In 2021, Canada saw significant statutory and case law developments in labour and employment law, some of which related to COVID-19. This Insight provides an overview of key 2021 developments, with links to more detailed articles and commentary.
A female applicant applies for a job that was widely advertised. During her interview she insists on being paid $100,000. The employer agrees, although it employs a male doing substantially similar work for $125,000. Does this violate the EPA?
On November 18, 2021, the Biden administration resurrected an executive order first issued by President Obama that the Trump administration had subsequently rescinded.
In mid-November, the UAE Cabinet approved a new Labour Law, Federal Law Number 33 of 2021 (the New Labour Law) which will come into force on 2 February 2022 and repeals Law Number 8 of 1980 (the Old Law), replacing it entirely.
The Court of Appeal of Ontario recently overturned the lower court decision when it concluded that an employee did in fact sexually harass his co-worker and his for-cause dismissal was justified.
A Dutch court dismissed an employer’s petition to dissolve an employment contract because the employee reported he was sick, as contract dissolution during illness is prohibited, even though the report was made after the employer first moved for dismissal
For the past several years, companies have been focused on creating and executing meaningful diversity, equity and inclusion (DE&I) programs to address the multi-faceted challenges—and opportunities—of diversifying their workforces.
"Clawback clauses" state that employees must refund all or part of their variable bonus if it is determined that the bonus should not have been paid out in the first place. Contractual clawbacks had a part to play in three recent court rulings.
On October 15, 2021, Employment and Social Development Canada updated its website with information for employers, to provide updated guidance regarding how employers should fill out Records of Employment.
