A Guide for Employers during COVID-19
This Guide sets out the key employment law issues to consider, as well as the government’s financial relief options to explore to get through this deep economic crisis. (Last Updated August 27, 2020).
Further free resources can be found here.
Should you need legal advice on how to manage
In these challenging times, in the midst of the pandemic, as workplaces re-open, pivot and change, we see the importance and immense value of having strategic employment and workplace law advice. Just a small allocation of thought space and time to being proactive could have changed the outcome of so many situations. We see it now in our firm in many ways.
Having run a small business for over a decade, I can appreciate that employers are often triaging the urgent demand of finding solutions to client’s needs. Rarely did I have the time or opportunity to “smell the roses” let alone try to proactively anticipate the workplace law needs of my growing organization. However, I now see the critical importance of taking a proactive approach.
Continue Reading Workplace Law: It Pays To Be Proactive
In some form or another, it’s looking like in-person learning will be going ahead this school year but that parents can keep their children home if they wish. In many cases, employers whose operations have been remote for the past several months are looking to bring employees back to the office. What if an employee doesn’t want to send their child back to school and subsequently insists that they cannot, therefore, come back into the office to work? What are an employer’s options?
Continue Reading School Re-Opening and Issues for Employers
The federal government has passed Bill C-20, An Act respecting further COVID-19 measures, which makes changes to the Canada Emergency Wage Subsidy (CEWS) program. For those so inclined, here is the full text of the Bill.
New Criteria for Eligibility
Starting with period 5 (which began on July 5), employers will no longer have to show a decline in revenue of 30%. Most employers (as long as they meet the definition of eligible employer) will be eligible for the CEWS and will not need to show a revenue reduction of 30%, as was previously required.
Continue Reading Changes to the CEWS
The state of emergency in Ontario ended on July 24, 2020. This means a new clock has started ticking for employers with employees on what were temporary layoffs but were then converted into deemed Infectious Disease Emergency Leaves (IDEL) by O. Reg 228/20. While this sounds confusing, basically if your employees are off work involuntarily
As workplaces re-open, employers are getting all kinds of objections from employees about coming back to work. Common among these are childcare responsibilities. While some daycares and day camps are operating, things are far from normal. What obligation do employers have to accommodate refusals to come back to work due to childcare responsibilities?
Employee Protection Under the Infectious Disease Emergency Leave
In Ontario, employees who claim they cannot work due to childcare responsibilities may have job protection under the Infectious Disease Emergency Leave (IDEL). The IDEL provides job protection to employees who need to take a leave from work to care for their children whose school or daycare is closed because of COVID-19. The Ministry of Labour Guide on this leave also includes day camps being cancelled as a reason for the leave so we can be sure that the protection is meant to be expansive.
Continue Reading Family Status Accommodation in the Time of COVID-19
As we look towards returning to work and re-opening businesses we thought we would re-visit the CEWS and CERB, both of which have recently been extended.
The CEWS (Canada Emergency Wage Subsidy) continues to provide employers with a wage subsidy to bring employees back. The CERB (Canada Emergency Response Benefit) may be working against employers in some instances, where employees do not want to come back or serve to make more money by not working and staying on the CERB.
Extension of the CEWS
The government has doubled the length of the CEWS program to now extend until August 29, 2020. Eligibility for the CEWS is broken down into periods, where an employer needs to demonstrate a specific revenue reduction for that period. Periods 5 (July 5 – August 1) and 6 (August 2 to August 29) are expected to require a 30% reduction in revenue, however, details have not yet been announced.
Continue Reading The CEWS, the CERB and Returning to Work
A Guide for Employers during COVID-19
This Guide sets out the key employment law issues to consider, as well as the government’s financial relief options to explore to get through this deep economic crisis. (Last Updated June 19, 2020).
Further free resources can be found here.
Should you need legal advice on how to manage
A Guide for Employers during COVID-19
This Guide sets out the key employment law issues to consider, as well as the government’s financial relief options to explore to get through this deep economic crisis. (Last Updated June 3, 2020).
Further free resources can be found here.
Should you need legal advice on how to manage
As many of our readers and clients know, we have been cautioning that the legality of certain layoffs and job changes necessitated by COVID-19 is uncertain. Generally, layoffs are only legal if the employment contract gives the employer the right to layoff, and many other job changes, such as reductions in hours or pay, raise the risk of constructive dismissal. We anticipated that at some point the Ontario government may weigh in and change the law – on Friday they did.
Continue Reading Big Changes for COVID-19 Layoffs in Ontario: New O. Reg 228/20 Infectious Disease Emergency Leave Curtails Constructive Dismissal Claims