Throughout 2021, employers continued to grapple with the
challenges posed by the COVID-19 pandemic. As a result, employers
may not have been focused on workplace
priorities unrelated to COVID-19. In the
circumstances, we have prepared a list of key, non-COVID, action
items for employers to focus on in early 2022. These action items
are detailed below, along with an overview of the relevant
issues.
Employment Agreements
Non-Competes - Review Templates and Amend Agreements Entered
into After October 25, 2021 (If Necessary)
Issues:
In December 2021, the Ontario Employment Standards Act,
2000 (the "ESA") was amended by Bill 27 to
prohibit employers from entering into non-compete agreements with
employees, effective October 25, 2021. As a result, any non-compete
agreement entered into between an employer and
employee after October 25,
2021, is now void and unenforceable. Non-compete agreements entered
into before October 25, 2021
are not affected Bill 27, as
