Mandatory COVID-19 Vaccination Policies
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In our recent blog, we discussed the consequences that employees may face for not receiving government-approved COVID-19 vaccinations. We also touched on the legitimate medical or religious reasons that some employees may have for refusing or being unable to be vaccinated. In this blog, we’ll take a deeper dive into what sorts of exemptions employers should be prepared to expect (if they have not already come across them) and the steps they can take to determine whether employees have a valid request for an exemption from vaccination, along with the required accommodations. 

Types of COVID-19 Mandatory Vaccination Exemptions Employers May Encounter

Employers should keep an eye out for valid medical and religious/creed-based exemptions employees may have from vaccination. 

The College of Physicians and Surgeons of Ontario has provided some examples (of which it emphasizes there are few) of acceptable medical exemptions from the COVID-19 vaccination: Continue Reading A Deeper Dive into Exemptions from Mandatory COVID-19 Vaccination Policies

Free webinar: Dealing with Harassment, Bullying, and Sexual Violence in the WorkplaceOctober is National Bullying Prevention Month. Harassment, bullying, and sexual violence in the workplace continue to persist. Last month, Western University dealt with several sexual assault allegations. What does this mean for employers?

Join SpringLaw’s Flo Vineberg and Emily Siu as they discuss sexual assault, harassment, and violence in the workplace, as well trauma-informed workplace investigations.

Date: Wednesday, October 20, 2021
Time: 10:30-11:00 am EST
Register: Click here!
Continue Reading Free webinar: Dealing with Harassment, Bullying, and Sexual Violence in the Workplace

Bill 132 - Sexual Violence and Harassment Action Plan Date
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In response to the provincial government’s March 2015 report entitled  “It’s Never Okay: An Action Plan to Stop Sexual Violence and Harassment,” the Ontario legislature passed Bill 132 – Sexual Violence and Harassment Action Plan in March 2016, which entered into force in September of that year. This Bill amended Ontario’s Occupational Health and Safety Act (OHSA), establishing specific requirements with respect to sexualized harassment and violence prevention in Ontario’s workplaces. In turn, employers have since had additional responsibilities to understand, address and eliminate workplace sexual harassment and violence beyond previous measures. This requires sound and updated workplace policies, sufficient workplace training, and additional competencies to ensure compliance with the OHSA via, amongst other things, informed and diligent workplace investigations. Continue Reading Understanding your employer obligations under Bill 132 – Sexual Violence and Harassment Action Plan

Minimum Wage Increase in Ontario
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As of October 1, 2021, minimum wage rates in Ontario increased. The increases are tied to the 2020 Ontario Consumer Price Index under the Making Ontario Open for Business Act. The general minimum wage for provincially regulated employees has increased by 10 cents – from $14.25 per hour to $14.35 per hour. The minimum wage rates for students, liquor servers, hunting and fishing guides, homeworkers, and wilderness guides have also increased. The Ministry of Labour has published a handy chart with a list of the minimum wage rates.

What about alternative pay arrangements (non-hourly, non-salaried, room and board)?

Employers should note that these rate increases also apply to employees who earn commission – these employees’ pay must amount to at least the minimum wage for each hour the employee has worked.  Continue Reading Minimum Wage Increase in Ontario

We are thrilled to introduce two new members of the SpringLaw team- Flora Vineberg and Lindsay Koruna!

Flora Vineberg – Employment, Sexual Assault & Investigations Lawyer

Flora Vineberg joins SpringLaw
Photo by Jason Raposo

Flora is a formidable advocate specializing in labour and employment law, with a specific focus on sexual assault, harassment and human rights litigation, and workplace investigations. She recognizes the value of a healthy and productive workforce, and works alongside both employees and employers to achieve positive, sustainable legal outcomes predicated on trust and professionalism.

With a focus on gender-based violence, Flora has worked at the International Criminal Tribunal for Rwanda, received training in The Hague to conduct international criminal investigations, and is currently also an Investigator with the province’s Special Investigations Unit. Flora has volunteered for and participated in myriad forms of community-based advocacy including the Toronto Police Services Sexual Assault Advisory Committee, and the Missing and Missed Implementation Task Force as part of the LGBTQ community. Flora regularly writes and speaks publicly regarding all aspects of sexual assault, centering a feminist approach to legal advocacy and an enduring commitment to building client trust.

Outside the office Flora loves the outdoors, playing ice hockey, spending time with any/all animals including her rescue dog, playing music, and sharing meals with loved ones.

Flora’s diverse experience and expertise will enable SpringLaw to expand the scope of our services to both our employer and employee clients, as well as victims of sexual assault Employing a client-centered and trauma-informed approach, Flora’s background in both criminal and civil law enables her to represent clients from all walks of life with compassion, tenacity and focus. In turn, she uses these skills to provide informed and thoughtful legal advice, while incorporating strategic or creative solutions to myriad workplace and human rights-based issues.

