Employment and HR Law for the COVID-19 Pandemic

By: Nikita Gush, Associate Lawyer at Doak Shirreff Lawyers LLP Employers have a duty to protect the workplace health, safety, privacy, and human rights of their employees. As our province begins to “restart” it is important for employers to consider the responsibilities they have while they re-open and restart their business operations. As you may…

Business Matters with Rob Cupello Click below to watch our Business Matters session with Rob Cupello of NowMedia Group. Click to Watch   Resources: ALL the COVID-19 Federal and Provincial Benefits & Resources for Individuals in Canada and British Columbia Provincial and Federal Benefits PDF

Last week the federal government released further details on CECRA and how it would assist commercial tenants and landlords. Commercial rent is under the jurisdiction of the provinces and both the federal and provincial governments will contribute to this relief program; in B.C. the total amount available will be around $300 million with the provincial…

If your business has been affected by Covid-19 you need to consider the following. Read Your Lease You should always read your lease first, or have a lawyer assist you in reading your lease. Commercial leases are similar in that they are always favourable to a landlord and they will contain key provisions to protect…

What Has Changed? The provincial government issued an emergency order at the end of March regarding residential tenancies in BC. The order has placed a ban on all evictions except in very narrow circumstances. If a landlord gives a tenant a notice to evict on or after March 30, 2020 it is of no force…

Details will soon be announced for further amendments to the new Canada Emergency Response Benefits (CERB) to fill in the gaps of individuals experiencing income loss who were still otherwise ineligible for the program. The CERB benefit was designed to provide income support of $2,000 per month for 4 months to those individuals who suffered…

Both the Federal government and provincial government in British Columbia are implementing new programs in effort to develop an economic response plan to the detrimental effects COVID-19 will ultimately have on our economy. Due to the ever-evolving nature of the COVID-19 pandemic, government programming has been fluctuating and changing on an almost day-to-day basis. Therefore,…

The outbreak of Covid-19 has put tremendous pressure on everyone and has thrown several contracts into uncertainty. If you have a contract to buy or sell property, or if you are thinking of entering into a contract, keep the below points in mind, and reach out to one of the real estate lawyers at Doak…

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…

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…

Some employees who have been travelling back to Canada from abroad, including the United States are required to self-quarantine for a period of 14 days under mandate from the federal government. Other employees, who have travelled recently from Italy, certain Chinese provinces and Iran are required to not only self-quarantine, but also required to report…

Like in most employment law contexts, the answer depends. Some employees are unable to refuse to work on health and safety grounds like a pandemic such as COVID-19 – these employees include firefighters, police, hospital and long-term health care workers as their employment is inherently dangerous and required to deal with such risk. Other employees…

The recent worldwide COVID-19 pandemic is affecting businesses everywhere. Whether it is mandatory or recommended closures, limited hours, skeleton staffing, or temporary or indefinite layoffs – everyone is, or will be, impacted by the COVID-19 outbreak. The various rights and obligations of employers and employees alike remain in full force and are not deferred from…