Critical New Developments in Employment Law

The past year had already witnessed significant changes in employment law. Then COVID-19 hit and the world, and workplaces, were suddenly and dramatically transformed. Learn about these many changes from our diverse panel of practitioners. Hear from all sides. Our diverse panel is comprised of counsel from employment and management sides and an investigator. What do employers and employees need to know? Using Zoom, this practical webinar will cover the following topics:

1. Workplace harassment claims -- what is the proper forum?
2. Termination and post-employment entitlements
3. Bhasin and the duty of good faith in employment law
4. How does COVID-19 and responses to it affect your employment practice?

Summary of Professionalism Content

Workplace harassment claims: When to investigate? How should counsel navigate between administrative tribunals like the WSIB and the Human Rights Tribunal, and the civil courts in addressing workplace harassment claims? WSIAT in 2019 held that a worker’s right to sue for alleged harassment and constructive dismissal could be taken away by the Workplace Safety and Insurance Act. Also in 2019 the Ontario Court of Appeal held there is no tort of harassment. How should you advise a clientwho alleges harassment? Panellists will use a case study to illustrate the advantages and disadvantages, as well as potential pitfalls and ethical issues, of litigating in the various forums.

Substantive Content

Termination and post-employment entitlements

Every year brings further developments about what must be included in an employment contract and what constitutes an enforceable termination provision. In a series of recent cases, the Ontario Court of Appeal opined about such topics as notice periods of greater than 24 months, the effect of employee benefit plans on an employee’s right to benefit entitlements during the notice period, and whether an employee can change their mind about resigning.

Bhasin and the Duty of Good Faith in Employment Law

The Supreme Court of Canada heard an appeal on the role of bad faith in performing an employment contract last year; the court’s decision is pending. What should counsel advise about good and bad faith in the workplace?

COVID-19 and the New Normal

Layoffs. Constructive dismissal claims. Supplemental Unemployment Benefit (SUB) plans. Employment Insurance (EI) entitlements. Canada Emergency Response Benefit (CERB) and other government programs. In this changed world, what do employers and employees need to know? How can you “pandemic-proof” a workplace? What policies should employers consider?