How COVID-19 has affected Employment Law

TagsEmployment and HR Law for the COVID-19 Pandemic

COVID-19 has changed our world in profound and unprecedented ways. Employment and HR Law has been effected in almost immediate and uncommon ways with unexpected lay offs, terminations, temporary business closures, Employment Insurance benefit, Emergency Benefits for employees who don't qualify for E.I. benefits, sickness benefits, etc. These issues are changing rapidly and employers need…

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COVID-19 Layoffs and Employment and Emergency Benefits Available

TagsEmployment and HR Law for the COVID-19 Pandemic

With unprecedented layoffs in almost every industry and near-constant changes to the Employment Insurance Act and emergency legislation being implemented, below is a summary of benefits that are currently available to Canadians, have recently been updated and that will become available in short order to aid income losses during this time: Regular Employment Insurance Benefits:…

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COVID-19 – The Legality of Temporary Lay Offs

TagsEmployment and HR Law for the COVID-19 Pandemic

On March 20, 2020, Toronto employment lawyer Howard Levitt wrote an article for the Financial Post entitled, “Looking to temporarily lay off staff during the coronavirus crisis? Wait, that’s illegal”. While technically a correct interpretation of the common law regarding temporary lay offs, the article is also fundamentally irresponsible and people should really be hesitant…

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I think I need to layoff some of my employees because of the negative affect COVID-19 is having on my business. How do layoffs work in non-unionized work environments?

TagsEmployment and HR Law for the COVID-19 Pandemic

"I think I need to layoff some of my employees because of the negative affect COVID-19 is having on my business. How do layoffs work in non-unionized work environments?" A “layoff” is a temporary pause in employment that does not exceed 13 weeks in a 20 consecutive week period. If a layoff is longer than…

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Would an employee who has COVID-19 have a ‘disability’ and be protected under BC Human Rights Act?

TagsEmployment and HR Law for the COVID-19 Pandemic, Uncategorized

Would an employee who has COVID-19 have a ‘disability’ and be protected under BC Human Rights Act? The BC Human Rights Code provides that an employer must not refuse to employ, refuse to continue to employ or discriminate against an employee because of their: Race Colour Ancestry Place of origin Political belief Religion Marital status…

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Can an Employment Contract be Frustrated by Pandemic?

TagsEmployment and HR Law for the COVID-19 Pandemic

The Legal Implications of COVID-19 and section 65(1)(d) of the Employment Standards Act: Can an Employment Contract be Frustrated by Pandemic? One of the main principles of the Employment Standards Act (the “ESA”) is the legislated notice requirements that employees are entitled to be given upon a ‘without cause’ termination. The minimum reasonable notice periods…

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COVID-19 – Lay offs – For Employers – Federal Work Sharing Program

TagsEmployment and HR Law for the COVID-19 Pandemic

For Employers - Federal Work Sharing Program This program allows for eligible employers to avoid layoffs and retain skilled employees and workers during the uncontrollable business downturn resulting from COVID-19. Note that applications for a work-sharing agreement must be submitted a minimum of 30 days prior to the requested start date. This has not changed…

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COVID-19 – Lay Offs – For Employers -Assisting employees’ in unemployment through Supplemental Unemployment Benefit Plans

TagsEmployment and HR Law for the COVID-19 Pandemic

Considerations for Employers Laying Off Employees in Response to COVID-19 Pandemic If your business makes the decision that it has no option but to decrease its workforce in response to COVID-19 or the resultant economic effects, it is important to be aware that the standard laws surrounding lay-offs and termination (including notice periods or pay…

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COVID-19 – General – Symptom Reporting Requirements

TagsEmployment and HR Law for the COVID-19 Pandemic

As the ever fluid circumstances surrounding the global response to COVID-19 continue to evolve, below are some common questions which have arisen. Is it mandatory for Employees to self-isolate? If the Employee has travelled, both Federal and Provincial public health leaders have recommended that all travellers to Canada self-isolate for 14 days. These efforts will…

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