Resources: COVID-19

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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Accommodations in Unprecedented Times: Accommodating Employees with Higher Levels of Vulnerability to COVID-19

With B.C. in Phase 3 of the Restart Plan, many employees who were previously working remotely or laid off are returning to the workplace.  One issue employers are facing is how to address accommodation requests from older employees and/or those with underlying health issues who are more vulnerable to COVID-19 than the general population. This update sets out an employer’s obligations to vulnerable employees and what to consider when returning them to workplace.

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Information for Employers Applying for COVID-19 Related Layoff Variances Through New Online Portal

In a helpful move for employers struggling with the impact of COVID-19 on their business, employers and employees can now jointly apply to the Employment Standards Branch (“ESB”) for a variance to extend a temporary layoff beyond what is currently permitted under the BC Employment Standards Act (the “Act”) through a newly released online portal (the “Portal”).

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