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The Tribunal Administrative Records Act: Application of the Open Court Principle to Administrative Tribunals and Its Impact on Bringing Employment Matters Before Adjudicative Bodies
Monthly Archives

July 2020

The Tribunal Administrative Records Act: Application of the Open Court Principle to Administrative Tribunals and Its Impact on Bringing Employment Matters Before Adjudicative Bodies

By Employment Law

Under the “open court” principle, the public presumptively has access to court proceedings and records, and such access is viewed as vastly important. The application of the principle means that anyone seeking to deny such access to court proceedings and records must prove extraordinary circumstances. The principle is based on the assumption that public confidence in the court system and understanding of the administration of justice requires openness and publicity. Further, it is necessary to ensure freedom of expression, as the public and the media must be able to speak openly about court proceedings and the justice system. As such,…

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Responses to COVID-19 in the Context of Employment – the Employment Standards Amendment Act (Infectious Disease Emergencies), 2020

By Employment Law

COVID-19 and its impact on society are significant and unprecedented. In many parts of the world, society has essentially been put on pause – social distancing requiring many areas to temporarily close all inessential services. This has had a substantial impact on many employment situations, as all those who can work at home are strongly encouraged or required to do so. In the name of public health and safety, many businesses are closed and/or losing significant income, resulting in layoffs and terminations, and many people are quarantined due to potential exposure to the virus. Governments have had to respond quickly…

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Changes to Infectious Disease Emergency Leave

By Employment Law

The Government of Ontario recently created a new regulation under the Employment Standards Act, 2000 (the “ESA”) in furtherance of its efforts to control and minimize the impact of the COVID-19 pandemic on employment. The new regulation deals with “infectious disease emergency leave” and affects whether non-unionized employees have been terminated or constructively dismissed under the ESA in certain situations. Generally, when an employee is laid off for a period longer than a temporary layoff, as defined by the ESA, he or she is considered to have been terminated for the purposes of the Act. In such cases, the employee…

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COVID-19, Mass Layoffs & Wage Reductions, Forced Resignation, and EI Applications

By Employment Law

The recent global pandemic COVID-19 has led to a significant slowdown in Canada’s economy. In light of the ongoing financial stress and anticipated recession faced by many consumer-based businesses like restaurants, retailer stores, and airline companies, many employers have decided to downsize their workforce and lower salary standards indefinitely. In this dilemma between staying with current employers and finding alternative jobs with higher compensation, employees often fear that resigning from their current job with reduced pay will disqualify them from EI entitlement, making their lives even harder by starting a job search without any sources of income. Employment Insurance Act…

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