The Canadian Charter of Rights and Freedoms can have substantial implications in reinforcing privacy of Canadian employees. A recent decision highlights the importance of developing, implementing and administering rules and policies regarding technology used by employees.

A challenging issue that employers have faced during the pandemic is how to deal with cases of employees who voluntarily refuse to comply with employer health and safety rules and the related policies which organizations have adopted in response to the pandemic.

Ontario’s provincial government announced new legislation which will require employers to provide information on whether the employer electronically monitors its workers.

Helpful insights into the distinctions between those who are dependent vs. independent contractors

The requirements to prove “wilful misconduct” have been clarified in a recent decision from the Ontario Court of Appeal

Employees who are seconded are not able to “double collect” damages for both the termination of the secondment and the termination of the underlying employment relations.

Some of the concepts set out in these new rules have been supported by key platform economy companies, including Uber.

A recent Ontario court decision confirms, however, that the Act does not affect relevant agreements entered into prior to October 25, 2021.

The use of class actions for Canada employment law claims has traditionally been considered to be a tool used more in theory than in practice. Aa recent decision from the British Columbia Supreme Court, which granted a certification order to a group of employees who have lost work during the pandemic.

The COVID-19 pandemic has raised a host of novel issues, and one of the more challenging questions is whether or not an employer is required to continue to pay employees who are forced to self-isolate and are thus prevented from attending at work due to what are arguably circumstances beyond their control.

A recent decision from Ontario’s Court of Appeal provides a much-needed boost to employers who operate share incentive and stock options plans which have Canadian participants.

A recent Ontario Superior Court of Justice offers some hope that termination provisions in employment agreements may in fact be enforceable notwithstanding the decision in Waksdale.

The various legal challenges which Uber Technologies Inc. has faced in Canada and else have continued in recent months, with Ontario’s Superior Court of Justice deciding in August 2021 to certify a driver class action which focusses on whether or not Uber’s workers have been improperly misclassified as independent contractors.

A recent Canadian labour arbitration decision provides some comfort to employers who have adopted or may be considering mandatory COVID-19 testing for employees or others.

In 2020, the Canadian federal government introduced Bill C-11, which would introduce widespread changes to Canada’s privacy regime at the federal level.

Business and HR professionals have been focused on the various workplace issues, legal and otherwise, associated with the COVID-19 pandemic. While these issues are profound and will have lasting impacts, it is important to also recognize that work and workplaces are continuing to evolve in response to how society is changing more generally.

This legislation will create the Ontario COVID-19 Worker Income Protection Benefit which will be available until September 25, 2021.

Conflicts over masking rules have emerged in a variety of circumstances, with one challenge being that certain individuals have objected to wearing masks for “personal” reasons.

How will the pandemic affect the notice period which terminated employees are entitled to claim? From the employer perspective, the economic impact of COVID-19 is likely to be something which they will try to use to reduce the amount of their notice obligation.

What impact will the pandemic have on employee claims for reasonable notice? Will employees be able to claim more notice based on the current state of the economy? Or will employers be able to resist attempts to claim excessive or inflated notice periods?