Tiffany O'Hearn Davies

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Easing of COVID-19 Public Health Measures: Implications for Mandatory Vaccination Policies in Ontario

As of March 1, 2022, several COVID-19 public health measures in Ontario were lifted, including the vaccination passport system that applied to indoor public settings such as restaurants and cinemas. As of March 21, mask mandates have been dropped except for certain settings. Importantly, the government’s loosening of these strict public health requirements should not … Continue reading

Ontario Superior Court Confirms Legislative Prohibition on Non-Compete Clauses does not have Retroactive Effect

As previously discussed in our December 6, 2021 blog post, Ontario’s Employment Standards Act, 2000 (“ESA”) was recently amended to include a prohibition on non-competition clauses in employment agreements, subject to limited exceptions. The prohibition does not apply to agreements with executive-level employees, nor does it apply in a merger and acquisition context where the … Continue reading

Ontario Ministry of Labour issues Guidance on “Disconnecting From Work” Policies

As we previously reported, the Ontario Employment Standards Act, 2000 (ESA) requires that employers with 25 or more employees have a written policy addressing “disconnecting from work” in place by June 2, 2022. The legislative amendments were described in our previous blog post. The ESA itself provides very little information on the required contents of … Continue reading

New Ontario “disconnecting from work” policy requirement

As previously discussed, legislative amendments in Ontario have introduced a first-in-Canada requirement for employers to prepare “disconnecting from work” policies for their employees. Pursuant to the amendments, employers with 25 or more employees must have a written policy in place with respect to disconnecting from work by June 2, 2022. The legislative amendments were described … Continue reading

Updates to Employment Standards Act, 2000 Policy and Interpretation Manual May Provide Further Support for the Implementation of COVID-19 Vaccination or Testing Policies

In recent months, Canadian Governments and employers shifted towards the implementation of mandatory vaccination policies in their workplaces (see our previous publication here). As deadlines for compliance lapse, employees may be subject to discipline up to and including termination. Generally, in the event of an employee’s termination of employment, the employee is entitled to notice … Continue reading