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Torkin Manes LegalPoint

Arbitrator Upholds Mandatory Vaccination Policy in Retirement Home

Irv Kleiner The Employer in this case is a retirement home that is regulated by the Retirement Homes Act. The issue before the Board in Extendicare Lynde Creek R...
Apr 5, 2022
Torkin Manes LegalPoint

Disconnecting from Work Policy – Government of Ontario Provides Guidance

Gillian Howe On December 2, 2021, the Government of Ontario enacted Bill 27, Working for Workers’ Act, 2021, which, amongst other legislative changes, amended the ...
Mar 3, 2022
Torkin Manes LegalPoint

Working for Workers Act – Take Two

Daniel Pugen On February 28, 2022, the Government of Ontario introduced major changes to workplace legislation via Bill 88. This follows up on the government’s Wor...
Mar 1, 2022
Torkin Manes LegalPoint

Statutory Ban On Non-Competition Clauses Does Not Apply To Agreements Entered Into Prior to October 25, 2021

Daniel Pugen and Shreya Patel The Ontario Government recently passed the Working for Workers Act, 2021. This legislation amended the Employment Standards Act, 2000 to prohibit non...
Feb 17, 2022
Torkin Manes LegalPoint

Arbitrator Strikes Down Employer’s Automatic Termination Provision In A Mandatory Vaccination Policy

Irv Kleiner and Shreya Patel In a recently released arbitration award, Arbitrator Misra held that a mandatory vaccination policy, which included the right of the Employer to termi...
Feb 8, 2022
Torkin Manes LegalPoint

Being Placed On An Unpaid Leave of Absence Is Not A Denial of Seniority Rights

Irv Kleiner and Shreya Patel A recent arbitration award by Arbitrator Norm Jesin has affirmed an employer’s ability to enforce a vaccination policy that requires employees to disc...
Jan 14, 2022
Torkin Manes LegalPoint

Update: Ontario Passes the Working for Workers Act, 2021

Gillian Howe The Ontario Government has passed the Working for Workers Act, 2021, which in addition to changes to other statutes, includes unique amendments to the...
Dec 2, 2021
Torkin Manes LegalPoint

Are Employees Entitled to Sick Pay When Self-Isolating? Arbitration Award Provides Guidance

Shreya Patel In a recent Arbitration Award, Arbitrator Jesin addressed the issue of whether and when employees who are required to isolate because of possible expo...
Nov 29, 2021
Novel Coronavirus (COVID-19)

When is a Mandatory Vaccination Policy Reasonable? Arbitration Award Provides Additional Guidelines

Shreya Patel In a recent Arbitration Award, Arbitrator Stout provided further guidance on vaccination policies in the course of balancing the legitimate interests...
Nov 25, 2021
Torkin Manes LegalPoint

Mandatory Vaccination Policy Rejected by Arbitrator. What Does This Mean for Employers?

Irv Kleiner On November 10, 2021, we informed our readership of an arbitration award between UFCW and Paragon Security, in which Award Arbitrator Fred von Veh uph...
Nov 12, 2021
Torkin Manes LegalPoint

Mandatory COVID-19 Vaccination Policy Upheld by Arbitrator

Irv Kleiner In an arbitration between the UFCW (the "Union") and Paragon Security (the "Employer”), the Union grieved the Employer’s implementation of a mandatory...
Nov 10, 2021
Torkin Manes LegalPoint

Ontario Government Seeks to Protect Workers by Proposing Unique Changes to Employment Standards Legislation

Daniel Pugen Every Provincial Government seeks to enact reforms to labour and employment legislation. However, usually those reforms deal with traditional minimum ...
Oct 26, 2021
Torkin Manes LegalPoint

Refusal to Vaccinate: Disentitlement to EI Benefits and “Just Cause”

Peter C. Straszynski In past articles, we have addressed an employer’s right to introduce mandatory vaccination policies in the workplace. The introduction of such a polic...
Oct 22, 2021
Torkin Manes LegalPoint

Ontario Human Rights Commission on Vaccination Exemptions: “Personal Preferences” and “Singular Beliefs” Against Vaccination not Protected by Human Rights Legislation

Peter C. Straszynski In past articles, we have emphasized that mandatory vaccination policies in the workplace are generally permissible, subject to legitimate objections ...
Sep 22, 2021
Torkin Manes LegalPoint

Open Toronto Businesses Must Have a COVID-19 Vaccination Policy

Peter C. Straszynski Many of our clients have been inquiring about the implementation of workplace vaccination policies.
Aug 27, 2021
Novel Coronavirus (COVID-19)

Mandatory Vaccination and Your Workplace

Peter C. Straszynski With the distribution of the COVID-19 vaccine well underway, many Canadian employers are thinking about introducing vaccination policies into their wo...
Aug 24, 2021
Novel Coronavirus (COVID-19)

“COVID-19 Period” Extended Again Under the ESA

Shreya Patel In response to the ongoing pandemic, on May 29, 2021, the Ontario government passed a new Regulation that again extends the timeline when temporary la...
Jun 8, 2021
Novel Coronavirus (COVID-19)

Infectious Disease Emergency Leave and Wrongful Dismissal

Peter C. Straszynski Ontario employees on temporary layoff (or on reduced hours) due to COVID-19 are currently deemed to be on Infectious Disease Emergency Leave (“IDEL”) ...
May 3, 2021
Novel Coronavirus (COVID-19)

Ontario Government Mandates Paid Sick Leave

Daniel Pugen The Ontario Government has passed Bill 284, “COVID-19 Putting Workers First Act, 2021”. This bill amends the Employment Standards Act, 2000 (“ESA”) an...
Apr 30, 2021
Novel Coronavirus (COVID-19)

Business Closure Order for Peel and Toronto

Shreya Patel Toronto Public Health and Peel Public Health have issued an order under Section 22 of the Health Protection and Promotion Act requiring business in Pe...
Apr 23, 2021

Motivating employees: There is another way

Torkin Manes Focus - Spring 2011
Apr 22, 2021
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