COVID-19 played a prominent role in the employment world in 2021

The pandemic continued to play a role in the employment world in 2021 as Toronto employment lawyer Ellen Low, principal of Ellen Low & Co, tackled a number of evolving issues.

In January, Low told LegalMattersCanada.ca that ending an employment relationship before it begins can come at a cost, which is why it is wise to seek legal advice. Revoking an offer of employment is not necessarily a simple matter

Determining how to tie exceptional circumstances to a fair severance package can be difficult to predict as illustrated by a court decision involving a 73-year-old who spent decades as a radio broadcaster, she observed in February. Exceptional circumstances in employment law not easily defined

In March, Low pointed out that egregious acts of discrimination can be costly as one employer learned with a B.C. Human Rights Tribunal award of almost $1 million. Employer learns the high price of workplace discrimination

Family status and accommodation rights

She noted in March that determining an employee’s family status and accommodation rights under the Ontario Human Rights Code can be challenging, especially in the middle of a pandemic. ‘Always a balancing act’ when it comes to family status rights

In June Low explained that virtual mediation forced on the legal profession at the outset of the coronavirus lockdown is not only an effective alternative to in-person meetings but will continue to be a good option long after the pandemic ends. Videoconferencing proving to be an effective option in mediation

Contradictory court judgments did little to alleviate the confusion surrounding temporary layoffs during the coronavirus pandemic, leaving some employers and employees “in limbo,” she wrote in July. Court decisions cause more confusion when it comes to layoffs

In August Low looked at the impact of new federal workplace equity legislation on women in the workplace. Federal workplace equity laws ‘a step in the right direction’

Examining COVID-19 vaccination policies

She took aim at workplace COVID-19 vaccination policies in September, saying they appear to be the way of the future so it is important for employers to understand their rights and responsibilities. Facing the challenge of mandatory workplace vaccination policies

An Ontario Superior Court decision that upheld termination provisions in an employee’s contract that were claimed to be in violation of minimum labour standards demonstrates the need to review such agreements to keep up with the times, Low noted in October. Equal bargaining power at heart of termination clause judgment

Legislation proposed by the Ontario government offers some “employee-friendly” provisions, she said in November, but more details are necessary to determine if it can deliver on its promises or if it is simply window dressing. Right to disconnect, non-compete clause at heart of planned legislation

In December, Low stated employers who fail to realize the importance of transgender identity not only do their employees a disservice but could find themselves answering to the Human Rights Tribunal of Ontario. Preferred use of pronouns protected by human rights legislation