Employment 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:…

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…

"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…

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…

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…

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…

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…

If an employee contracts COVID-19 while at work, it would likely be considered a work-related injury which would be covered by the Workers Compensation Act and administered through WorkSafeBC. The nature of COVID-19 and the fact that symptoms may not develop for a considerable period may make it difficult to assess whether the employee was…

In these unprecedented times, many employers are faced with unexpected closures of rapid downturns in business that unfortunately requires a decision to lay off or terminate employees. Employers can find other articles on the means and process of termination on our website here. This article will explore the risks and requirements of employers facing the…