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Ontario Superior Court Finds Entitlement To Discretionary Bonus During Common Law Notice Period

Wednesday, March 03, 2021 - Filed in: Courts
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As many of . . . readers are aware, the Canada Labour Code, R.S.C., 1985, c. L-2 (the "Code") governs the operations of federally regulated companies. It is not often that an Ontario court reviews the enforceability of a termination provision under the Code. Despite this, in a recent decision, the Ontario Superior Court reviewed the enforceability of a termination provision and clarified whether an employee was entitled to receive payment of a discretionary bonus following the termination of their employment. Read More...

Big Question For Canadian Employers In 2021: Can They Require Employees To Be Vaccinated?

Wednesday, January 27, 2021 - Filed in: General Interest
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In March 2020, the world was devastated as it faced an unforeseeable reality: the World Health Organization announced that a deadly pandemic was rapidly spreading throughout the globe. The immediate questions facing Canadian employers were whether they would be permitted to operate in this dangerous circumstance and, if so, how they could prevent their workplaces from becoming hotbeds of COVID-19 transmission. Before long, “remote work” became the way of the world; businesses not suited to it were fighting desperately for their economic survival. During lockdowns of significant duration, only workplaces that provide essential services were permitted to remain open.

Meanwhile, COVID-19 vaccines were developed in record time. Canada announced that the Pfizer and Moderna vaccines met Health Canada's requirements on December 9, 2020, and December 23, 2020, respectively; additional vaccine approvals may soon be announced.

With this progress, 2021 brings new questions for Canadian employers; the most challenging of all is whether, in the unprecedented circumstance of a global pandemic, they can require their employees to be vaccinated. To date, the federal government and provincial governments have not mandated vaccination and they are unlikely to do so. Prime Minister Trudeau promised all Canadians that they could be vaccinated by September 2021 but only if they wanted to. Furthermore, we do not have existing case law addressing the mandatory vaccination of employees in the context of a global pandemic. Any existing case law relates only to mandatory flu vaccination programs in a unionized context in hospitals and long-term care homes and these decisions are inconsistent. Read More...