Resources: COVID-19

COVID-19 Vaccine Passport versus the Right to Privacy

As B.C. plans a hopeful reopening, many major decisions are still on the horizon to help return Canadians back to “normal life.” One significant consideration is the implementation and use of a COVID-19 vaccine passport. In a joint statement on May 19, 2021 by the Federal, Provincial and Territorial Privacy Commissioners (the “Joint Privacy Statement”), they urged the government to keep privacy concerns front of mind when evaluating a COVID-19 vaccine passport.

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Paid COVID-19 Leave Now, and Paid Sick Leave in 2022

Bill 13 Employment Standards Amendment Act (No. 2), 2021 (“Bill 13”) received Royal Assent on May 20, 2021. Bill 13 is an amendment to the British Columbia Employment Standards Act (the “ESA”) and does two things:

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WorkSafeBC Decisions Provide Clarification Regarding Employer Actions Related to COVID-19 Safety

Two recent WorkSafeBC cases provide guidance regarding unacceptable worker actions in the context of the COVID-19 pandemic and related health and safety issues. Both cases dealt with prohibited action complaints brought by a dismissed worker against a former employer under sections 47 to 50 of the B.C. Workers Compensation Act.

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What Employers Need to Know…About COVID Vaccines (Video)

James Kondopulos spoke recently with Patrick Stafford-Smith of the North Vancouver Chamber regarding considerations for employers as it relates to employees and the rollout of vaccinations.

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Discharge Upheld for Employee Who Violated Employer’s COVID-19 Policies

Previously printed in the LexisNexis Labour Notes Newsletter. 

In Labourers’ International Union of North America, Loc. 183 v. AECON Industrial, 2020 CanLII 91950 (ON LA) (Carrier), the discharge of an employee who attended work after exhibiting COVID-19 symptoms and contrary to his employer’s direction was upheld.  This decision offers a firm rebuke against conduct which potentially puts other employees at risk of contracting the virus, and provides employers with strong support for issuing significant discipline in response to that kind of misconduct.

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Employee Reinstated Despite “Ongoing Pattern of Disrespect” for Employer’s COVID-19 Safety Protocols

Previously printed in the LexisNexis Labour Notes Newsletter. 

In the recent decision of Trillium Health Partners v. CUPE, Loc. 5180, 2021 CanLII 127 (Jesin), an Ontario arbitrator, Norm Jesin, reinstated an employee to employment after he was suspended and subsequently discharged for failing to adhere to the employer’s COVID-19 safety protocols.

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Update: COVID-19 Support Benefits

Nearly one year after the introduction of the first COVID-19 support programs, Canadians have seen a proliferation of different assistance programs from Provincial and Federal governments supporting individuals and businesses that have been impacted by the pandemic. With so many support programs available, some that have ended, and the numerous acronyms for these programs (all of which sound remarkably similar), it can be difficult to keep track. As a guide, we have prepared a summary of the most common programs currently operating and we also describe some of the programs that have ended.

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Overview of the Canada Recovery Benefits

On Friday, October 2, 2020, Bill C-4, An Act relating to certain measures in response to COVID-19, received royal assent.  The new legislation includes three income support programs: the Canada Recovery Benefit, the Canada Recovery Sickness Benefit and the Canada Recovery Caregiving Benefit (the “Recovery Benefits”).

The new Recovery Benefits are intended to replace the Canada Emergency Response Benefit (the “CERB”) which ended on September 26, 2020.

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Federal Government Introduces New Recovery Benefits Legislation

On the morning of September 24, 2020, Deputy Prime Minister and Finance Minister, Chrystia Freeland, and the Minister of Employment, Workforce Development and Disability Inclusion, Carla Qualtrough, announced the introduction of Bill C-2, to create three new benefits intended to take effect after the CERB program winds down – the Canada Recovery Benefit, the Canada Recovery Sickness Benefit, and the Canada Recovery Caregiving Benefit (the “Recovery Benefits”).

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Extension of the CERB, Changes to EI, and Introduction of New Recovery Benefits

On August 20, 2020, Finance Minister, Chrystia Freeland, and Minister of Employment, Workforce Development and Disability Inclusion, Carla Qualtrough, announced: (a) the extension of the Canada Emergency Response Benefit (the “CERB”); (b) upcoming changes to the Employment Insurance (“EI”) program; and (c) plans for three new benefits intended to take effect after the CERB program winds down.

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