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

July 10, 2020

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 […]

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Ontario Government Extends Limitation Periods for Actions and Claims

By Declan Gunovski  |  July 2, 2020

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.

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Developing a COVID-19 Working from Home Policy

By Declan Gunovski  |  July 2, 2020

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.

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Accommodation, Addiction, And Workplace Misconduct

By Declan Gunovski  |  July 2, 2020

When considering what discipline is appropriate for workplace misconduct, an employer must examine a variety of factors such as the workplace policy.

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Progressive Discipline for Misconduct and Inadequate Performance

By Declan Gunovski  |  June 8, 2020

The concept of progressive discipline is principally recognized and applied in a unionized work environment. While it may apply in some non-union settings, its application will be determined by existing employment contracts and the law of constructive dismissal.

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