2SLGBTQ+ Human Rights in the Workplace

February 19, 2021
Blog Post

Canada has made positive steps towards extending legal protection to members of the 2SLGBTQ+ community in recent years (for a timeline of key legal decisions and events that have contributed towards the progression of these rights in Canada, see here). The employment relationship, however, is still inherently imbalanced, and 2SLGBTQ+ individuals can be particularly vulnerable to… Read more »

Am I entitled to vacation pay while on Infectious Disease Emergency Leave?

February 11, 2021
Blog Post

Many employees have been using the Infectious Disease Emergency Leave for almost one year. By now, those employees should have received their accrued but unused vacation pay (4% or 6% of gross wages earned during a 12-month vacation entitlement year) for the previous “vacation entitlement year”. Your “vacation entitlement year” is typically the recurring 12-month… Read more »

Non-Unionized Employees Can Bring Superior Court Actions for Wrongful Dismissals

February 5, 2021
Blog Post

Andrew Montague-Reinholdt has had an important win this week in the Ontario Court of Appeal’s decision, Pearce v. Canada (Staff of the Non-Public Funds, Canadian Forces). Mr. Pearce was a non-unionized federal public service employee. He argued constructive dismissal against his employer, who fell under the “undesignated Separate Agency” category pursuant to the Federal Public… Read more »

Janice Payne on CTV News

February 5, 2021
Blog Post

Can workplaces require their employees to be vaccinated? This question is top of mind for employers as the vaccine rollout continues across the country. Watch as Janice Payne discusses the balance of employee rights and employer obligations that must be considered.

Can the Pandemic Warrant a Longer Notice Period?

February 1, 2021
Blog Post

In a decision released on January 18, 2021, Yee v Hudson’s Bay Company, 2021 ONSC 387, the court pronounced itself on whether the COVID-19 pandemic impacts the length of reasonable notice periods. The Facts Marvin Yee was a Hudson’s Bay Company (“HBC”) employee for 11.65 years when his employment ended on August 28, 2019; pre-COVID…. Read more »

Workplace vaccination policies – an HR minefield

January 29, 2021
Blog Post

The COVID-19 pandemic delivered a crushing blow to Canada’s economy. Businesses adapted as best they could, often restructuring staff and operations numerous times over the year. Many have simply not survived. Thus, the promise of revolutionary new vaccines (reportedly 90%+ effective against COVID-19) has allowed businesses to start planning for a return to normal. Though… Read more »

Malini Vijaykumar on CTV Morning Live

January 25, 2021
Blog Post

Watch as employment lawyer Malini Vijaykumar discusses the impact of Ottawa schools remaining closed on working parents, and what kind of accommodation their employers should provide.

Interim EI Rules Could Mean Greater Benefits for Some Terminated Employees

January 22, 2021
Blog Post

Although the Government of Canada has yet to change the EI laws and regulations (the Employment Insurance Act and Employment Insurance Regulations), it issued an interim order in August 2020. Nelligan Law gratefully acknowledges the contribution of Avery Yandt, Student-at-Law, in writing this blog post.  Terminated employees are often entitled to both severance pay from… Read more »

Do I need to work from home during a Stay-at-Home Order?

January 19, 2021
Blog Post

The new Stay-at-Home Order (the “Order”) has raised several questions for employees who are still required to attend the workplace. The Order states that every individual must remain in their home unless they leave for a necessary purpose such as work. “Work” is defined as work, “[…] where the nature of the work requires the… Read more »

Do You Have Employees? You Need a Remote Work Policy

January 6, 2021
Blog Post

The COVID-19 pandemic has led to a fundamental shift in how we work. Previously, most employers permitted employees to work remotely on only an exceptional basis. Many managers alleged that their employees would not work as hard while away from the office; they would be distracted by household responsibilities; they would not be responsive to… Read more »