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Archives for January 2022

By SpringLaw | 3 Minutes Read January 12, 2022

The impact of the pandemic on termination entitlements

As the pandemic continues, and as we see more court decisions that analyze terminations that took place during the pandemic, we are gaining some clarity on how courts are viewing the impact the pandemic has had on a variety of factors.

Article by SpringLaw / Payroll / aggravated and punitive damages, Canada Emergency Response Benefit CERB, employment law, mitigation efforts, notice period, pandemic, temporary layoff, termination, termination entitlements

By Rudner Law, Employment / HR Law & Mediation | 4 Minutes Read January 7, 2022

Accommodating needs, not preferences

The circumstances that an employer must accommodate continue to expand. After all, the workplace is no longer what it used to be. So, where does the duty to accommodate come from?

Article by Rudner Law, Employment / HR Law & Mediation / Human Rights / accommodation, Canadian Human Rights Act, COVID-19, COVID-19 vaccine, duty to accommodate, employment law, human rights code, modified duties, modified hours, physical barriers, remote work, undue hardship

By Apolone Gentles, JD, CPA,CGA, FCCA, Bsc (Hons) | 3 Minutes Read January 5, 2022

The right to disconnect and IT departments

right to disconnect

The right to disconnect refers to an employee’s right to disengage from work-related communications and other work outside of their normal working hours. Ontario enacted changes to the Employment Standards Act, 2000 (ESA) to enforce this right in organizations with 25 or more employees. The changes received royal assent on December 2, 2021, and require compliance by June 2, 2022.

At first blush, the right to disconnect may appear to be a labour and employment issue. However, IT departments will have significant roles to play in enabling compliance with the letter and spirit of the new requirements.

Organizations will be looking to their IT departments to implement technological or automated solutions. Employers around the globe have implemented solutions including the following, to comply with legislated or voluntary right to disconnect policies:

  1. Taking mail servers offline after business hours. Anyone emailing the organization receives an automated message that the server is
… Continue reading “The right to disconnect and IT departments”

Article by Apolone Gentles, JD, CPA,CGA, FCCA, Bsc (Hons) / Employment Standards, Information Technology / Duty of care, email, employment law, Human Resources, information technology, IT department, policies, right to disconnect

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