On October 6, 2021, the Government of Canada announced two measures to reduce the spread of COVID-19. The government announced (1) a vaccination mandate for the federal public service and (2) a vaccination mandate for federally regulated travel by “air, rail, and marine transportation.”
In Rahman v Cannon Design Architecture Inc., the Ontario Superior Court of Justice upheld termination provisions that appeared to be in violation of the minimum standards prescribed by the Employment Standards Act, 2000 (ESA). This decision represents a positive development for Ontario employers.
On August 31, 2021, the Government of Ontario extended the period for the province’s paid infectious disease emergency leave (IDEL) entitlement from its original expiration date of September 25, 2021, to December 31, 2021.
Canadian voters will be going to the polls for a federal general election on September 20, 2021. For employers, this means certain rules under the Canada Elections Act will apply on Election Day. Most importantly, employers must ensure that qualified electors (Canadian citizens 18 years of age and older) are guaranteed a period of time free from work to vote while polls are open.
In its recent ruling in Hawkes v Max Aicher (North America) Limited, 2021 ONSC 4290, the Ontario Divisional Court ruled on an application for judicial review that the entire payroll of an employer that terminates the employment of an Ontario-based employee should be used to determine whether the employer’s payroll is at least $2.5 million per year, and therefore whether severance pay may apply. This decision reversed a ruling from the Ontario Labour Relations Board (OLRB) that was based on previous case law finding that only an employer’s Ontario payroll was considered for the severance pay threshold.