COVID-19 Information Hub - Emond Harnden

The articles listed below are intended to provide readers with general information only. They should not be regarded or relied upon as legal advice or opinion. Accessing, reading, relying on or otherwise using the articles listed below does not, under any circumstances, create a lawyer-client relationship between you and Emond Harnden. A lawyer-client relationship will only form if and when Emond Harnden specifically and expressly agrees to act for you on a particular matter and executes a retainer agreement to that effect. For more information, please consult our Terms of Use.

COVID-19 has changed the labour and employment law landscape indefinitely.

The World Health Organization declared COVID-19 a pandemic on March 11, 2020. The situation has developed rapidly and changes from day to day.

In light of these unprecedented circumstances and the fluidity of this situation, Emond Harnden remains committed to providing timely support and guidance to our clients as they navigate their obligations and rights as employers.

Services

We are available to provide advice on any and all COVID-19 related issues, including:

Return to Work & School

Latest post: Canadian Privacy Commissioners Publish Guidance on Vaccine Passports

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Temporary Lay-offs

Latest post: Court Finds that ESA’s IDEL Does Restrict Employee’s Ability to Pursue a Civil Claim for Constructive Dismissal

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Pandemic Planning

Latest post: Details of Emergency Declaration and Impact on Ontario Employers Now Available

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EI Benefits

Latest post: COVID-19 Emergency Response Act Receives Royal Assent

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Sick Leave and Leaves of Absence

Latest post: Arbitrator Confirms Health Care Employers’ Rights in Respect of Infectious Disease Emergency Leave

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Working from Home

Latest post: Details of Emergency Declaration and Impact on Ontario Employers Now Available

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Health and Safety Issues

Latest post: COVID-19 Immunization Policies for Staff Mandatory in Long-Term Care Homes as of July 1st

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Privacy Considerations

Latest post: Canadian Privacy Commissioners Publish Guidance on Vaccine Passports

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Government Support Measures

Latest post: COVID-19 Immunization Policies for Staff Mandatory in Long-Term Care Homes as of July 1st

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Webinars

Employment Agreements and Workplace Policies in the COVID-19 Era: J.D. Sharp & Erica Bennett

March 27, 2020

Mandating COVID-19 Vaccinations in the Workplace: J.D. Sharp & Larissa Volinets Schieven

March 27, 2020

Fall Update on COVID-19 and the Workplace: J.D. Sharp & Joël Rocque

March 27, 2020

The Human Rights Side of the Pandemic: Raquel Chisholm & Carolyn Dunlop

March 27, 2020

Ontario’s New Regulation Addressing the Temporary Layoff and Deemed Termination Dilemma: Kecia Podetz & J.D. Sharp

March 27, 2020

Return to Work Considerations: Fabienne Lajoie & Kyle Shimon

March 27, 2020

Navigating leaves during the pandemic: Mélissa Lacroix & Larissa Volinets Schieven

March 27, 2020

Effectively managing a remote workforce: Raquel Chisholm & Carolyn Dunlop

March 27, 2020

My employee refuses to work until the pandemic is over – what can I do? J.D. Sharp & Neil Dzuba

March 27, 2020

CERB and wage subsidy: where are we at? – Kecia Podetz & Erica Bennett

March 27, 2020

Emond Harnden COVID-19 Webinar: Porter Heffernan & Lauren Jamieson

March 27, 2020

Webinaire COVID-19 (FR): Céline Delorme et Joël Rocque

March 27, 2020

View all webinars

Resources

COVID-19 safety plan guide update

Resources to prevent COVID-19 in the workplace

New guidance on meal and break periods

New guidance on self-isolation and return to work

COVID-19 Guide for Federal Sector Employers

Updated construction sector guidance

COVID-19 response framework: keeping Ontario safe and open

Ontario government resource document: Wearing Masks in the Workplace

COVID-19 Guide for Employers in the Hotel and Hospitality Industry

Actions to support small and medium-sized employers in Ontario during COVID-19

COVID-19 Guide for Aviation-Industry Employers

Actions to support federally-regulated employers during COVID-19

Stay up to date with the latest labour and employment law updates!

