Insights

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

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

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

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

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

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

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.

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.

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.

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.