Canada: Key Issues

  1. Labour Relations Board provides insight into statutory interpretation related to Infectious Disease Emergency Leave entitlements.
  2. Court of Appeal upholds just cause termination for single incident of workplace sexual harassment.
  3. Labour Board redefines what it means for a contractor to be a specialty scaffolding contractor, a major departure from prior rulings and a significant change to construction-related labour law.
  4. Public Health order mandating COVID-19 vaccinations supports decision to terminate employment.

Canada: New Insight into Statutory Interpretation Related to IDEL Entitlements

The paid Infectious Disease Emergency Leave (IDEL) provisions of the Employment Standards Act, 2000 should be interpreted in a manner consistent with the legislative purpose of paid IDEL — namely, to respond to the needs of employees and alleviate the disruption caused by the COVID-19 pandemic. » Read More

Canada: Court Upholds Just Cause Termination for Single Incident of Workplace Sexual Harassment

Court of Appeal decision affirms that even a single incident of workplace sexual harassment may amount to just cause for termination. However, Ontario's highest court has also signaled that, depending on the particular circumstances, employers may still owe termination pay under the Employment Standards Act, 2000 to employees who have committed such misconduct. » Read More

Canada: Labour Board Finds Specialty Contractors Can Play the Field

Recent decision redefines what it means for a contractor to be a specialty scaffolding contractor. This is a significant change for construction labour law, as it departs from the previous perception that a contractor must perform "nothing but scaffolding" to be considered a specialty scaffolding contractor. The decision also clarifies the difference between scaffolding tending work and general tending work. » Read More

Canada: Public Health Order Mandating COVID-19 Vaccinations Supports Decision to Terminate Employment

An employee was dismissed after she repeatedly refused to take a COVID-19 vaccine and indicated that she had no intention of ever becoming vaccinated. In response to her termination, the Union filed a grievance alleging unjust discharge. This grievance was dismissed by the arbitrator. » Read More

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