Lindsay Koruna – Paralegal

Lindsay Koruna joins SpringLaw
Photo by Jason Raposo

Lindsay is a licensed paralegal with a background in criminal law and sexual assault and personal injury civil litigation. She works compassionately with both employer and employee clients while maintaining a professional and legal lens for various legal issues.  

Lindsay started her legal career in 2015 as a paralegal working in a firm that specializes in criminal defence. She then joined a boutique firm that practices personal injury civil litigation with a focus on sexual assault cases. 

Through her work with high-risk cases and vulnerable clients, Lindsay has become a strong advocate for law to be accessible, easily explained and, more importantly, understood.

Outside of work, as a Toronto local, Lindsay is very passionate about supporting local and small business, whether that be through food, drink, or activities. If there is live music in the city, you can bet Lindsay will be there. 

We are thrilled to have Lindsay joining us and know that she will provide both our clients and our legal team with exceptional support and services. She brings compassion, understanding and a client-centered approach to the legal process, and strives to make what may seem like an intimidating legal process as easy as possible for our employer and employee clients. 

We are so thrilled to have them joining us.  Welcome to SpringLaw Flora and Lindsay!

National Day for Truth and ReconciliationToday marks Canada’s first National Day for Truth and Reconciliation.  This day provides Canadians with an opportunity to honour, reflect upon and educate themselves about the lost children and Survivors of residential schools, and their families and communities.  

At SpringLaw, each of our team members will be dedicating part of today to observing the National Day for Truth and Reconciliation by learning about Truth and Reconciliation, the diverse and rich First Nations, Metis and Inuit cultures across Canada, and reflecting upon their stories and histories.

SpringLaw will also be making a donation to the National Centre for Truth and Reconciliation for each team member who completes the University of Alberta’s free online course “Indigenous Canada”. We encourage all of our clients, colleagues, family and friends to do the same.  Continue Reading National Day for Truth and Reconciliation

Job Consequences for Employees Refusing Mandatory Vaccination
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We are getting lots of questions from employers and employees about vaccination. We addressed many of these questions a few weeks ago in our post Unvaccinated Employees and Mandatory Vaccination. Now that a little bit of time has passed, we are getting more questions about the possible job consequences for employees who are unvaccinated. 

Why is the Employee not Vaccinated?

Before considering what job consequences might be appropriate, it’s crucial for employers to understand the employee’s reasons for being unvaccinated. In rare circumstances, an employee may be entitled to a legitimate exemption from a mandatory vaccination policy. Employees who have legitimate exemptions based on medical or religious grounds will be entitled to protection from discrimination by human rights legislation. While it still may not be appropriate to allow an unvaccinated employee with a legitimate reason for an exemption from attending in person at the office, they will be entitled to accommodation. The range of accommodations is wide, from placing an employee on an unpaid leave of absence to allowing them to continue their work remotely. For more information on legitimate reasons for exemptions and accommodation, see our past post.  Continue Reading Job Consequences for Employees Refusing Mandatory Vaccination

IDEL COVID-19 Period Extended to January 1, 2022
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The COVID-19 period for Ontario’s Infectious Disease Emergency Leave (IDEL) has once again been extended, this time to January 1, 2022. The COVID-19 period for this leave which, at its inauguration was set to end on September 4, 2020, has been extended multiple times – first to January 2, 2021, then to July 3, 2021, then again to September 25, 2021, and now into the new year. 

To Whom Does this Leave Apply?

This IDEL applies to employees who were laid off or had their hours temporarily reduced from March 1, 2020 to January 1, 2022. Employees on this deemed IDEL are exempted, under a provincial regulation that amended certain segments of the Employment Standards Act, 2000 (“ESA”), from being deemed to have been terminated. These employees are not owed ESA notice or severance pay.  Continue Reading IDEL COVID-19 Period Extended to January 1, 2022

proof of vaccination
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On September 1, 2021, the Ontario government announced that, beginning September 22, 2021, Ontario residents will be required to provide proof of full COVID-19 vaccination (meaning that both doses of an approved COVID-19 vaccine must have been administered at least fourteen days prior), in the form of a printout or PDF receipt of vaccination status, plus photo identification, in order to enter certain non-essential business sites. A vaccine verification app and QR code, to be used by various businesses and organizations, are currently under development. 

Where Proof of Vaccination Will and Will Not be Required in Ontario 

The vaccine certificate program requires that non-essential businesses restrict entry to their premises to those who have valid proof of vaccination, as outlined above. Non-essential businesses include restaurants (indoor dining only); nightclubs (indoor and outdoor areas); theatres, music festivals, concerts, and cinemas; night clubs, strip clubs, bathhouses, and sex clubs; racing venues; casinos and gaming establishments; fitness and recreational centres (except youth recreational sport); and meeting spaces. Continue Reading Vaccine Passports: Which Businesses will Require Them and Who is Exempt?