The skinny on mandatory testing and vaccination policies in the workplace
Photo credit: Canadian Lawyer Magazine Under the Ontario Health and Safety Act (OHSA) employers must take every precaution reasonable in the circumstances to protect…
Photo credit: Canadian Lawyer Magazine Under the Ontario Health and Safety Act (OHSA) employers must take every precaution reasonable in the circumstances to protect…
Photo credit: Pexels/Sora Shimazaki In a previous article I wrote that so far there was no traction for the argument that an additional factor…
Photo credit: Pexels/Tima Miroshnichenko Recall the passing of Supporting Ontario’s Recovery Act, 2020 that provided protection from COVID-19 related liabilities to Ontarians – including…
On June 30 Ontario moves to Step 2 of its phased reopening plan. Given that the province-wide vaccination rate has surpassed established targets, can employers impose mandatory vaccination policies as part of their roadmaps to reopen?
There are two recent decisions of the Ontario Superior Court that contradict one another on the issue of whether placing an employee on IDEL (Infectious Disease Emergency Leave) amounts to common law constructive dismissal.
Short answer: Very little in law in Ontario. This is regardless of such considerations as: the timing of an employee’s termination prior to the pandemic, during, or due to the pandemic; and the actual time it takes an employee to find new employment. This is not to say that terminations during the pandemic, depending on the individual circumstances, may not have a negative public relations or brand impact, but that is another issue.
In re-examining your workplace, consider your workplace realities and what is and will be important to address and what you should be prepared to deal with. In doing so, consider what your employees’ current terms and conditions of employment are, relative to what they should be going forward to protect your business, reduce potential liabilities, and increase inclusion.
Given our limited social activities during the pandemic, I’d hazard to guess Ontarians are avid consumers of news and social media more than ever. Is or can this quote still be true? Or true within limits given the ease, speed, and vast distribution of a media and social media messages with the use of cancel culture on line?
On Nov. 20, 2020, the Government of Ontario Bill 218, Supporting Ontario’s Recovery and Municipal Elections Act, 2020 came into force. Under Schedule 1 of the Act retroactive protection against civil liability from March 17, 2020 has expressly been provided to any ”person” who makes a “good faith effort” to follow public health guidance and laws relating to COVID-19.
Where are we at so far in 2021? As likely everyone is aware, when Ontario Regulation 780/20 came into effect on Dec. 26, 2020, Ontario entered the “Grey Zone” - aka our second province-wide lockdown. Southern Ontario (27 regions including Niagara) for 28-days and Northern Ontario for 14-days (7 regions) if all goes to plan.
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