IDEL extension July 3, 2021
Photo by Martin Sanchez on Unsplash

We had a feeling this might happen! And it has. The Ontario government has extended the length of the Deemed Infectious Disease Emergency Leave (IDEL) AGAIN! Enacting O. Reg 765/20, amending O. Reg 228/20 both under the Employment Standards Act (ESA). 

We have been warning our clients – and webinar attendees – about the upcoming January 2, 2021 end to the Deemed IDEL – it has now been extended to July 3, 2021. 

What is a Deemed IDEL? 

Employees who were laid off or had their hours reduced from March 1, 2020, until July 3, 2021, are on a deemed IDEL. During normal times, we would consider these employees to just be laid off but these regulations convert any reduction in hours – including all the way to ZERO hours and ZERO pay – to be deemed IDELs and not layoffs. 
Continue Reading New! IDEL Extension Until July 3, 2021

employee tests covid-19 positive
Photo by Kelly Sikkema on Unsplash

As case numbers rise, employers and employees alike may wonder what they should do if an employee or a co-worker tests Covid-19 positive. 

If An Employee is COVID-19 Positive

Obviously, an employee who has tested positive for COVID-19 should not return to work until they are no longer COVID-19 positive. In Ontario, workplaces are currently required to administer the daily screening tool, which ideally catches any infected employee early. 

Employers should assess the infected employee’s past actions and potential contacts. It may not be necessary to close the entire workplace, but it may make sense to close off their work area or the bathroom they used for a time and then to thoroughly disinfect the area.
Continue Reading Covid-19 Infections At Work

executive termination package entitlements
Photo by Bernard Hermant on Unsplash

Unfortunately, lots of terminations are coming across our desks these days. While most employers understand that they need to provide notice of termination, many employees have a variety of different types of compensation which may or may not continue during the notice period. As with many things in law, it depends! 

Let’s go over some of the common aspects of executive termination packages.

A Primer on Notice

It all starts with notice! Unless an employee is being terminated for cause, they are entitled to notice of termination. “For cause” or “with cause” terminations are rare, so in most cases and absent egregious employee behaviour, employers will owe employees notice.

Continue Reading Termination Entitlements: Benefits, Bonuses and Commissions

New recovery benefits replace Canada Emergency Response Benefit
Photo by kate.sade on Unsplash

So long, CERB! The Canada Emergency Response Benefit (CERB) has officially ended.

Those who were receiving the CERB can now apply for the new recovery benefits. These benefits are retroactive to September 27, 2020, and available until September 25, 2021.

The Canada Recovery Caregiving and Sickness Benefits

As of this Monday, October 5, 2020, the following benefits are now open for applications through the
Canada Revenue Agency (CRA). Here is some information on these new benefits:
Continue Reading Life After CERB: New Government Benefits

government income replacement programs post-CERB
Photo by Christina @ wocintechchat.com on Unsplash

Buh-Bye CERB

The federal government has introduced a suite of new income replacement programs which will take over from the Canada Emergency Response Benefit (CERB) once it ends on October 3, 2020. Note that individuals can still apply for the CERB until December 2, 2020, but the benefit application must be for income lost during the time period March 15, 2020 to October 3, 2020. FAQs about the CERB and the various application processes can be found on the government site here

Remember that while it has been very easy to get the CERB, it is not properly available to those who refuse to return to work or who quit their jobs because being on the CERB is more lucrative than working.
Continue Reading New Government Income Replacement Benefits

Many restrictive convenants in agreements unenforceable
Image by Edar from Pixabay

We get a lot of questions from employers and employees about restrictive covenants. Many employment contracts include a restrictive covenant – a contractual clause that seeks to limit an employee’s ability to solicit the employer’s clients and/or employees and/or to compete for those same clients in the same geographical area once the employee leaves the employer.

Courts generally find restrictive covenants in employment agreements unenforceable, unless they are reasonable between the parties and not adverse to the public interest. Typically, if a restrictive covenant is ambiguous with regards to time, activity or geography, it will not be enforceable. Let’s take a look at non-solicit agreements.
Continue Reading Non-Solicit Provisions in Employment Contracts – What You Need to Know

The CEWS, the CERB and Returning to Work
Photo by Ewien van Bergeijk – Kwant on U

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

new Infectious Disease Emergency Leave regulationAs 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

COVD-19 and WSIBOntario potentially has another new COVID-19 related law on the horizon, this time related to worker’s compensation. On May 19, Bill 191, Workplace Safety and Insurance Amendment Act (Presumption Respecting COVID-19), 2020 passed first reading in the Ontario Legislature. 

COVID-19 a Presumptive Occupational Disease for Essential Workers

If the Bill is passed, it will amend the Workplace Safety and Insurance Act, 1997 to add a presumption that COVID-19 is an occupational disease for workers working for essential businesses as deemed by an Order under the Emergency Management and Civil Protection Act


Continue Reading COVID-19 and Proposed Amendments to the Workplace Safety and Insurance Act, 1997