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  • Article

    Highest Court In Canada Says Substance, Not Form, Will Determine Independent Contractor Or Employee Status

    A recent Supreme Court of Canada (SCC) decision considered whether a franchisee who entered into a franchise agreement with a franchisor was an employee or an independent contractor
    United StatesEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Alberta, Canada Releases And Commences Three-Stage Open For Summer Plan

    On May 25, 2021, Alberta released its Open for Summer Plan (Opening Plan), which eases COVID-19 restrictions in three stages.
    CanadaCoronavirus (COVID-19)
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada Divisional Court Finds Group Home's Temporary Visitation Policy During Early Stage Of COVID-19 Did Not Discriminate Against Disabled Resident

    Residential care facility's visitation policy adopted in response to COVID-19 did not discriminate against a disabled resident
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada: HRTO Finds Employee Was Victim Of Repeated Acts Of Sex Discrimination In Poisoned Work Environment

    In A.B. v. C.D., 2022 HRTO 890, the Human Rights Tribunal of Ontario (HRTO) found that the applicant was a victim of discrimination on the basis of sex and that her work environment was poisoned...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada Appeal Court Confirms Employment Contract Frustrated By Employee's Refusal To Comply With COVID-19 Vaccination Policy Imposed On Employer By Third Party

    In Croke v. VuPoint System Ltd., 2024 ONCA 354, the Court of Appeal for Ontario (OCA) upheld the Superior Court of Justice – Ontario (SCJ)'s summary judgment decision that an employee's refusal to comply...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Another Arbitrator Considers Interaction Between Canada Labour Code Leave Entitlements And Other Leave Entitlements

    In Teamsters Local Union 987 of Alberta v Purolator Inc., 2024 CanLII 21937 (CA LA), an arbitrator dealt with a clash between the amount of leave days under a unionized employer's collective agreements (CA) and the leave entitlements under the Canada Labour Code...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada Issues Guidance On Proof Of Vaccination Status For Patrons Of Restaurants And Other Select Businesses And Organizations

    On September 14, 2021, Ontario released Regulation 645/21 and a guidance document, which provide support to businesses and organizations in the implementation of their vaccination requirements...
    CanadaCoronavirus (COVID-19)
    Littler - Canada
    Littler - Canada
  • Article

    Canadian Government Provides Guidance On LEEFF Program

    The federal government first announced its Large Employer Emergency Financing Facility (LEEFF) program on May 11, 2020.
    CanadaGovernment, Public Sector
    Littler - Canada
    Littler - Canada
  • Article

    British Columbia Pay Transparency Regulation Provides Information On Preparing Pay Transparency Reports

    By way of Order in Council approved and ordered on October 23, 2023, British Columbia's Pay Transparency Regulation (Regulation) was made. The Regulation provides information...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    British Columbia Requires Masks In Indoor Public Settings Once Again

    On August 25, 2021, British Columbia announced that pursuant to an Order of the Provincial Health Officer, masks will again be required in all public indoor settings for those age 12 and older.
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario's New Administrative Monetary Penalty System Under The OHSA

    Effective January 1, 2026, Ontario introduces a major enforcement change under the Occupational Health and Safety Act (OHSA): the Administrative Monetary Penalty (AMP) regime.
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada: Entitlement To Benefits For Stress Under The WSIA May Bar Constructive Dismissal Claims For Bullying And Harassment

    Since January 1, 2018, section 13(4) of the Workplace Safety and Insurance Act (WSIA) has provided for entitlement to workers' compensation benefits for chronic and traumatic stress.
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    The Global Guide Quarterly (Quarter 4, 2024)

    Effective December 7, 2024, the Australian Government replaced the Temporary Skills Shortage visa (subclass 482) with a new Skills in Demand visa.
    GlobalEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada Appeal Court Affirms Finding That Midwives Were Underpaid Due To Gender Discrimination

    In Ontario (Health) v. Association of Ontario Midwives, the Court of Appeal for Ontario (OCA) was satisfied with the reasonableness of the Human Rights Tribunal of Ontario's (HRTO) finding that the Ministry of Health (MOH) subjected midwives to pay discrimination on the basis of gender...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Canadian Employers And The Coronavirus

    At the time this Insight was prepared, there were eight reported cases of the coronavirus in Canada; three are in Ontario and five in British Columbia.
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Canada Emergency Wage Subsidy: Duration Extended, New Groups Eligible, And Legislative Amendments Proposed

    On May 15, 2020, the Canadian federal government announced several actions relating to the Canada Emergency Wage Subsidy (CEWS) program.
    CanadaCoronavirus (COVID-19)
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada: New COVID-19 Guidelines Released For Fully Immunized And Previously Positive Individuals

    On August 11, 2021, in the context of the vaccine roll-out and emerging COVID-19 variants of concern, Ontario released COVID-19 Fully Immunized and Previously Positive Individuals...
    CanadaCoronavirus (COVID-19)
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada Appellate Court Provides Guidance To Employers On How To Draft Employment Settlement Documents

    In Preston v. Cervus Equipment Corporation, 2024 ONCA 804, the Court of Appeal for Ontario (OCA) found that Minutes of Settlement and a Release and Indemnity...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Ontario, Canada Arbitrator Finds Three-Dose Mandatory Vaccination Requirement Reasonable In Long-Term Care Homes

    In Regional Municipality of York v Canadian Union of Public Employees, Local 905 (Long Term Care Unit), 2022 CanLII 78173, Arbitrator Stephen Raymond decided that a mandatory vaccination policy (Policy)...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada
  • Article

    Saskatchewan, Canada: Court Considers Effect Of Re-hired Employee's Voluntary Interruption In Employment On Calculation Of Reasonable Notice

    In Hetherington v Saskatchewan Liquor and Gaming Authority, 2020 SKQB 110, the Queen's Bench for Saskatchewan considered the impact of an employee's voluntary interruption of employment...
    CanadaEmployment and HR
    Littler - Canada
    Littler - Canada

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