Ontario Court upholds just cause termination provisionLast year, we reported on the Ontario Court of Appeal’s decision in Waksdale v. Swegon North America Inc. (the “Waksdale decision”), in which the Court found that although drafted properly, a termination without cause provision in an employment contract was... |
Ontario Ministry of Health provides clarity for medical exemptions to COVID-19 vaccinationWith employers keeping busy drafting and enforcing vaccination policies in the last few weeks, many questions have been raised about medical exemptions from the requirement to get the COVID-19 vaccine. While employers are aware that human rights legislation requires them... |
Health and safety obligations on construction sites during the pandemicConstruction employers in Ontario have a duty under the Occupational Health and Safety Act to protect the health and safety of workers on construction sites. This duty includes the obligation to protect workers from COVID-19 and help prevent outbreaks at... |
Further details on Ontario’s “stay at home” orderAs we reported in our Communique on January 12, 2021, on Tuesday Premier Doug Ford announced that the Province of Ontario would be imposing a stay-at-home order effective as of midnight January 13, 2021. Only a handful of hours before... |
Ontario issues “stay at home” orderThis afternoon, Premier Doug Ford declared that the Province of Ontario issued a second Emergency Order under s. 7.01(1) of the Emergency Management and Civil Protection Act (EMPCA). While the details of the Emergency Order are still unclear, Premier Ford... |
Significant 2020 Ontario employment law decisionsThe Lawyer's Daily With COVID-19 dominating all aspects of life for most of 2020, including the workplace, it is hard to imagine that Ontario courts and tribunals had time to deal with any other legal issues. It is surprising, then, that this year... |
Key 2020 employment law decisions, Ontario divisionThe Lawyer's Daily With COVID-19 dominating all aspects of life for most of 2020, including the workplace, it is hard to imagine that Ontario courts and tribunals had time to deal with any other legal issues. It is surprising, then, that this year... |
Federal update: New monetary penalties effective under the Canada Labour Code on January 1, 2021On January 1, 2021, the Canada Labour Code (“the Code”), which applies to federally regulated employers, will be amended to add a new Part IV, titled “Administrative Monetary Penalties.” The purpose of Part IV is to establish an alternative penalty... |
Inna Koldorf interviewed in PGC Group blog on Hiring Workers in CanadaPrecision Global Consulting, "Hiring Workers in Canada - Q&A with Inna Koldorf" For growing businesses, Canada presents some attractive prospects and is packed with potential growth opportunities. But, while there are similarities in employment law between the US and Canada, it’s important to be able to navigate the differences compliantly to avoid... |
Episode 4: Re-opening your business – Key considerations in returning your employees to workListen to Episode 4 of Morning Commute with Miller Thomson. Miller Thomson's Labour & Employment team discusses key takeaways for businesses and organizations preparing the workplace for returning employees. |
Inna Koldorf contributes to Q&A for Canadian Dental Association on how to respond to sexual harassment by a patientCDA Essentials, Vol 7, 2020, Issue 2 A hygienist on your team tells you that she has be sexually harassed by a patient […] How can a dentist, as the employer and practice leader, respond to this situation in a way that ensures the workplace remains a... |
Inna Koldorf quoted in The Lawyer’s Daily article on new Ontario infectious disease legislationThe Lawyer's Daily, "Lawyers divided over protection provided by new Ontario infectious disease legislation" Labour and employment lawyers in Ontario are divided on whether the recently passed Employment Standards Amendment Act (Infectious Disease Emergencies), 2020 goes far enough to protect workers and provide direction for employers during the COVID-19 pandemic. According to a government release, the Act,... |
Key employment law cases in 2019The Lawyer's Daily With 2019 firmly behind us, we have reviewed the top cases of 2019 and narrowed our selection to five cases. In the first part of this two-part series, we discussed constructive dismissal in Morningstar v. Hospitality Fallsview Holdings Inc. 2019 ONWSIAT 2324... |
Top Ontario employment law cases of 2019The Lawyer's Daily Last year was a year full of changes in employment law. Aside from the many legislative changes on both the provincial and federal fronts, our courts (and some administrative tribunals) created new law, affirmed existing legal concepts and overturned others.... |
Inna Koldorf quoted in Benefits Canada articleBenefits Canada Be that as it may, the uncertainties remain. “. . . the Court did not specify what ‘other improper conduct’ may be, leaving employers to guess, be over-inclusive or take a risk when drafting releases,” writes Inna Koldorf, a labour... |
Inna Koldorf quoted in The Lawyer’s Daily article on digital self-auditing toolThe Lawyer's Daily, "Ontario introduces digital self-auditing tool to monitor compliance with ESA" In its “commitment to a modern, efficient government,” Ontario has introduced a digital self-audit tool to replace paper audits done by employment standards officers (ESOs) on companies’ compliance with the Employment Standards Act (ESA). Labour and employment lawyers say they believe this... |
Domestic Violence in the WorkplaceCDA Essentials, Issue 1, 22 - 26 Over the past month, you’ve noticed a change in one of the assistants who works at your practice. Usually, Janine is a friendly and engaging with the patients, but lately she seems more withdrawn. Her work ethic remains strong, but... |
Inna Koldorf quoted in The Lawyer’s Daily article on harassment in the workplaceThe Lawyer's Daily, "Engage employees on hot button policy issues, labour and employment panel says" Labour and employment concerns can run the gamut, from cannabis and harassment in the workplace, to culture, compliance and employee suicide. Perspectives on how to handle these hot button topics were shared by a panel of in-house and external counsel... |
Inna Koldorf is interviewed on the legalities of hiring workers in CanadaFor growing businesses, Canada presents some attractive prospects and plenty of potential opportunities. But, while there are similarities in employment law between the US and Canada, it’s important to be able to navigate the differences compliantly to avoid penalties. PGC’s... |
Sexual Harassment and Intimidation at Work are “Not Connected to Employment”, Court FindsIn a decision that employers should find troubling, the Ontario Superior Court of Justice recently noted that sexual harassment, intimidation and other “improper conduct” at work are not connected to employment and are therefore not covered by a full and... |
Canada Tables First Federal Accessibility LegislationFollowing in the footsteps of Ontario, Manitoba and Nova Scotia, the federal government recently introduced the Accessible Canada Act (the “Act”), aimed at bringing down barriers in federal organizations for individuals with disabilities. The new Act defines “barriers” to include... |
Employee of Independent Contractor? Recent Trends in the Classification of WorkersCanadian Consulting Engineer Canadian workplaces have gone through significant changes in the last two decades. The rapid development of technology has caused the traditional bricks-and-mortar workplace, which was most common in the past, to morph into various non-traditional spaces. Likewise, workplace relationships today... |
Then Now Next: Ontario Government Introduces Pay Transparency LegislationOnly weeks after the new amendments to the Employment Standards Act, 2000 (“ESA”) and their focus on precarious employment came into effect, the Ontario government introduced a new bill aimed at increasing pay transparency. Bill 203, the Pay Transparency Act,... |
