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Over the past months, the Government of Ontario enacted multiple
amendments to regulations made under the
Laboratory and
Specimen Collection Centre Licensing Act (the LSCCLA ). These amendments eased certain legislative
restrictions on diagnostic testing for COVID-19 and formed part of
the provincial government s approach to enable rapid testing
for COVID-19 in the province.
The
Laboratory and Specimen Collection Centre Licensing
Act
In Ontario, specimen collection centres and laboratories are
governed by the LSCCLA and the regulations made
thereunder.
1 The LSCCLA provides for the licensing,
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Introduction – Self-Employed Canadians May Not Have to
Repay the Canada Emergency Response Benefit & Interest Relief
for COVID-19 Income Support Recipients
In December 2020, the Canada Revenue Agency (CRA) issued over
650,000 letters to many self-employed Canadians regarding the
repayment of the Canada Emergency Response Benefit (CERB). In
particular, the CRA focused on contacting CERB recipients for whom
it could not confirm (1) employment or (2) net self-employment
income of at least $5,000 earned in 2019 or the 12 months prior to
applying to CERB, which is one of CERB s eligibility criteria.
JobKeeper has been a lifesaver for many people and
companies.
However, by the end of 2020, as COVID-19 restrictions started to
ease and work increased, a different issue emerged –
JobKeeper employees refusing to attend work.
A recent decision of the Fair Work Commission provides some
reassurance and guidance to employers in this situation, upholding
dismissal of a casual employee receiving JobKeeper payments
throughout most of 2020 but who did not make himself available to
work.
Background
Mr Howard was employed by Pinnacle People, a labour hire
company. He had worked a regular and systematic pattern of
engagement in various hospitality positions up until 7 March 2020,
Bottom Line
Approaching the one-year mark of the COVID-19 pandemic, cases
that deal with the termination of employees for reasons related to
the pandemic are continuing to work their way through the courts
and other adjudicative processes. However, in what amounts to good
news for employers, several early arbitration awards have upheld
the discharge of employees for violations of workplace protocols
aimed at preventing the spread of COVID-19.
The Carrier Award
In
LIUNA, Local 183 v Aecon Industrial, 2020
CanLII 91950 (the “Carrier Award”), the grievor was a
construction worker and had been working at the jobsite in question
for five years at the time of his termination. On April 9, 2020,
The European Commission has launched a six-week consultation with unions and employer bodies on how to improve working conditions for digital platform workers.