CHAUDHRI: Most compelling employment law stories of 2020
Looking back on 2020 we saw major changes to employment law and some trends that continue to ring true.
With Black Lives Matter, #metoo and of course COVID, let’s review the most compelling employment stories of the year. Perhaps the best lessons we learned were from the worst offenders.
Last week we covered the allegations against Peter Nygard, to which I received a resounding reader response, including some of the following comments:
“There is (a) two-tier system of justice. One for (the) rich and resourceful, who can get his way by appointing a high-profile legal team to cover up by twisting the law for their convenience.”
“The problem with sex assault is the victims won’t come forward. That’s a fact.”
Lesson 1 from 2020: Don’t assume #metoo is a thing of the past. It has instead evolved to offer victims myriad of remedies beyond the criminal aspect of sexual misconduct, including powerful class actions in the civil courts.
In November, we covered the story of Toronto MP Yasmin Ratansi, who made news after she used public funds to employ her sister, all the while actively concealing it from the public, and leading Prime Minister Trudeau to denounce the deliberate misconduct as “unacceptable.” Ratansi left the Liberal caucus, however, she is still in power, but as an Indepedent MP and currently under investigation.
Lesson 2 from 2020: Consequences to rogue employees must be served up quickly. Lengthy investigations erode confidence in the investigation process and possibly the integrity of the investigation itself. An unfortunate reality is that government “executives” still are not held to the same bar as executives in the private sphere.
Speaking of executives, this summer we discussed the story of Michael Warrington, the golf course CFO who was axed from his company after a social media post went viral of him using racial expletives toward another golfing duo at the Georgetown Golf Club.
Lesson 3 from 2020: #BlackLivesMatter is now firmly entrenched in the world of employment. Marquis employees that harbour anti-diversity, anti-inclusive views will not, and cannot survive the movement that has changed the world of work forever.
We covered many COVID stories this year but perhaps none were more polarizing than the story of Adamson BBQ. You will recall that the restaurant owner Adam Skelly publicly defied municipal lockdown orders, keeping his restaurant’s doors open for dine-in service in late November. Skelly was arrested after ignoring police orders to shut his restaurant down for the remainder of the lockdown.
Lesson 4 from 2020: Small business will have its say. As a provincial lockdown has just been announced that will extend well into January, we can expect more organized, sophisticated legal challenges from small and medium-size business groups to the lockdown orders with employee impact as a central issue before the courts.
Lastly, a new COVID story is swirling around self-help guru Tony Robbins who was sued in New York federal court by an employee, Despina Kosta, claiming that Robbins and his company failed to accommodate her medical restrictions, including cutting her recovery time short after being hospitalized with COVID.
Lesson 5 for 2020: While the allegations against Robbins and his company have yet to be tested in court, the onus on employers to accommodate those with COVID and symptoms of COVID is a high burden. While this accommodation creates unprecedented strain on business, the consequences of failing to accommodate employee absences related to the pandemic can result in serious financial downfall as well as a PR scandal that may impact your business beyond measure.
On to your questions from this week:
Q. I don’t understand how the coming provincial lockdown and the municipal colour codes are different. Is it possible my work will close?
A. If your workplace is nonessential it is possible that your workplace will close and you could be laid off or asked to work from home. Ask your employer what it’s plan is for employees until the provincial lockdown in your area is set to end.
Q. I hate to admit this but I have had a mild cough here and there in the last 6 months. I haven’t reported it to work, although I know all the rules say I should. I don’t because firstly it usually disappears in a day or 2 and I am scared that I will be forced to stay home for 14 days without pay. Any advice?
A. Report the symptom to your workplace when it comes up and offer to head straight to a testing center. Go home until then and monitor your symptoms. COVID testing has come a long way and many are getting results to folks within 24 hours. Ultimately you may be home for a few days until your symptoms resolve and you get your test back. Either way it shouldn’t be 14 days if it is just a cough. For the time you are required to stay home you can seek EI sick leave pay for the time you’re home so you won’t completely be out of pocket.
Email me at at schaudhri@lscslaw.com with your workplace question and it may be featured in a future column. Till then, Merry Christmas and happy New Years my friends.