The Top 11 HR Compliance Cases of 2022 (So Far) & Their Impact on You
The court cases most likely to directly affect your HR program and policies. HR law comes from 2 major sources: legislation and court cases. While new legislation, like the recent Bill […]
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Worker Fired for Refusing Vaccination Sues Union for Not Grieving
A pipefitter who got fired for defying his hospital employer’s mandatory COVID-19 vaccination policy sued the union for not filing a grievance on his behalf. The Newfoundland labour relations board […]
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OK to Fire Public Employee for Defying Mandatory COVID Testing Policy
After nearly 24 years of service, an unvaccinated public service employee was terminated for refusing to undergo at-home COVID-19 testing 3 times a week. The employee claimed that she should […]
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Ineligibility to Work Due to Vaccine Refusal Is Just Cause to Terminate
She didn’t get fired because she refused to get vaccinated; she got fired because in so refusing, she disqualified herself from being available for work under the agency’s mandatory vaccination […]
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Mental Health – Lets Talk About It
The increase of anxiety and depression has been directly linked to lower productivity and higher absenteeism in the workplace... Whether you have been isolated in a remote workspace or exhausted on […]
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Legal Strategies For Dealing With Difficult Employees and Getting Ready for the New Normal
DATE: May 18, 2022 TIME: 9:ooAM - 10:30AM PDT SPEAKERS: Evan Campbell and Erin Minuk Legal Strategies For Dealing With Difficult Employees and Getting Ready for the New Normal Employers are dealing with a number […]
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Spring Cleaning: Out With The Old COVID-19 Regulations
On April 14, 2022, the Ontario Government filed O. Reg 346/22: Revoking Various Regulations, which, effective April 27, 2022, will revoke almost all remaining COVID-19-related regulations and orders under the Reopening Ontario […]
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Key Trends In Arbitration Awards Pertaining To Mandatory COVID-19 Vaccination Policies
Since late fall 2021, we have seen a steady flow of arbitration awards emerge in Ontario and British Columbia that consider issues relating to mandatory COVID-19 vaccination policies in the […]
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Just Because You Can Roll Back Face Mask Rules Doesn’t Mean You Should
As you might have heard, earlier this week, a federal judge in Florida voided the national mask mandate covering airplanes and public transportation in the US after finding that the […]
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COVID-19 Vaccination Policies: Early Employer Successes In Round Two
A number of arbitration awards dealing with COVID-19 vaccination policies were released in late 2021 and early 2022. While most of these policies were upheld, it remained to be seen […]
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Arbitrator Decides Employer Could Terminate Employee Who Refused Government-Ordered Vaccination
On April 4, 2022, in Fraser Health Authority v British Columbia General Employees' Union, 2022 CanLII 25560, Arbitrator Koml Kandola of the British Columbia Labour Relations Board dismissed the union's grievance respecting […]
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Sixth Wave Prompts Renewed Labour Crunch in Restaurants, Retail Manufacturing
Businesses across Canada are struggling to cope with an apparent sixth wave of COVID-19, as staffing shortages hamper sectors from health care to hospitality and retail — though the interruption […]
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If Vaccine Passports Are Dead, Should Vaccine Policies Be Too?
