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Employment Standards, Employee Rights Kevin Patrick Robbins Employment Standards, Employee Rights Kevin Patrick Robbins

Ontario Implementing Major Changes to Employment Law

While vaccination mandates and the ongoing pandemic continue to dominate headlines, less attention has been given to the major changes to Ontario employment law currently being proposed at Queen’s Park. A ban on non-compete clauses, a new minimum wage, and a legally protected right to wear poppies in the workplace are just some of what may be coming.

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COVID-19 & Employment, Employee Rights Kevin Patrick Robbins COVID-19 & Employment, Employee Rights Kevin Patrick Robbins

Ontario (Again) Delays Resumption of Temporary Layoff Rules

For a second time, Ontario has extended its freeze of the ordinary rules governing unpaid temporary layoffs. Pursuant to O. Reg. 765/20, issued under the Employment Standards Act, 2000 (the “ESA”), provincially regulated employers in Ontario are now allowed to keep employees off work in response to the COVID-19 pandemic, without pay, during the period of March 1, 2020 to July 3, 2021.

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Employee Rights, COVID-19 & Employment Kevin Patrick Robbins Employee Rights, COVID-19 & Employment Kevin Patrick Robbins

After Ontario’s Declared Emergency Ends, Normal Lay-Off Rules Return

On July 24, 2020, Bill 195, Re-opening Ontario (A Flexible Response to COVID-19) Act, 2020 (the “Bill”) came into force, bringing an end to Ontario’s declared State of Emergency. Although the declared emergency is over, many emergency orders continue in effect (for an initial period of 30 days beyond July 24, 2020 and subject to subsequent renewal).

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Coronavirus (COVID-19): What Ontario Employers Should Know

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.

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Q&A Ontario Employment, Employee Rights Kevin Patrick Robbins Q&A Ontario Employment, Employee Rights Kevin Patrick Robbins

Q&A: Employment Law for Locally-Engaged Staff of Embassies and Consulates in Canada

Q&A is a recurring series on the Vey Willetts LLP blog. The aim is to provide quick answers to questions we commonly encounter in our day-to-day practice of employment law. In this edition, we focus on how employment law applies to foreign embassies and consulates that engage Canadian citizens and permanent residents to work at their diplomatic missions in Canada (“locally-engaged staff”).  

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Employee Rights, Wrongful Dismissal Kevin Patrick Robbins Employee Rights, Wrongful Dismissal Kevin Patrick Robbins

Employee’s tweets about confidential settlement payments cost him $50,000.00

The majority of employment disputes are resolved long before they ever reach a court room. Usually, the former employee will agree to accept a sum of money from their previous employer in exchange for executing a release agreement. While the substance of release agreements can vary, they generally share two similarities:

  1. No further liability: The individual agrees that upon receipt of an agreed payment, he/she shall have no further right to seek additional compensation as a result of their employment, or the termination thereof; and

  2. Confidentiality: The individual agrees to keep the terms of settlement confidential.

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Accommodation, Employee Rights Kevin Patrick Robbins Accommodation, Employee Rights Kevin Patrick Robbins

Medical Cannabis and Safety-Sensitive Jobs: Where can Employers Draw the Line?

Much legal ink has been spilled over the past year about the impact of cannabis legalization on the workplace (see our overview here). At the end of the day, however, the basic rules of the game have not changed. Employees still cannot expect to attend at work while intoxicated. Employers can still insist on sobriety in the workplace. And safety-concerns regarding how to structure operations remain a foremost consideration in any workplace (and in fact are mandated by operation of the Occupational Health and Safety Act).

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Dismissal, Employee Rights, Employment Contracts Kevin Patrick Robbins Dismissal, Employee Rights, Employment Contracts Kevin Patrick Robbins

Ontario superior court confirms that frustration of contract is a two-way street

The legal doctrine of frustration of contract is well known to employment lawyers but its application is not all that intuitive to the average employer or employee. In the recent case of Hoekstra v. Rehability Occupational Therapy Inc., 2019 ONSC 562, the Ontario Superior Court of Justice was asked to revisit this doctrine and opine as to whether an employee, as compared to an employer, can ever assert frustration to end an employment relationship.

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Employee Rights, Human Rights Kevin Patrick Robbins Employee Rights, Human Rights Kevin Patrick Robbins

Off-Key? The Boston Symphony and Gender-Based Equality in Pay

The size of an employee’s salary is often seen as an indicator of importance within an organization. Thus, when women are paid less than their male counterparts for performing similar work, it suggests that their efforts are somehow of lesser value. In Ontario, we have a number of legal mechanisms that are designed to reduce gender-based wage disparity, however, it remains a reality in far too many workplaces.

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