The pandemic impacted heavily on the working lives of many: some lost their jobs, otherwise endured prolonged lay-offs, and many found themselves working from home. With the pandemic waning and (hopefully) at, or close to, an end, employers are considering how best to structure their workplaces moving forward. This presents a unique opportunity - to learn from mistakes, create efficiencies, improve culture and attract talent.

As the pandemic reaches the two year mark, the Omicron variant has taken hold across the country. In response, public health agencies have updated their recommendations and protocols. With the introduction of booster shots, new quality standards for facial masks, and limited access to testing, employers may quickly come to find their existing COVID-19 policies are out of date.

It is beginning to feel a lot like Groundhog Day. For the fourth time since its inception, the Ontario government has extended the length of Infectious Disease Emergency Leave (“IDEL”). It will now operate until at least December 31, 2021. [Click here for our coverage of previous IDEL extensions.]

Ontario has, for a third time, extended the length of Infectious Disease Emergency Leave (“IDEL”). Pursuant to O. Reg. 412/21, IDEL now encompasses a maximum period of March 1, 2020 to September 25, 2021. The practical impact of this change is that employers are allowed to keep employees off work, without pay, in response to the COVID-19 pandemic for an additional three months.

A recent decision from the Ontario Superior Court of Justice (Coutinho v. Ocular Health Centre Ltd., 2021 ONSC 3076) is the first to consider the legal consequences of Ontario’s Infectious Disease Emergency Leave (a special measure created to respond to the COVID-19 pandemic).

When the pandemic first began, and at various subsequent points, many Ontario employers experienced a decrease in work volume and, as a result, made the difficult decision to place their staff on temporary unpaid lay-off from work. This seemingly straightforward decision, however, has resulted for some businesses in unintended litigation. They have faced employee claims for severance on the basis that their lay-off amounted to a constructive dismissal from employment.

Over the past year, numerous Ontario employers have had to downsize their operations and dismiss staff in response to the ongoing pandemic. Many of those who have lost their jobs turned to government income replacement programs while looking for new employment.

Face coverings have become a common feature of daily life in the age of COVID-19. Recent steps taken by both municipal and provincial governments now indicate that mandatory face coverings are here to stay for the foreseeable future.

Effective September 26, 2020, Ontario amended its Rules for Areas in Stage Three, a government regulation that lays out requirements for businesses during the current phase of the provincial reopening process.

On June 18, 2020, Vey Willetts’ lawyer Paul Willetts presented at the Law Society of Ontario’s annual 6-Minute Employment Lawyer Conference. The event, which this year was held virtually, featured over 20 speakers and touched on a broad range of workplace issues.

Late in the day on Friday, May 29th, the Ontario Government quietly released a new regulation made pursuant to the Employment Standards Act, 2000 (the “ESA”). Statutory regulations are not normally the stuff of excitement, even for lawyers. Yet this particular regulation, O. Reg. 228/20, Infectious Disease Emergency Leave (the “Regulation”), merits special consideration.

COVID-19 seemingly came from nowhere and fundamentally altered our lives. It has brought challenges to many Ontario workplaces, exposing deficiencies in employment agreements and emphasizing the need for strategic planning and preparedness.

Please note: the situation with COVID-19 is continuing to rapidly develop. In the coming days and weeks, it is likely that both levels of government may introduce additional measures/legislation that could impact employee rights/obligations. We will look to update this page accordingly. If, however, you have specific questions about your workplace entitlements, please contact an employment lawyer directly.

For the past two months, the attention of the world has been fixed on Wuhan, China, as the epicentre of a new respiratory virus. The 2019 Novel Coronavirus (or 2019-nCoV) has been declared a “Public Health Emergency of International Concern” by the World Health Organization and as of February 8, 2020, there have been eight (8) confirmed cases in Canada.