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Littler global leadership – Canada – Q2 2020 – syndrome (COVID-19) | Instant News


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The Ontario court of appeal: decision on the assessment of deliverability
provisions about termination

Landmark decisions of judicial or regulatory bodies

Authors: Rhonda B. levy, a lawyer with knowledge management and Monty
Verlint, Partner – Less Canada

On 17 June 2020, the Ontario court of Appeal ruled
the decision regarding the enforcement of termination
in employment contracts, provided that the correct method
determining whether the point of termination in the employment contract
executable is the analysis of the contract as a whole and not
on a gradual basis. If the termination of the provision in the contract
contrary to the requirements of the employment standards act
2000, all notice periods will be considered
invalid, regardless of the existence of separateness
p., which can not be used to sever the offending part
the termination provisions.

The province announce plans to gradually ease COVID-19
Limitations and opening

New rules or the official guide

Authors: Rhonda B. levy, a lawyer with knowledge management and Monty
Verlint, Partner – Less Canada

In Canada, the easing of restrictions in connection with COVID-19
pandemic is determined by each individual province or territory. In
April and may 2020, a number of provincial governments (UK
Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec,
Newfoundland and Labrador, new Brunswick, Prince Edward Island)
announced that they plan to gradually ease restrictions with the aim
in the end, completely renewing their provinces.

New jobs harassment and abuse prevention mode
Is Governed By Federal Law Employers

New rules or the official guide

Authors: Rhonda B. levy, a lawyer with knowledge management and Monty
Verlint, Partner – Less Canada

On 24 June 2020, the Federal government published the workplace
Harassment and violence provisions (regulations), which set out
requirements that Federal regulated employers are
need to meet in order to satisfy its obligations under
Canada Labour code (CLC) for the investigation, recording, reporting, prevention
and provide training on work place harassment and
violence, including sexual harassment and sexual violence. In
Laws support bill C-65, an act to amend the Canada labour
Code (harassment and violence), the parliamentary employment and
The relations act, personnel and Law on the execution of the budget, 2017 No. 1
(Proposition 65), which received Royal assent on October 25, 2018. In June
22, by 2020, the Federal government announced that both bill C-65 and
the decree will enter into force on 1 January 2021.

Ontario: new rules in accordance with the law labor standards
Favorable for employers

New rules or the official guide

Authors: Rhonda B. levy, a lawyer with knowledge management and Monty
Verlint, Partner – Less Canada

29 may 2020, the government of Ontario filed Ontario
228/20 regulation (regulation) in accordance with the labor standards law,
2000 (ESA). The resolution amends the dismissal and constructive dismissal
rules, in accordance with the ESA, and in most cases, eliminates temporary
layoffs and the risk of constructive dismissal
the Statute defined “COVID-19 period”, during which
many employers in Ontario have been forced to close or reduce operations.
These Rules do not apply to workers in Union jobs
who will continue to be subject to the layoff in ESA
rules. A number of canadian jurisdictions was amended
the labor law to extend the period of temporary
layoffs in the result COVID-19 pandemic.

If approved, the proposed bill will be amended CEWS and CERB

The proposed bill or initiative

Authors: Rhonda B. levy, a lawyer with knowledge management and Monty
Verlint, Partner – Less Canada

On June 10, 2020, the Federal government passed bill C-17,
The law relating to additional COVID-19 measures for first reading.
If adopted in its current form, bill C-17, among other things,
to amend Canada ambulance subsidy wage (CEWS), 75%
program wage subsidy to encourage employers to save them
employees during COVID-19 crisis and emergency in Canada
Good answer (CERB), a taxable allowance of $ 2,000 every four
weeks to four months for the employees who lost
their income from COVID-19 crisis. Changes in CEWS would
include the extension of its validity for a further 12 weeks until August
29, 2020, the extension of the right to CEWS into several groups, and
other amendments to ensure that the CEWS continues to fulfill its
goals. Changes in CERB would include all payments,
made in two weeks step of establishing the circumstances under which
employees will not be eligible for CERB, and to subject applicants
sanctions in specific circumstances.

Originally published on Littler Mendelson, July
2020

The content of this article is intended to give General
leadership on this issue. Specialist advice should be sought
on your specific circumstances.

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