Retrait préventif : la COVID-19 ne constitue pas un contaminant au sens de la LSST

Dans une affaire récente – Piché et Entreprises Y. Bouchard & Fils inc. – le Tribunal administratif du Travail (Tribunal) a rejeté la demande de retrait préventif d’un travailleur en vertu de l’article 32 de la Loi sur la santé et la sécurité du travail (LSST) car il considère que la COVID-19 ne constitue pas un contaminant au sens de la LSST.

Le contexte

Le travailleur est un technicien ambulancier paramédic atteint d’un psoriasis sévère en gouttes depuis 2015 pour lequel il reçoit des injections de Cosentyx, un agent immunomodulateur. En mars 2020, son médecin … Continue Reading

Government introduces legislative changes following the Respect@Work report

On 24 June 2021, the Federal Government introduced the Sex Discrimination and Fair Work (Respect at Work) Amendments Bill 2021 (Cth) (Bill) into the Senate.  The Bill amends both the Sex Discrimination Act 1984 (Cth) (SDA) and the Fair Work Act 2009 (Cth) (FWA) in response to the Respect@Work report (the Report) and implements many of the recommendations of the Report.  The Bill aims to “strengthen, simplify and streamline the legislative and regulatory frameworks that protect workers from sexual harassment and other forms of sex discrimination in the workplace.”

The Bill … Continue Reading

AHRC Report: ASX200 companies and sexual harassment

On 17 June 2021, the Australian Human Rights Commission (AHRC) released the “Equality across the board: Investing in workplaces that work for everyone (2021)” report (AHRC Report).  The report collates survey and interview data from 118 ASX200 listed companies to portray how these companies are currently combatting the issue of sexual harassment and makes recommendations based on these findings.  The AHRC Report builds on the findings and recommendations set out in the Respect@Work report, which discusses the benefits of data collection and transparency around workplace sexual harassment.

The AHRC Report focusses on eight … Continue Reading

Returning to the Workplace – Government Guidance for a Covid-safe working environment from July 19

The UK Government announced that it would be lifting many of the restrictions that applied from 19 July and entering into what it terms Step 4 of its roadmap.  Part of Step 4 is that the government is no longer instructing people to work from home if they can and so employers can start to plan a return to the office. While there are already in place a number of guidance notes for employers on how to provide a Covid safe work environment, these are being amended from 19 July.  So what is the government guidance for employers going forward?… Continue Reading

Ontario Moves to Step 3 of the Roadmap to Reopen on July 16

On July 16, 2021, all regions in Ontario will move to Step 3 of the province’s Roadmap to Reopen, and the province will remain at Step 3 for at least 21 days. In this post, we analyze the legal instrument that will bring the Step 3 rules into force on July 16 and the implication of the new rules for Ontario businesses.

Key Legal Instruments

Key Take-Aways

 Requirement to Work From Home “Except Where Necessary” is Relaxed

  • Unlike the rules for areas
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COVID-19 Vaccines: A step towards mandatory vaccination in the workplace

Whilst Government had initially taken the view that vaccinations against COVID-19 would not be made mandatory, the revised Consolidated Directions on Occupational Health and Safety Measures in certain workplaces (the Directions), promulgated by the Minister of Employment and Labour, on 11 June 2021, reflect a significant change of approach.

In particular the Directions now implicitly permit, subject to a number of safeguards, employers to differentiate between, those employees who become vaccinated and those who refuse.

Regulation 3 of the Directions requires employers to undertake a risk assessment and implement preventative measures in the workplace within 21 days of the … Continue Reading

UK Pensions: What’s TPR’s policy on policies?

One thing that jumps out at you the more you read the Pensions Regulator’s draft single Code of Practice is that trustees are expected to have a LOT of policies.

We can see the logic: to have an effective system of governance, proper processes need to be in place and trustees will need to think through risks and anticipate problems before they arise, planning for how they will resolve them if and when they do materialise. From the trustee’s point of view, a solid set of policies can help demonstrate that they are being thorough and organised in their approach … Continue Reading

Developing a Long-Term Remote Work Policy

As restrictions related to COVID-19 continue to ease in British Columbia and employers are given the green light to return employees to the workplace, the ability to continue working remotely is top of mind for employers and employees alike. For those employers that wish to maintain some level of remote working, now is the time to begin developing a clear and comprehensive long-term remote work policy.  While non-exhaustive, the following may serve as a starting point in terms of what to include:

  • Eligibility: a remote work policy should frame remote work as a privilege and include clear eligibility requirements
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Germany: Relief for COVID-19 occupational health and safety

Declining infection figures and progress in the COVID-19 vaccination programme has prompted the German Federal Government to adapt the “SARS-CoV-2 Occupational Health and Safety Ordinance” (Corona-ArbSchV) (the Ordinance). The new regulations will come into force on July 1, 2021.… Continue Reading

Ontario Divisional Court expands statutory severance pay threshold

In Hawkes v. Max Aicher (North America) Limited, the Ontario Divisional Court held that the calculation of an employer’s payroll for the purposes of determining its severance pay obligations under the Ontario  Employment Standards Act, 2000 (ESA) must include its payroll outside of Ontario and Canada.

Background

The employee was employed by Max Aicher (North America) Limited (Aicher), a wholly owned subsidiary of Max Aicher GmbH & Co KG (MAG), which was headquartered in Germany. Following the termination of his employment, the employee filed a complaint with the Ministry of Labour alleging that … Continue Reading

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