Workplace investigations have become a common feature in employment law. In fact, in Ontario there is a statutory obligation on employers to conduct an investigation in certain situations such as when there is a complaint of harassment. However, how the employer conducts a workplace investigation can vary depending on a wide array of factors such as the location or size of the workplace or the type of complaint. For instance, using a third party investigator may be a lot easier when the workplace is larger or located in a city like Toronto than if the business premises of the employer is located in a small rural town.
If you are interested to find out more about some of your responsibilities, as an employer, with respect to the wearing of masks at the workplace due to the COVID-19 pandemic you should visit the Ontario government’s website at the following link: https://www.ontario.ca/page/using-masks-workplace#section-3
The COVID-19 pandemic has caused many changes in the world of work. One of the most distinct is the great exodus that has occurred of employees moving from working at the business premises of the employer to their own residential homes. The purpose of this blog is to inform our readers of what legal issues can occur with respect to this new shift to remote work or work-from-home arrangements.
Recently when I was conducting legal research on an unrelated matter, I stumbled upon a decision from the Ontario Human Rights Tribunal (“Tribunal”) which, although by now is a decade old, is very timely in the issues that it raises given the COVID-19 pandemic.
The Ontario government is introducing a new piece of legislation called the Supporting Ontario’s Recovery Act, 2020 or Bill 218. It had its first reading on October 20, 2020 in Toronto. Section 2 of the Act sets out that no cause of action arises against any person as a direct or indirect result of an individual being or potentially being infected with or exposed to the coronavirus or COVID-19 as a direct or indirect result of an or omission of the person if (a) at the relevant time, the person acted or made a good faith effort to act in accordance with (i) public health guidance relating to coronavirus or COVID-19 that applied to the person and (ii) any federal, provincial or municipal law relating to coronavirus or COVID-19 that applied to the person and (b) the act or omission of the person does not constitute gross negligence.