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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

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
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)

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
Novel Coronavirus (COVID-19)

Mandatory Mask or Face Covering By-Law Not a Clear Violation of Human Rights

Shreya Patel The Human Rights Tribunal of Ontario (“HRTO”) was recently asked to assess whether a mask by-law contravened the human rights of an individual who ref...
Apr 7, 2021
Novel Coronavirus (COVID-19)

Ontario Government Further Extends the “COVID-19 Period” Under the ESA

Shreya Patel The “COVID-19 period” was set to expire on January 2, 2021 and has now been extended to July 3, 2021.
Dec 18, 2020
Novel Coronavirus (COVID-19)

Arbitrator Upholds Employer’s Right to Impose Mandatory COVID Testing on Employees

Thomas A. Stefanik and Shreya Patel Everyone in society has been affected in different ways by the COVID-19 pandemic. Employers in particular have faced difficult challenges and have bee...
Dec 10, 2020
Torkin Manes LegalPoint

Increased Web Page Accessibility Requirements for Private and Non-Profit Organizations in Ontario Come into Effect in 2021 and AODA Accessibility Report Due Date Extended

Shreya Patel and Cameron McMaster The Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”) is a legislation designed to ensure that businesses, spaces and workplaces are mo...
Dec 1, 2020
Torkin Manes LegalPoint

If Employees Work Overtime, Employers Must Pay Despite Overtime Policies

Irv Kleiner and Shreya Patel In a recent class action proceeding which affected 31,000 CIBC customer service employees across Canada, the Ontario Superior Court of Justice has rul...
Oct 22, 2020
Torkin Manes LegalPoint

Temporary Wage Enhancements for PSWs and Direct Support Workers and Increase to Minimum Wage in Ontario

Irv Kleiner and Shreya Patel On October 1, 2020, the Government of Ontario announced that it would be providing a temporary wage increase for personal support workers (PSWs) and d...
Oct 2, 2020
Torkin Manes LegalPoint

Ontario Government Extends Lay-Off Periods and Provides Further Temporary Relief Under the ESA

Daniel Pugen and Shreya Patel With the stated goal of protecting jobs and businesses, the Ontario government has extended the timeline for when temporary lay-offs are deemed perman...
Sep 11, 2020
Torkin Manes LegalPoint

A Future and Remote Violation of the Employment Standards Act is Enough to Render an Employment Agreement Unenforceable

Shreya Patel In a recent wrongful dismissal case, the Ontario Superior Court of Justice held that a potential violation of the Ontario Employment Standards Act, 20...
Jul 20, 2020
Torkin Manes LegalPoint

Court of Appeal Rules that “Cause” Existed to Invalidate Without Cause Termination Provision

Shreya Patel In a recent decision, the Ontario Court of Appeal held that a “termination for cause” provision that violates the Ontario Employment Standards Act, 20...
Jun 19, 2020
Novel Coronavirus (COVID-19)

Temporary Pandemic Pay Order Issued Pursuant to Ontario Regulation 241/20

Irv Kleiner and Shreya Patel On April 25, 2020, the Government of Ontario announced that it would be providing frontline employees with temporary pandemic pay in recognition of th...
Jun 2, 2020
Torkin Manes LegalPoint

Demoted Long Service Employee Receives 28 Month Notice Period and Aggravated Damages

Shreya Patel In a recent decision, an employee was awarded 28 months of reasonable notice upon his constrictive dismissal. At the time of his dismissal, the employ...
May 22, 2020
Novel Coronavirus (COVID-19)

Ontario Provides Employers With Workplace Safety Guidelines As Workplaces Prepare To Re-Open

Shreya Patel On April 30, 2020, in partnership with the Ministry of Labour, Training and Skills Development, the Health and Safety Associations have released best ...
May 4, 2020
Novel Coronavirus (COVID-19)

Single-Employer Order Issued for Congregate Care Settings

Shreya Patel Similar to the Single-Employer Emergency Order for long term care and retirement homes, the Ontario Government has issued a new single-employer emerge...
May 1, 2020
Torkin Manes LegalPoint

Labour Board Clears The Road For Food Couriers to Unionize

Daniel Pugen and Shreya Patel The Ontario Labour Relations Board (the “Labour Board”) has ruled that Foodora couriers are dependent contractors and have the right to unionize. Unde...
Mar 4, 2020
Article

Workplace Policies That All Businesses Need

Peter C. Straszynski and Shreya Patel Ontario employers are required by law to have certain workplace policies in place at work.
Jan 17, 2020

Accommodating Service Animals and Emotional Support Animals in the Workplace

Shreya Patel and Peter C. Straszynski E-Alert The Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”) applies to all employers in Ontario. The AODA and its regulation...
Oct 31, 2019
Torkin Manes LegalPoint

Province of Ontario Introduces New Legislation to Cap Public Sector Wages

Shreya Patel E-Alert The Ontario Government has introduced new legislation that is entitled Bill 124, Protecting a Sustainable Public Sector for Future Generations Act, 20...
Jun 6, 2019
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