Pak Smith Employment Lawyers
140 Yonge Street, Suite 200 M5C 1X6 Toronto, ON, Canada

We have been practising employment & labour law for well over a decade now, but we are very excited to celebrate the 1-year anniversary of the launch of our Firm! This is an exciting milestone for us. It’s been quite the year including navigating an ongoing pandemic but we are very appreciative to our clients, family, friends, and of course our Team for making our first year as a Firm such an incredible success. Thank you one and all for continuing to put your trust in us for all of your employment law needs. Once the world regains a bit more normalcy, we hope to celebrate in person with all of you. #paksmith #employmentlaw #milestone

Despite the significant reduction in new COVID-19 cases and Ontario's Stage 3 status , employees remain fearful that a return to work is unsafe due to concerns related to their daily commute to and from work. Many are asking whether they have a right to refuse work because of the safety issues relating to their daily commute on public transit. Read on at: https://paksmithlaw.com/a/im-afraid-to-take-transit-to-work #covid19 #paksmith #employmentlaw

This week, our partner Jonquille Pak delivered a presentation to the United Way and United Way-funded agencies in Greater Toronto on COVID-19 related employment law issues. It is a pleasure to provide support for organizations helping our most vulnerable residents during these uncertain times.

Effective July 7, 2020, the City of Toronto Bylaw (Bill 511) has made masks mandatory in indoor spaces until at least September 30, 2020. Most employers and private businesses must now require that all employees (as well as visitors to the premises) wear masks or other face coverings within the workplace in effort to combat the transmission of COVID-19. Signs are to be posted indicating that masks are mandatory. Toronto-based employers should review and update their COVID-1...9 safety protocols accordingly. There are some limited exemptions for employees and members of the public: for example, for individuals with an underlying medical condition that inhibits their ability to wear a mask or face covering, those who are unable to place or remove a mask or face covering without assistance, those who are reasonably accommodated by not wearing a mask or face covering in accordance with the Ontario Human Rights Code, and employees and agents of the person responsible for the establishment within an area designated for them and not for public access, or within or behind a physical barrier. This last exemption does suggest that employees of the establishment (or those authorized as their agents) would not have to wear masks if they are in an area to which the public has no access, an area designated just for them, or if they are behind a physical barrier such as plexiglass. Notably, other than asking the person to leave pursuant to the Trespass to Property Act or calling the police if a business owner or employee felt their safety was in jeopardy, the bylaw appears to provide businesses with limited enforcement options if an individual refuses to wear a mask. Businesses also cannot ask for proof of exemption from wearing a mask. This particular bylaw is also only for the City of Toronto. However, as there is no mandatory order in place (as of right now) for the entire province of Ontario, other municipalities have already enacted (Mississauga, Simcoe-Muskoka, Kingston, Ottawa among others) or as of the date of this posting, are discussing enacting similar mandatory mask bylaws which are various stages of the implementation process (Brampton, Caledon, York Region, and Durham Region among others). Full language of the bylaw is found at: https://www.toronto.ca/legdocs/bills/2020/bill0511.pdf

Our partner and one of Toronto Law Association's Board of Directors, Waheeda Ekhlas Smith will be moderating this terrific panel discussion on July 14. See the link for more details: https://tlaonline.ca/viewEvent.html?productId=6556 #paksmith

Our partner Jonquille Pak recently presented at a webinar hosted by Ontario Council of Agencies Serving Immigrants - OCASI: "Right, Roles, Responsibilities of Employers: What you need to know about resuming in-person service delivery during COVID-19 recovery stages" https://settlementatwork.org//right-roles-responsibilities #employmentlaw #covid19 #paksmith

BREAKING: Significant new development for wrongful dismissal law. Ontario Court of Appeal rules that: 1. ‘Termination for Cause’ provision that violates the Employment Standards Act, 2000 renders all other termination provisions in the contract void. Therefore, a section governing termination without cause is also rendered null and void by a separate ‘termination for cause’ provision. These clauses must be read together, even if they are in separate sections or parts of ...the contract. In other words, if one of the termination clauses is unenforceable, they are all unenforceable. 2. A severability provision will not save a termination clause that is void for violating the Ontario Employment Standards Act, 2000. Employers should review and update their employment contracts in light of these developments. This is generally a very favourable decision for employees. Most contracts provide that an employee is not entitled to any notice or severance upon termination for cause. This decision may have the effect of invalidating termination provisions commonly seen in employment contracts. https://www.canlii.org///2020/2020onca391/2020onca391.html #wrongfuldismissal #employmentlaw #paksmith

Pak Smith Employment Lawyers was asked by The Toronto Star to comment on the legality of a letter sent by Pay2day then-CEO to his employees against Black Lives Matter. https://www.thestar.com//pay2day-ceo-resigns-after-sending When the CEO sends a message on behalf of the Company and not just as a private citizen, there are consequences associated with that opinion. He knew or ought to have known that his comments were unwelcome and reasonably offensive to employees, parti...cularly black employees and those who support the BLM movement. The Ontario Human Rights Code safeguards the right of employees to be treated with dignity and respect, regardless of their race, colour or ethnic origin. #paksmith #employmentlaw #ontariohumanrightscode

In today's Globe and Mail, Pak Smith Employment Lawyers answer the topical question: I have a medical condition and can’t wear a mask at work. Will I be fired? https://www.theglobeandmail.com//article-i-have-a-medical/ ETA: Now also posted on our website: https://paksmithlaw.com//medical-condition-and-cant-wear-a... #covid19 #employmentlaw

BREAKING: New regulation passed on May 29, 2020 by Ontario government under the Employment Standards Act states that temporary reduction or elimination of employee’s hours of work due to COVID-19 is *not* a constructive dismissal. Also any layoff because of COVID-19 can now generally be considered an Emergency Leave. https://www.ontario.ca/laws/regulation/r20228 #employmentlaw #paksmith #constructivedismissal

COVID-19: What happens if my employer goes bankrupt? https://paksmithlaw.com//what-happens-if-my-employer-goes- #covid19 #coronavirus #bankrupt #paksmithlaw

The federal government announced on May 15, 2020 that it is extending the Canada Emergency Wage Subsidy (CEWS) to August 29, 2020. Also, a number of additional groups will now be eligible to receive the CEWS including private schools and colleges. The government also intends to propose changes to assist additional employers including those with seasonal employees. https://www.canada.ca//government-extends-the-canada-emerg

COVID-19: Can I be Forced to Work if I Feel Unsafe?https://paksmithlaw.com//can-i-be-forced-to-work-if-i-feel #paksmith #COVID19 #Coronovirus #employmentlaw #OHSA