Canada: Workplace Vaccination Policies: Where are we now?
In addition to provincial vaccination policy mandates issued for specific high-risk settings, the Ontario Government introduced an amended regulation on 24 August 2021, which now includes a requirement that businesses comply with any advice, recommendations, and instructions issued by public health officials about vaccination policies. In the wake of this amendment, many municipal health officials have issued directives and recommendations on the topic of workplace vaccination policies. At the same time, employers across all sectors have shown an increased interest in the development and implementation of vaccination policies for workers, contractors, volunteers, and clients alike. In this update we review the new legal requirements and outline practical issues that employers will want to consider when developing their own policies. » Read More
Canada: Acts of Misconduct and Poor Judgement Cumulatively Amount to Just Cause
In a recent decision, the Ontario Superior Court upheld the "for cause" termination of a fiduciary employee with no prior disciplinary record and 17 years of service, who engaged in a series of individual acts of misconduct, poor judgment, and dishonesty. The Court found that the individual acts were not enough to justify a summary dismissal in and of themselves. However, when considered together, the series of events was deemed sufficient not only to warrant a just cause termination at common law, but also enough to meet the higher standard for termination without notice under the Employment Standards Act, 2000. » Read More
Canada: Duplicative and Statute-Barred Proceedings: The Divisional Court Clarifies Dueling WSIAT Decisions
Employers can find themselves defending claims from the same aggrieved worker in multiple legal proceedings as a result of a new Divisional Court decision. The key takeaway from recent case law developments, is that a workplace accident can form the basis for benefits under the Workplace Safety and Insurance Act, 1997 (WSIA), as well as a parallel civil action for constructive dismissal and other damages, so long as the action is not a claim for the personal injury in disguise. This decision complicates the efforts of employers to avoid facing a multiplicity of proceedings. » Read More
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