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Human Resources

Working safely from home

What are the employer’s obligations to an employee when an employee is not working in the office? With so many employees now working from home, employers’ health and safety obligations need to be reexamined.

 

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Layoffs and alternatives – Curtailing operations in response to COVID-19

The COVID-19 pandemic continues to have rapid and far-reaching effects on Canadian workplaces. In this article, we answer those questions for Ontario, British Columbia, Alberta and Quebec. In all cases, please be advised that different considerations may apply under the terms of a collective agreement, if applicable.

 

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COVID-19: What a difference a month makes

In over 30 years I have never seen one topic dominate my employment law practice like COVID-19 has over the last three weeks. Some Ontario businesses have gone from working at 100% capacity to 0% because the Ontario government has declared these businesses as non-essential and working remotely is not possible.

 

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Substitution of public holidays: An unusual option for unusual times

public holiday on non-working day

As most employers know, Ontario recognizes nine public holidays every year. The majority of employees are entitled to take these public holidays off work and receive public holiday pay. Most employees who actually work on these days are entitled to receive premium pay (equal to time and a half wages), in addition to public holiday pay.

 

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Alberta employers can now use and maintain electronic employment records: Amendments to the Electronic Transaction Act General Regulation

Recent amendments to the Electronic Transactions Act General Regulation remove restrictions on employers’ use of electronic signatures and storage of electronic documents.

 

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Saskatchewan enacts public health emergency leave

On March 17, 2020 the government of Saskatchewan introduced and passed amendments to The Saskatchewan Employment Act. The primary focus of these amendments is the enactment of a new form of leave called “public health emergency leave” for provincially-regulated employees.

 

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Family status accommodation requests: How far do employers need to go?

The human rights landscape in Ontario has been fraught with differing legal standards and understandings of what an employer’s legal obligations are regarding family status accommodation.

 

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Client alert: Remote work, data breaches and cybersecurity considerations during COVID-19

As businesses adapt to the “new normal” of extreme uncertainty caused by the COVID-19 pandemic, countless employees are faced with the prospect of working remotely in a variety of new (and sometimes less-than-secure) environments. Cybercriminals have taken notice.

 

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Supreme Court of Canada cracks open the door for international human rights tort claims in Nevsun Resources Ltd. v. Araya

Although the majority decision in this case does not definitively establish the existence of torts based on international human rights violations in Canadian courts, the reasons represent a significant leap in judicial thinking on the responsibilities and liability of Canadians corporations who operate internationally in jurisdictions where human rights abuses may occur.

 

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Starting an investigation when no one asked (or wanted) you to

Somewhere between going on an ill-advised “fishing expedition” and commencing a clearly defined investigation of a formal complaint, lies a grey area rife with uncertain legal obligations and sticky situations.

 

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COVID-19: Federal job-protected leave under Canada Labour Code announced

As an emergency response measure, the federal government has introduced up to 16 weeks of unpaid, job-protected leave under the Canada Labour Code for federal employees who are “unable or unavailable to work for reasons related to COVID-19”.

 

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Federal COVID-19 aid package: The 10 percent wage subsidy and the Canada Emergency Wage Subsidy

April 1, 2020, the federal government released further details of the much anticipated Canada Emergency Wage Subsidy program. The program is to help businesses keep and return workers to their payroll through the challenges posed by the COVID-19 pandemic.

 

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Legal issues in the post corona era

Right now employment lawyers are talking, debating and especially ZOOMING about various employment issues that have arisen since this pandemic started.

 

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Privacy Commissioner of Canada releases guidance on privacy and the COVID-19 outbreak

On March 20, 2020, the Office of the Privacy Commissioner of Canada issued guidance to help organizations subject to federal privacy laws understand their privacy-related obligations during the COVID-19 outbreak. The assistance comes as the outbreak raises questions about privacy issues during a pandemic.

 

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Remote work considerations: An employer’s guide

As the world manages its way through the current COVID-19 global pandemic, employers are required to act quickly to implement remote work arrangements.

 

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