Read our COVID-19 latest articles

Useful Links

World Health Organization

Public Health Agency of Canada

Government of Canada

British Columbia

Newfoundland and Labrador

Prince Edward Island

Northwest Territories

Latest Articles

Court Finds that ESA’s IDEL Does Restrict Employee’s Ability to Pursue a Civil Claim for Constructive Dismissal

As Focus readers may recall, as detailed in our earlier Focus Alert, the Ontario Superior Court of Justice previously examined in the case of Coutinho v.

COVID-19 Immunization Policies for Staff Mandatory in Long-Term Care Homes as of July 1st

On May 31, 2021, the Ministry of Long-Term Care announced that it would be issuing a Minister’s Directive (the “Directive”) pursuant to the Long-Term Care Homes Act, 2007.

Canadian Privacy Commissioners Publish Guidance on Vaccine Passports

As COVID-19 vaccines become more widely available to Canadians in all provinces, the public discourse in respect of immunization has begun to include talk of vaccine passports.

Arbitrator Confirms Health Care Employers’ Rights in Respect of Infectious Disease Emergency Leave

In a recent dispute between the Ontario Public Service Employees Union (the “Union”) and Windsor Regional Hospital (the “Hospital”), a temporary order issued as a result of the COVID-19 pandemic was challenged at arbitration.

ESA’s IDEL Regulation Found by Court to Not Restrict Employee’s Ability to Pursue a Civil Claim for Constructive Dismissal

In the first reported civil case examining the intersection between the Employment Standards Act, 2000 (ESA) COVID-19 leave provisions and constructive dismissal at common law, a judge of the Ontario Superior Court of Justice ruled that the right to pursue a civil claim for constructive dismissal at common law is still possible, even if the employee was technically placed on an ESA COVID-19 related leave following the onset of the pandemic.

Emond Harnden Updates

To our valued clients

We are in the midst of a challenging and unprecedented situation. The COVID-19 pandemic has touched all of us, including our businesses, families, and communities, and we are aware of the fears and uncertainties we are all facing. We wanted to take a brief opportunity to connect with all of you, to share the measures we have taken and the measures we will continue to take, to help ensure the health and safety of our communities, and the continuity and success of our clients.

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As have many employers, we have moved most of our operations out of the office, to do our part in maintaining social distancing. Most of our lawyers and staff are now working remotely, and will continue to do so for the foreseeable future. We have suspended in-person meetings, but remain available to connect with clients by phone, email or video conferencing. We have ensured that our lawyers and staff are equipped to maintain the continuity of our operations, and we remain at full capacity to assist our clients with any and all employment-related issues arising out of COVID-19. We welcome you to contact any one of our lawyers, and we assure you that one of our lawyers will be able to assist you in a timely fashion.

In these extraordinary times, we want to assure our clients that we are here for you. We have been working collaboratively to ensure that we are up-to-date with any developments, and that we are providing timely, accurate advice. We are available to provide advice on any and all COVID-19 related issues, including:

Pandemic planning and the development of guidelines and policies relating to COVID-19;
Temporary lay-offs;
Working from home;
Employment Insurance benefits issues, including Supplemental Unemployment Benefit Plans and Work-Sharing programs;
Sick leave and other leaves of absence;
Health and safety issues, including work refusals; and
Privacy considerations relating to employee medical information.

You will find our recent updates and publications on COVID-19 on our website and we will continue to update our resources as developments occur.

We also understand that in some respects and for some clients, it remains business as usual, and so we remain available and committed to provide timely advice and guidance on all other labour and employment-related matters that may arise in the coming weeks.

As always, we remain your trusted advisors, and we are here for you. Be well, be healthy, and be safe.

Sincerely,

EMOND HARNDEN