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Employment Law Toronto

Does Refusing to Follow the Vaccine Policy Allow My Employer to Terminate Me for Just Cause?

By Employment Law, Just Cause

Most workplaces have now implemented a COVID-19 vaccination policy that requires their employees to be fully vaccinated and provide proof of vaccination. However, a significant portion of workers has shown resistance to becoming vaccinated. In response, employers have taken various measures to enforce the vaccination policy – one of them being, terminating those who refuse to take the vaccine or disclose their proof of vaccination with just cause.  What is just cause for termination?  Just cause in the employment context means that an employee has done something that gives the employer a right to dismiss the employee immediately. When there…

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Employment Law Toronto

Is “Automatic Termination” in a Mandatory Vaccination Policy Enforceable?

By Employment Law

Background and Decision A recent decision by Arbitrator Misra held in favor of the union Healthcare, Office and Professional Employees Union, Local 2220. The employer Chartwell Housing Reit introduced a mandatory vaccination policy which included their right to terminate employees who refused to comply. The Arbitrator held that the policy was unreasonable and took the following provisions of the collective agreement between the employer and employee into consideration. The first relevant provision was that an employer must discuss changes with the union prior to making any meaningful change to workplace rules. The second relevant provision was that working conditions, benefits,…

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The Power Workers Union Covid-19 Vaccine Policy | De Bousquet PC, Barristers and Solicitors

The Power Workers Union Covid-19 Vaccine Policy

By Employment Law

Mandatory Vaccination Policies Must Be Reasonable The Power Worker’s Union (“PWU”) has won a victory for unions seeking to challenge employers’ mandatory vaccination policies. On November 11, 2021 Arbitrator Stout found that aspects of the Electrical Safety Authority’s (“ESA”) mandatory covid-19 vaccination policy to be unreasonable in the circumstances. This decision comes only two days after Arbitrator von Veh upheld a similar vaccination policy in United Food and Commercial Workers Union, Canada Local 333 v. Paragon Protection Ltd. (Paragon) that had been implemented at Paragon Protection Ltd. There are key findings in Arbitrator Stout’s decision that will inform future attempts…

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What You Need to Know about Ontario’s New Labour and Employment Laws | De Bousquet PC, Barristers and Solicitors

What You Need to Know about Ontario’s New Labour and Employment Laws

By Employment Law

Bill 27, the Working for Workers Act, has passed in the Ontario Legislature. The Act will reform several statutes of Ontario, including the Employment Standards Act (ESA). Most importantly, the Ontario Government has changed the rules surrounding work-related communications after working hours, and a new ban on most non-compete agreements. Disconnecting From Work The last 2 years have seen a huge increase in the number of workers working from home. To curb the encroachment of work on people’s lives, Ontario has also passed a new provision that requires employers to write and implement policies on “disconnecting from work”. Disconnecting from…

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Ontario Superior Court Issues First Interim Injunction of its Kind Against UHN Vaccine Mandate | De Bousquet PC, Barristers and Solicitors

Ontario Superior Court Issues First Interim Injunction of its Kind Against UHN Vaccine Mandate

By Employment Law

Update: On the afternoon of Friday, October 29, Justice Dunphy of the Ontario Superior Court of Justice lifted the temporary injunction that had paused the termination of a group of unvaccinated employees at UHN. Justice Dunphy held that the Court did not have the jurisdiction to grant the relief sought by the claimants. In his decision, he held that the unions alone had the authority to bring a claim of this nature and that the dispute should be heard through the labour relations system. Though this update answers some questions about the jurisdiction of the Court where unions are involved,…

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How much is a Good Severance Package?

By Employment Law

TLDR: It’s complicated. Long answer: It is a commonly held belief that you calculate an employee’s Common Law Notice (commonly referred to as severance, though that has a separate legal meaning) as one month’s salary for each completed year of service. This belief is incorrect. Common-Law Notice is far more complex than that, and the answer to what a person is entitled to can be a shock. What is considered appropriate changes not only due to the person’s age, job, experience, length at that job, previous jobs, education, health, but also the state of the world. It is important to…

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Have You Been Temporarily Laid Off Due to COVID? We Might Be Able to Help

By Employment Law

The last year and a half have brought pain and suffering for many. Whether it was losing your job, falling ill, or just adjusting to the harsh reality that is the new “normal,” we have all struggled. This is especially true for those people who have been laid off due to the repeated shutdowns, emergency orders, and changing landscape of society. But, unfortunately, some employers used this period of uncertainty and the COVID-19 pandemic as a carte-blanche to engage in some questionably legal practices. What is Constructive Dismissal? At a very basic level, constructive dismissal is when an essential term…

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What Happens if My Employer Ends My Employment Contract Early?

By Employment Law

You are likely entitled to compensation and/or damages. How much depends on the type of contract. There are two types of employment contracts. Indefinite Term – This is the most common type. The length of the contract is indefinite; it will continue until either the employee or employer ends it. Most employment is this type. Fixed Term – This is a contract for a fixed amount of time, such as one year. The contract will often have a termination clause that sets out how much an employee is entitled to if the contract is terminated. As with most things, Courts…

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How to Protect Yourself When Hiring a Home Renovation Contractor

By Employment Law

Planning for a home renovation is an exciting milestone in one’s life. However, it can turn into a great source of stress both financially and mentally if it is not planned well. Despite the substantial financial burden that comes with starting a renovation project, the decision-making process is often the hardest and the most critical step along the way. After all, that is what determines what the result of the renovation is. Having a contractor by your side can help you immensely through this journey. It is crucial to find a contractor that is a good fit for you and…

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Preventing Discrimination Based on Genetic Information

By Employment Law

We live in a time of rapid technological advancements, and that includes the field of biotechnology. As services that provide commercial genetic screening become more widespread and affordable, peoples’ genetic information is becoming more accessible. This information includes genetic predispositions to physical characteristics, personality traits, and disorders, to name a few. Unfortunately, this opens up the possibility of people being assessed and responded to based on their genes.  Federal and provincial governments are aware of this possibility. They have begun taking steps to protect people from discrimination based on their genetic characteristics. In Ontario, Bill 40, the Human Rights Code…

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Former Shell Executive gets $800,000 for Wrongful Dismissal

By Employment Law

In Alberta, a former Shell Canada executive was found to have been wrongfully dismissed, and was awarded an impressive $800,000. The Facts Kathryn Underhill was a Vice President for Shell Canada for 18 months, and had worked at Shell Canada for nearly 17 years before becoming an executive. In 2015, the oil industry in Alberta was doing poorly, as oil prices were falling rapidly. Consequently, Shell decided to look for ways to save money. Underhill was instructed by Lorraine Mitchelmore, President of Shell, to find savings of $100 million from her department’s budget. On August 19, 2015, Underhill met with…

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