News & Analysis as of

Layoffs Hiring & Firing Canada

Littler

Canada: Ontario Government Introduces Significant Changes to Key Workplace Legislation

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On May 28, 2025, the Ontario Government introduced the Working for Workers Seven Act, 2025 (Bill 30). If passed, Bill 30 will amend the Employment Standards Act, 2000 (ESA), Occupational Health and Safety Act (OHSA), and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Canada Implements Temporary Employment Insurance Measures Responsive to Economic Impacts of Trade War

The federal government of Canada recently amended the Employment Insurance Act, implementing temporary measures to address the economic impacts of tariffs imposed by the United States. ...more

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British Columbia, Canada Appeal Court Rejects Employer’s Frustration Defence in Circumstances Connected to COVID-19

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In Aldergrove Duty Free Shop Ltd. v. MacCallum, 2024 BCCA 28, the Court of Appeal for British Columbia (BCCA) dismissed an employer’s appeal when it agreed with the lower court that the employer could not use the frustration...more

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Ontario, Canada Court of Appeal Addresses How Employers Can Preserve Right to Unilaterally Lay Off Employees Without Being Found...

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In Pham v. Qualified Metal Fabricators Ltd., 2023 ONCA 255, the Ontario Court of Appeal (OCA) found that unless an employee’s employment contract provides otherwise via an express or implied term, an employer’s unilateral lay...more

Littler

Ontario, Canada: Availability of Deemed IDEL Ended on July 30, 2022 But Unpaid and Paid IDEL Still Available to Eligible Employees

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Deemed IDEL No Longer Available - In May of 2020, Ontario filed O. Reg. 228/20, which provided that a non-unionized employee who did not perform their job duties during the “COVID-19 period” because their work hours were...more

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Alberta, Canada: Arbitrator Decides COVID-19 Pandemic is Cataclysmic Event that Did Not Trigger Entitlement to Severance Under...

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In United Utility Workers’ Association of Canada v Dataco Utility Services Ltd., 2022 CanLII 13414 (AB GAA), Arbitrator John Moreau, Q.C., dismissed 11 grievances filed on behalf of 11 service technicians (Grievors) of Dataco...more

Littler

Ontario, Canada Court Decides Employees Laid Off During COVID-19 May Not Claim Constructive Dismissal at Common Law

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Just six weeks after holding in Coutinho v. Ocular Health Centre Ltd. that Ontario Regulation 228/20 (IDEL Regulation) under the Employment Standards Act, 2000 (ESA) did not remove an employee’s common law right to claim...more

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British Columbia, Canada Court Deducts CERB From Employee’s Damages for Wrongful Dismissal

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To date, few decisions in Canada have considered whether the amount of the Canadian Emergency Response Benefit (CERB) employees receive after their job termination should be deducted from their damages in lieu of common law...more

Littler

Ontario, Canada Court Decides Employee Laid Off During COVID-19 May Claim Constructive Dismissal at Common Law

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Last May, the government of Ontario filed Ontario Regulation 228/20 (IDEL Regulation) under the Employment Standards Act, 2000 (ESA).  The Regulation provides that an employee in a non-unionized workplace who, any time during...more

Littler

14 Key Developments in Canadian Labour & Employment Law in 2020

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As we entered a new decade in 2020, Canada saw significant developments in labour and employment law, some of which related to COVID-19.  This Insight provides an overview of 14 key 2020 developments, with links to more...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ontario Government Extends Protections for Temporary Layoffs to January 2, 2021

On September 3, 2020, Ontario’s government announced that it would extend layoff protections, preventing temporary layoffs due to COVID-19 from automatically becoming terminations of employment. In normal circumstances,...more

Hogan Lovells

Coronavirus: The Hill and the Headlines – COVID-19 D.C. Update – August 2020 # 18

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In Washington - The Centers for Disease Control and Prevention (CDC) revised guidance for coronavirus testing is confusing and alarming many. The CDC now says people who have been in close contact with a person infected...more

Littler

Canada: COVID-19 and Relief from Mass Termination Rules

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Canadian businesses have suffered severe financial distress due to COVID-19. Many employers have been forced to lay off their employees hoping they would only be required to do so temporarily. It has become clear that the...more

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Government of Ontario, Canada Issues New Regulation Favourable to Employers During the COVID-19 Pandemic

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On May 29, 2020, the government of Ontario filed Ontario Regulation 228/20 (Regulation) under the Employment Standards Act, 2000 (ESA).  The Regulation amends layoff and constructive dismissal rules exclusively under the ESA,...more

Blake, Cassels & Graydon LLP

B.C. Government Implements COVID-19 Temporary Layoff Under Employment Standards

On May 4, 2020, the Government of British Columbia announced an extension of the temporary layoff period to assist employers during the unprecedented financial circumstances associated with the COVID-19 pandemic. British...more

Dorsey & Whitney LLP

A WARN Act Warning

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Under U.S. law, large employers have an obligation to notify their employees at least 60 days before a “plant closing” or “mass layoff.” This requirement can have serious implications for Canadian companies engaged in M&A...more

Dickinson Wright

Termination of Employment in Ontario

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The cost of terminating the employment of an employee in Ontario depends upon a mixture of contract provisions, common law and statute. The rules under the Employment Standards Act, 2000 about the termination of employment...more

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