Can I Fire Employees Who Refuse to Be Vaccinated? Kinda, Sorta, Maybe…

With the rollout of Moderna and Pfizer vaccines, employers and most employees are looking forward to a return to some semblance of normalcy and, for many, a return to the workplace for all. With vaccine hesitancy, the anti-vaxxer movement and employees’ simply wishing to continue to work from home forever, employers are rightly concerned about […]

How Do Unions Form and Become Certified in Ontario?

With the economic downturn resulting from COVID-19, employees and unions are looking to secure their future place in the workplace. One question we are often asked is how do unions form and become certified in Ontario. The process of unionizing often begins with one employee. He or she will meet with a union business agent […]

Supreme Court Declines to Further Expand the Duty of Good Faith in Employment Context

Back in February, 2019, we blogged about the long-anticipated decision in the case of Matthews v Ocean Nutrition. This morning, Mr. Matthews prevailed and is now a millionaire due to a simple and cautious decision penned by Mr. Justice Kasirer. The Facts Mr. Matthews worked for Ocean Nutrition (the “Company”) for 14 years as a […]

Federal Student Grant Program Could Mean Students Work for Less than Minimum Wage this Summer

On June 25th, the federal government launched the Canada Student Service Grant (CSSG), a program aimed at encouraging post-secondary students and recent graduates to volunteer with not-for-profit organizations addressing COVID-19 relief. The CSSG provides students with a one-time payment ranging between $1,000 and $5,000 based on the number of volunteer hours the student completes. The […]

Why COVID-19 Should Not Extend Most Notice Periods

In the employment law blogosphere, there is much chatter about whether the COVID-19 pandemic extends periods of reasonable notice. As a lawyer who represents employees and employers, I’ve been thinking a lot about it and reading up on the top blogs. A lot of employment counsel surmise that much like notice periods generally, it will […]

I Want to Reopen My Ontario Business: Getting My Workforce Back

Employers looking to reopen must first turn their minds to recalling employees from their temporary lay-offs. When must I do it? Lay-offs are governed by the Employment Standards Act, 2000 and can generally only last 13 weeks. In cases where the employer continues to make substantial payments during the layoff (EI top-up, healthcare benefits, other […]

Not Out of the Woods Yet: State of Emergency and Court Closures to Continue

While data indicate that Ontario is “flattening the curve”, COVID-19 measures will remain in place for some time to come. State of Emergency On March 17, 2020 (the last day this blogger was seen in the office), Premier Ford announced a state of emergency under the Emergency Management and Civil Protection Act. This legislation is […]