The learning objectives are to teach human resources professionals about the following:
- Whether mandatory COVID-19 vaccination policies are likely to be legally enforceable, and whether it is a good strategy for employers to implement such policies, or whether other alternatives would be advisable. The presentation will also discuss recommended content to be included in any mandatory COVID-19 vaccination policy.
- Whether COVID-19 Benefits Received by an Employee are repayable to Service Canada or the Canada Revenue Agency (CRA) upon Settlement of a Wrongful Dismissal Claim (Iriotakis v. Peninsula Employment Services Limited, 2021)
- How the COVID-19 pandemic will impact the length of an employee's common law reasonable notice period upon termination of their employment without cause. (Iriotakis v. Peninsula Employment Services Limited, 2021) On the one hand, it may be more challenging for dismissed employees to find a new job upon termination without cause during the pandemic, and they should arguably be entitled to a longer notice period. On the other hand, due to COVID-19 related business challenges, the revenue of many employers decreased, which required more employee terminations, and employers should arguably be required to pay less in severance. This presentation will explore these issues.
Learning about the above will contribute to ensuring competent HR practice. It should also make an HR professional more confident in advising management that in certain circumstances, the company may have legal exposure with respect to health and safety issues or increased common law notice to a wrongfully dismissed employee, in particular with regard to the reasonable notice period and bonus entitlement.
Marty Rabinovitch is a partner at DSF and heads the firm's employment law group. His practice focuses on representing clients with respect to all employment issues arising in the workplace, including human rights, bullying/harassment and disability cases. Marty regularly attends at the Superior Court, Human Rights Tribunal, the Ministry of Labour and the Labour Relations Board. Marty often speaks at employment seminars and participates in various media campaigns.