Vey Willetts lawyer Andrew Vey was recently interviewed by Canadian HR Reporter concerning the expiry of deemed Infectious Disease Emergency Leave (“IDEL”). In an article entitled “Will end of deemed IDEL lead to a rise in constructive dismissal claims?”, Vey walked through the practical implications of this legal development for both employers and employees.
In the lead-up to the June 2nd provincial election, the Progressive Conservative Party under Premier Ford has introduced yet another set of changes to Ontario employment law. This marks the second major update to the province’s workplace regulations in a 12-month period. We reported on the prior round of changes (which became law in November 2021) here.
Over the course of the pandemic, many employers (particularly those in retail, hospitality and tourism) experienced a significant downturn in business. As a result, some made the difficult decision to either lay-off or dismiss staff. A recent court decision from British Columbia considers whether an employer’s dramatic loss of revenue (which informed the decision to end employment) should properly be considered a “frustration of employment.”
In early December 2021, the Ontario Government passed into law a ban on non-compete agreements. Non-competes are a form of restrictive covenant used to limit the ability of employees to seek work with competitive alternate employers. Ontario’s non-compete ban took retroactive effect as of October 25, 2021. But that begged the question, what happens to non-compete agreements entered into before this date?
The Government of Ontario has announced that Infectious Disease Emergency Leave (“IDEL”) will be extended for a fifth time. It will now cover the period from March 1, 2020 to July 30, 2022. As a result of this change, it is possible that the worst effected employees may find themselves out of work, and without pay, for a staggering 2 years and 5 months.
While vaccination mandates and the ongoing pandemic continue to dominate headlines, less attention has been given to the major changes to Ontario employment law currently being proposed at Queen’s Park. A ban on non-compete clauses, a new minimum wage, and a legally protected right to wear poppies in the workplace are just some of what may be coming.
