Insights Archives - O'Neill Associates

FACTORS WHEN DEVELOPING HARASSMENT OR VIOLENCE PREVENTION POLICY

This general legal information (not legal advice) is subject to change, and there may be exceptions based on your specific circumstances. You should obtain independent legal advice before taking any action which may impact your legal rights. If you are an employee or an employer and need legal advice regarding this issue, an OA lawyer will […]

WHAT’S NEXT FOR UNIONIZED EMPLOYERS WITH BILL 124 NOW GONE?

TIME THEFT: DOES IT WARRANT TERMINATION IN ONTARIO?

BALANCING EMPLOYER AND EMPLOYEE CONSIDERATIONS AT TERMINATION

THE IMPACT OF THE PANDEMIC ON WRONGFUL DISMISSAL DAMAGE AWARDS IN ONTARIO

THE DUTY TO ACCOMMODATE IN THE WORKPLACE

This general legal information (not legal advice) is subject to change, and there may be exceptions based on your specific circumstances. You should obtain independent legal advice before taking any action which may impact your legal rights. If you believe you have a claim that is impacted by accommodations in the workplace or want more […]

Layoff, Termination, and Infectious Disease Emergency Leave

People often use the terms layoff and termination interchangeably, but they have distinct legal meanings. The COVID-19 pandemic has caused huge numbers of layoffs and terminations, so it is now essential that employers and employees understand when a layoff is actually (or becomes) a termination.

OLRB: Foodora Workers are Dependent Contractors Who Have the Right to Unionize

The recent decision of the Ontario Labour Relations Board (“OLRB”) in Canadian Union of Postal Workers v Foodora Inc. 2020 CanLII 16750 is a landmark decision for employers and workers in what has come to be known as the “gig economy.” In the Foodora decision, the OLRB determined that fast food couriers working for Foodora are “dependent contractors”, and therefore have the right to unionize. The Foodora case illustrates some of the risks of classifying a worker as an independent contractor, when they are more akin to an employee.

Ontario Government Extends Limitation Periods for Actions and Claims

On March 20, 2020, the Government of Ontario issued an order under s. 7.1 of the Emergency Management and Civil Protection Act (“EMCPA”) to suspend all limitation periods under the Limitations Act 2002. Initially, the order mandated that the 90-day period between March 16, 2020 and June 14, 2020 would halt any time running against the two-year limitation period to file an action. On June 6, 2020, this order was extended by an additional 90-day period to September 11, 2020.

Developing a COVID-19 Working from Home Policy

As the COVID-19 situation continues to develop, some employers are allowing their employees to move to remote workspaces. When drafting a WFH policy, employers should take into consideration the variables that may affect the business’s day-to-day operation and their obligations to their employees.

Category: Insights