Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

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Ontario: Court of Appeal Decision on Calculating Reasonable Notice

Precedential Decision by Judiciary or Regulatory Agency

Authors: Monty Verlint, Partner and Rhonda B. Levy, Knowledge Management Counsel – Littler Canada

The recent decision of the Ontario Court of Appeal in Manthadi v. ASCO Manufacturing, 2020 ONCA 485, analyzed the common law approach to the calculation of reasonable notice when a vendor terminates a worker’s employment in an asset purchase transaction, the employee signs a release and is hired by the successor employer, and the successor then terminates the employee’s employment. The decision indicates that the employee’s past service with the vendor may be a factor in the reasonable notice calculation, which involves weighing the experience the employee brings to the successor employer and does not involve “stitching together the employee’s two terms of service.” Furthermore, Manthadi establishes that in the context of an asset purchase transaction, when an employee releases the vendor from all liability in connection with the employee’s employment, the employee will not be disentitled from making a wrongful dismissal claim against the successor, however other factors relating to the release may be relevant.

Supreme Court of Canada: Constitutionality of Challenged GNDA Provisions

Precedential Decision by Judiciary or Regulatory Agency

Authors: Monty Verlint, Partner and Rhonda B. Levy, Knowledge Management Counsel – Littler Canada

On May 4, 2017, the federal government enacted the Genetic Non-Discrimination Act, SC 2017, c 3 (GNDA). On July 10, 2020, in Reference re Genetic Non-Discrimination Act, 2020 SCC 17, the Supreme Court of Canada (SCC) rendered a split decision (5-4) holding that specific sections of the GNDA were constitutional because they were within the jurisdiction of Parliament over criminal law. Therefore, federally-regulated employers should note that the disputed sections of the GNDA continue to apply to them. Employers will be committing a criminal offence and subject to the GNDA’s criminal sanctions if they use or demand genetic testing, or the results of genetic testing, as a condition of employment, or discriminate based on a refusal to provide consent.

Assessing Whether Medical Cannabis Users Can Safely Perform Their Jobs, Without Undue Hardship to the Employer

Precedential Decision by Judiciary or Regulatory Agency

Authors: Monty Verlint, Partner and Rhonda B. Levy, Knowledge Management Counsel – Littler Canada

On June 4, 2020, in International Brotherhood of Electrical Workers, Local 1620 v. Lower Churchill Transmission Construction Employers’ Association Inc., 2020 NLCA 20, the Court of Appeal of Newfoundland and Labrador overturned the decision of the province’s Supreme Court, which addressed an employer’s obligation to accommodate medical cannabis use for workers in safety-sensitive positions. The Court of Appeal held that employers must conduct an individualized assessment of whether an employee can safely perform their actual job on their specific worksite despite their use of medical cannabis, without undue hardship to the employer. Employers that fail to conduct such an analysis will be discriminating against a disabled employee.

Ontario: Employers Must Screen Workers and Essential Visitors for COVID-19

New Regulation or Official Guidance

Authors: Monty Verlint, Partner and Rhonda B. Levy, Knowledge Management Counsel – Littler Canada

In response to the recent increase in COVID-19 cases in Ontario, the province imposed health screening obligations on employers. On September 25, 2020, the province’s government filed Regulation 530/20, which was made under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. Effective September 26, 2020, Regulation 530/20 amended Regulation 364/20: Rules for areas in Stage 3, mandating the person responsible for a business or organization that is open to operate it in compliance with the advice, recommendations and instructions issued by the Office of the Chief Medical Officer of Health on screening individuals. On September 25, 2020, the Ministry of Health issued Recommendations for screening (Version 1) (Recommendations), which indicate that the screening must be implemented for workers and essential visitors entering the work environment, and sets out three questions that they must answer.

Federal Government Announced Canada Emergency Response Benefit

Proposed Bill or Initiative

Authors: Monty Verlint, Partner and Rhonda B. Levy, Knowledge Management Counsel – Littler Canada

To help Canadians through the next phase of recovery, on August 20, 2020, Canada’s federal government announced that it would transition those receiving the Canada Emergency Response Benefit (CERB) to a more flexible and generous Employment Insurance (EI) program, provided they qualify. In preparation for this transition, the CERB was extended for four weeks to a 28-week maximum, ending on September 26, 2020. The government also introduced new legislation to support the implementation of the following benefits, which will be in effect for one year following the end of CERB payments: The Canada Recovery Benefit, the Canada Recovery Sickness Benefit, and the Canada Recovery Caregiving Benefit.