Over the last year, many employers have introduced mandatory COVID 19 vaccine policies into their workplaces. These policies have been heavily influenced by the COVID 19 climate in which they […]
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Part one: BC Relaxes COVID-19 Workplace Measures
British Columbia continues to take steps toward relaxing COVID-19 workplace safety requirements and returning employees to the office, in keeping with recent trends among provincial governments in Canada. On March […]
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Returning To The Workplace: Employer Obligations And Options
With news of the ending of Covid-19 restrictions in some regions in Canada and the announcement of the easing of restrictions in the NWT, the real question is whether working […]
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Employers Can Enforce Masking Policies Even After Provincial Mandates Are Gone
After much anticipation, the Ford government ended its mask mandate on March 21. For many, this caused them to breathe a sigh of relief, both literally and figuratively. But make no […]
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Canada Emergency Response Benefit: To Deduct Or Not To Deduct
The Canada Emergency Response Benefit ("CERB") provided financial support to employed and self-employed Canadians who were directly affected by COVID-19. The CERB was available to workers: residing in Canada, who […]
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What Comes Next? Ontario Ending Mandatory Mask Requirements In Most Settings
Bottom Line As part of the provincial reopening plan, on March 9, 2022, the Ontario Government announced its intention to lift provincial masking requirements in most settings as of March 21, […]
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Return to The Office or Permanent Work-From-Home? Whatever an Employer Chooses, Lawsuits Will Abound
The decision to recall employees is a double-edged sword. We have reached what could be employers’ last chance to return remote workers to the office. But employers risk constructive dismissal claims […]
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Union’s Refusal To Advance Mandatory Vaccination Policy Grievance Found In Good Faith
Bottom Line In the recently published decision of Ingrid Watson v Canadian Union of Public Employees, 2022 CIRB 1002 ("Watson"), the Canada Industrial Relations Board (the "Board") found that the Canadian Union […]
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Ontario Removing Masking Requirement On March 21 In Most Settings And Ending All COVID-19 Public Health Measures On April 27
On March 1, 2022, Ontario moved to the Roadmap Exit Step, as amended. We provided a summary of the restrictions that were eliminated on that date and those that would continue to exist. On […]
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Alberta Labour Relations Board Ices Union Complaint Against Vaccination Policy
Alberta Labour Relations Board dismisses unfair labour practice complaint against vaccination policy implemented during statutory freeze period. In Amalgamated Transit Union, Local No. 583 v Calgary (City), the Alberta Labour Relations Board […]
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Workplace Injuries In The Age Of Remote Work
A decision of the Administrative Labour Tribunal recognizing an employment injury that occurred in the course of remote work recently made headlines because of the particular nature of the circumstances […]
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Arbitrator Decides COVID-19 Pandemic Is Cataclysmic Event That Did Not Trigger Entitlement To Severance Under Layoff Provisions
In United Utility Workers' Association of Canada v Dataco Utility Services Ltd., 2022 CanLII 13414 (AB GAA), Arbitrator John Moreau, Q.C., dismissed 11 grievances filed on behalf of 11 service technicians (Grievors) […]
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It’s Not Me It’s The Landlord..
It's Not Me It's The Landlord: Third-party Vaccination Requirements May Justify The Employer's Adoption Of A Mandatory Vaccination Policy Labour, Employment & Humans Rights Law Bulletin In Bunge Hamilton Canada, Hamilton, Ontario […]
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A Cross-Canada Overview Of Covid Sick Leave Entitlements
The COVID-19 global pandemic has prompted many governments around the world to revisit employee sick leave protections. Employers in Canada, as in other parts, continue to face the unique challenge […]
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Difficult Questions: The Impacts of Covid-19 on Precarious Employment
Date: March 30 Time: 11:00 AM - 1:00 PM PST Speaker: Glenn French, Jennifer Mak & guests Covid-19 has exacerbated longstanding systemic issues and injustices both within our communities and our workplaces. These […]
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COVID-19 We’re Opening Up, What Does That Mean For Employers?
NUMEROUS PROVINCES ANNOUNCE THE END OF PROVINCIAL VACCINE MANDATES, WHAT DOES THIS MEAN FOR THE FUTURE? As of February 15, 2022, worldwide, more than 10.4 billion vaccine doses have been administered […]
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Canadian Corporate Immigration – Regulatory Requirements in a New World
Date: March 9 Time: 9:00 AM - 10:30 AM PST Speaker: Benjamin Kranc This presentation will begin with a brief background to help attendees understand the underlying issues and considerations with work permits […]
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Update on Vaccination Requirement for Health Professionals
In follow-up to the notice given to health professionals in October 2021, the provincial health officer is finalizing, in consultation with all health professional colleges, an order that requires all […]
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