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.

As the COVID-19 pandemic rages on, one now endemic fact of life is the ubiquitous use of facial masks. Whether at work or when shopping, wearing a mask is often required by law. Perhaps unsurprisingly then, in the past several months, a few individuals across Canada have attempted to challenge masks laws (often with little success).

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 resignations.

When Ontario courts assess whether an employee has been wrongfully dismissed, they often start by referencing the 1960 decision of Bardal v. Globe & Mail Ltd., 1960 CanLII 294 (ON SC).

Bardal directs courts to consider several factors specific to the employee when determining appropriate severance, including: 1) character of the employment; 2) length of service; 3) age at the time of termination; and 4) availability of similar employment.

Earlier this month, Vey Willetts’ lawyer Andrew Vey presented to a the Employment Accessibility Resource Network (“EARN”). EARN is a community initiative that brings together in partnership employers, service providers and other stakeholders with the goal of increasing employment opportunities for people with disabilities.

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.

Earlier this year, the Federal Government published new Workplace Harassment and Violence Regulations (the “Regulations”), along with Bill C-65, which will amend the Canada Labour Code (the “Code”). These changes come into force on January 1, 2021.

When an employer dismisses an employee without cause, the employee’s work performance prior to termination is generally considered to be irrelevant. Ontario’s legal framework is concerned only with determining whether the employee was dismissed without receipt of either reasonable notice (in accordance with the common law or a written contract, as the case may be) and if not, calculating the value of damages that should be paid.

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.

Since January 1, 2018 the general minimum wage in Ontario has been $14.00 per hour. As of October 1, 2020, it will increase to $14.25 per hour. Under the Making Ontario Open for Business Act, this increase is tied to the Ontario Consumer Price Index for 2020.

On September 3, 2020, Ontario announced that it had extended its freeze of temporary layoff limitations. Regular layoff rules had been set to resume on September 4, 2020. Pursuant to O. Reg. 492/20, this date has now been pushed back to January 2, 2021.

Vey Willetts lawyer Paul Willetts was recently quoted in The Lawyer's Daily. The article, "New federal rules to require interns to be paid minimum wage, students exempt", considers new regulations under the Canada Labour Code that are poised to take effect this fall.

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).

A recent decision from the Court of Appeal for Ontario has the potential to render many existing contractual termination clauses unenforceable. This development will have a major impact on employee severance rights and the costs employers may be required to incur when dismissing workers.

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.