitrators apply context-specific approach and find mandatory vaccination policies to be reasonable
Readers of Focus will be familiar with the recent and numerous arbitral challenges to employers’ mandatory vaccination policies. These cases show that arbitrators focus on the specific context and workplace circumstances in assessing the reasonableness of any such policy. This approach is continued in two of the most recent arbitral decisions in this evolving area: […]
Ministry of Health Announces Timeline for Lifting All Remaining Public Health Restrictions in Ontario
Stating that the Omicron wave is finally receding, the government of Ontario began gradually easing its most recent mandatory COVID-19 public health and workplace safety measures at the end of January as part of a shift towards what the Province describes as a more balanced, long-term approach to pandemic management. In fact, as of March […]
