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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 detailed articles and
commentary:
Ontario Superior Court recognized a new invasion of
privacy tort: publicity which places the plaintiff in a false
light in the public eye.
The recognition by Ontario s Superior Court of the new false light privacy tort in a family law case,
, was significant to employers. The
In
Christian Labour Association of Canada v. Caressant Care
Nursing & Retirement Homes (D. Randall), a union filed a
group grievance on behalf of a number of its members working at an
Ontario retirement home to challenge the reasonableness of a policy
imposing bi-weekly COVID testing on all staff. In a December 9,
2020 decision, the arbitrator dismissed the
grievance on the basis that the policy is reasonable when the
privacy intrusion is weighed against the objective of preventing
the spread of COVID in the retirement home.
Background
Residents of the retirement home live independently with minimal
to moderate support. There were no positive cases of COVID
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On January 5, 2021, California s 2021 emergency paid sick
leave landscape became clearer as San Jose enacted a revised emergency paid sick leave ordinance,
and Los Angeles County directed staff to prepare a proposal to
revise its currently expired ordinance. Additionally, officials in
Santa Rosa and Oakland have calendared discussions concerning what
to do with their expired laws.
San Jose Revised COVID-19 Paid Sick Leave Ordinance
(RCPSL)
Similar to the first time San Jose passed a COVID-19 sick leave
ordinance, the San Jose City Council and mayor unanimously enacted
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On January 4, 2021, Toronto s Medical Officer of Health, Dr.
Eileen de Villa, announced new measures for Toronto workplaces to
minimize the spread of COVID-19. Effective immediately, there are
new reporting requirements, infection prevention measures, and a
system to publicly report on workplace related outbreaks.
Employers must immediately notify Toronto Public Health once
aware of two or more people who test positive for COVID-19 within a
14-day interval in connection with the workplace premises. On the
occurrence of two positive cases within the noted interval,
employers must also:
In
Garda Grievance), a labour arbitrator dismissed a
grievance pertaining to the for-cause dismissal of a unionized
employee who continued to work at an airport while awaiting
COVID-19 test results. The arbitrator determined that the
grievor was aware of and violated her employer s guidelines and
Public Health Agency of Canada s COVID-19 guidelines
(Guidelines) when she went to work after being tested for COVID-19
and while waiting for her results, rather than self-isolating as
she was required to do. The arbitrator concluded that these
actions justified her for-cause dismissal.
Background
On March 27, 2020, the employer shared with its employees the
Guidelines, which require isolation while waiting for a COVID-19