Ontario Extends COVID-19 Period to July 3, 2021
The Ontario government has updated its regulations under the Employment Standards Act, 2000 (“ESA”) to further extend Ontario’s “COVID-19” period to July 3, 2021. The previous extension was set to expire on January 2, 2021.
The COVID-19 period is found in Regulation 228/20, which contains measures that give employers the ability to implement temporary layoffs or wage reductions, without triggering a constructive dismissal under the ESA, in response to the pandemic. Instead, affected employees are placed on deemed infectious disease emergency leave for the duration of the COVID-19 period – now extended to July 3, 2021. McMillan’s employment group detailed the impact of Regulation 228/20 in August.
Take away
The further extension of the COVID-19 period provides additional relief for employers that have been required to reduce wages or lay employees off because of the pandemic. Employers who currently have employees on layoff, or who have reduced hours or reduced pay, can continue with the status quo. However, as we have previously advised, such employers should remain mindful that the standard layoff periods under the ESA will take effect in July 2021. Employers should continue to evaluate whether they will be in a position to recall or reinstate the previous terms and conditions of employment at that time.
by Kyle Lambert
A Cautionary Note
The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.
© McMillan LLP 2020
Insights (5 Posts)
FSRA Releases Final Innovation Framework and Opens Testing Environment for Auto Insurance Innovations
SRA recently announced their Final Innovation Framework and Test and Learn Environment Guidance, a positive step forward for financial services innovators.
Getting the Deal Through – Cartel Regulations 2022
Lexology Getting the Deal Through – Cartel Regulations 2022 provides a detailed explanation of how cartel regimes work in practice, including recent developments over the past year and an overview of future changes expected in each jurisdiction.
BC Government Published Workplace Safety Order Mandating COVID-19 Safety Plans
On January 20, 2022, the BC Government published the Workplace Safety order mandating COVID-19 Safety Plans for certain BC workplaces.
The 2022 Construction Labour “Open Period” – What Employers Need to Know
March 1 – April 30, 2022 is the “Open Period” for ICI collective agreements, and many non-ICI agreements, in Ontario. During this period members of construction unions can apply to the Ontario Labour Relations Board to terminate a union’s bargaining rights with their employer, or – more commonly – a rival union can apply to the Board to displace an existing union, in what is commonly known as a “raid”. During the Open Period employers will likely see increased union activity on sites as incumbent unions will seek to maintain member support, and as rival unions may try to gather support for a raid.
Join us on Wednesday, February 2nd for a discussion about what employers should expect and need to know if a decertification application or a displacement application involving their employees is filed at the Board.
PropTech: Property Technology, the New Frontier in Real Property, Part 3: Challenges
In this bulletin, we discuss the risks and challenges of using PropTech by businesses in the real estate space and for consumers of such products.
Get updates delivered right to your inbox. You can unsubscribe at any time.