Littler Global Guide - Canada - Q2 2021

• Published date: 23 July 2021
• Subject Matter: Employment and HR, Strategy, Coronavirus (COVID-19), Unfair/ Wrongful Dismissal, Redundancy/Layoff, Knowledge Management, Employment and Workforce Wellbeing
• Law Firm: Littler - Canada
• Author: Ms Rhonda B. Levy and Monty Verlint

New Federal Statutory Holiday on September 30, 2021

New Legislation Enacted

Authors: Rhonda B. Levy, Knowledge Management Counsel and Monty Verlint, Partner - Littler

On June 3, 2021, the federal government's Bill C-5, An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation) received Royal Assent. This bill amends the Canada Labour Code to provide for annual observance by the federal government and federally regulated workplaces (e.g., airlines, banks, interprovincial transportation companies, telecommunication companies, etc.) of a new statutory holiday on September 30, the National Day for Truth and Reconciliation. While provincially regulated workplaces are not subject to this new statutory holiday, some employers may voluntarily decide to recognize it.

Employer's Liability for Severance Depends on Size of Global Payroll

Precedential Decision by Judiciary or Regulatory Agency

Authors: Rhonda B. Levy, Knowledge Management Counsel and Monty Verlint, Partner - Littler

The Ontario decision (docketed 2021 ONSC 4290) establishes that to determine whether liability for statutory severance pay under the Ontario Employment Standards Act, 2000 will attach, employers must consider the size of their global payroll. If an employer's payroll in Ontario is less than $2.5 million but its global payroll is $2.5 million or more, the employer will still be liable for severance pay under the ESA (as long as the employee in question has at least five years of service).

Punitive Damages for Supervisor's Conduct

Precedential Decision by Judiciary or Regulatory Agency

Authors: Rhonda B. Levy, Knowledge Management Counsel and Monty Verlint, Partner - Littler

In the Ontario Court of Appeal (OCA), an employer appealed a jury's $150,000 punitive damage award against the employer. The OCA denied the appeal. This decision puts employers on notice that if the conduct of a supervisor in their workplace demonstrates that the supervisor has little regard for the safety of an employee, the supervisor's conduct may be considered the employer's conduct, potentially resulting in liability for significant punitive damages.

Viability of Constructive Dismissal Claim Due to COVID-19 Layoff

Precedential Decision by Judiciary or Regulatory Agency

Authors: Rhonda B. Levy, Knowledge Management Counsel and Monty Verlint, Partner - Littler

Just six weeks after holding that Ontario Regulation 228/20 (IDEL Regulation) under...