14 Key Developments In Canadian Labour & Employment Law In 2020

• Published date: 08 January 2021
• Subject Matter: Employment and HR, Litigation, Mediation & Arbitration, Coronavirus (COVID-19), Contract of Employment, Unfair/ Wrongful Dismissal, Health & Safety, Employee Benefits & Compensation, Redundancy/Layoff, Employee Rights/ Labour Relations, Trials & Appeals & Compensation, Employment and Workforce Wellbeing, Operational Impacts and Strategy
• Law Firm: Littler - Canada
• Author: Ms Rhonda B. Levy, Sari Springer, Barry Kuretzky, George Vassos and Monty Verlint

As we entered a new decade in 2020, Canada saw significant developments in labour and employment law, some of which related to COVID-19. This Insight provides an overview of 14 key 2020 developments, with links to more detailed articles and commentary:

1. Ontario Superior Court recognized a new invasion of privacy tort: "publicity which places the plaintiff in a false light in the public eye."

The recognition by Ontario's Superior Court of the new "false light" privacy tort in a family law case, Yenovkian v. Gulian, 2019 ONSC 7279, was significant to employers. The decision is a caution for employers that before they disseminate information about people to the public, including on the Internet, they must ensure that it will not portray the person in a false light (i.e., as other than they are). Employers should be attentive to the language used in in their statements both to their own employees and to the general public, including when an employee or company officer is under investigation, or has left the company, whether voluntarily or otherwise. In all cases, these statements should be reviewed carefully to ensure they do not make claims that are false or misleading. Employers that do not conduct such a review may find themselves liable for significant damages for this new invasion of privacy tort, especially if the harm from the publicity is significant and their conduct is outrageous and egregious. A link to a more detailed article is here.

2. Federal Court of Appeal affirmed federally regulated employees can make unjust dismissal complaints after signing releases.

In Bank of Montreal v. Li, 2020 FCA 22, the Federal Court of Appeal (FCA) dismissed the employer's appeal of the decision of the Federal Court in Bank of Montreal v. Li, 2018 FC 1298. The Supreme Court of Canada dismissed an application for leave to appeal the FCA judgment. Accordingly, employees of federally regulated employers may make claims for unjust dismissal during the permissible 90-day period, even after signing releases and settlement agreements. Links to more detailed articles are here and here.

3. Canadian Federal Government provides 75% Canada Emergency Wage Subsidy (CEWS) to motivate business owners to keep employees employed during COVID-19 pandemic.

The federal government created the 75% Canada Emergency Wage Subsidy (CEWS) and made it available to all eligible companies - large, medium, small, and non-profits - that experienced a specified reduction in revenue. The objective of the CEWS is to prevent further job losses, encourage employers to re-hire workers laid off due to COVID-19, and make it easier for employers to resume normal operations when the pandemic ends...