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GWL Webinar

Thank you to everyone who attended our first of many Luncheon Webinar!

Here are the key takeaways:

1. Changes to Canada’s Work-Sharing Program

Purpose: To help employers avoid layoffs during temporary downturns beyond their control.
Mechanism: Employees work reduced hours, sharing available work, and receive EI benefits to offset lost income.

Standard Program:

  • Duration: 6–26 weeks (up to 38 weeks with extension)

  • Requires a cooling-off period equal to the previous agreement's duration

  • Eligibility: 2+ years in business, ~10% decline in activity, 2+ core employees willing to reduce hours equally

Temporary Expansions (Mar 7, 2025 – Mar 6, 2026):

  • Extended to 76 weeks

  • No cooling-off period

  • Includes newer businesses (1+ year), seasonal/cyclical employers, non-profits

  • Accepts <10% decline in business activity

  • Removes the 60% cap on EI support for lost hours

Key Considerations:

  • Employee consent must be voluntary and in writing

  • Discuss risk of layoffs transparently

  • Avoid coercion or threats

2. Termination Clauses in Employment Contracts

Legal Landscape Shift:

  • Waksdale v. Swegon (2020): Termination clauses must be interpreted “as a whole” and comply fully with ESA

  • Dufault v. Ignace (2024): Clauses invalidated for not referencing ESA misconduct standard, omitting full compensation definition, and using language like “sole discretion”

Revisions Needed:

  • Update “just cause” definitions

  • Reference all non-discretionary compensation

  • Eliminate vague employer powers

Positive Update:

  • Bertsch v. Datastealth (2024) upheld a termination clause limited to ESA minimums as enforceable if clear and ESA-compliant

  • Practical Tip: Use a simplified “Datastealth clause” for ESA-based termination language

3. Leaves of Absence Under ESA

General Info:

  • All statutory leaves are job-protected, though mostly unpaid

  • Each leave has unique eligibility and duration

Types of Leaves:

  • Short-term: Sick, family responsibility

  • Long-term: Pregnancy, parental, critical illness, family medical, etc.

  • Emergency: Domestic/sexual violence, bereavement

  • Specialized: Reservist, organ donor

Employer Duties:

  • Confirm eligibility (request reasonable documentation)

  • Provide leave in writing

  • Continue benefits unless waived in writing

  • Rehire to the same or comparable job

  • Do not penalize for leave requests

Best Practices:

  • Internal leave policies

  • Manager training

  • Documentation

  • Contingency planning

  • Clear and ongoing communication

4. Working for Workers Acts 4–7

Key Updates:

ESA and WSIA:

  • Effective July 1, 2025: Employers must maintain clean, sanitary washrooms and keep cleaning logs

  • Effective Jan 1, 2026: Must post records showing the two most recent cleanings

Digital Platform Workers’ Rights Act:

  • In force July 1, 2025: Grants rights to digital platform workers (e.g., gig economy)

Bill 30 (Working for Workers Seven Act, 2025):

  • Introduced May 28, 2025

  • Contains proposed legislative changes (details pending)

Presented by Ruben Goulart, Christine Krueger, Jennifer Philpott and Arshad Auckbarallee.

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