MENTAL HEALTH AND ADDICTION SERVICES IN CKL - NEW EMERGENCY ORDER - MORE FLEXIBILITY TO PROVIDE ASSISTANCE TO THOSE IN NEED

New Ontario emergency order affecting employers who provide mental health and addiction services (“Mental Health Agencies”), per Ontario’s Emergency Management and Civil Protection Act: 
 
Mental Health Agencies now have broad discretion and flexibility to take “any reasonably necessary measure to respond to, prevent and alleviate the outbreak” of COVID-19 and “to respond to consequences arising from” COVID-19, including: 
• redeploy staff within different locations, despite collective bargaining agreements; 
• change the assignment of work, which can include assigning non-bargaining unit employees or contractors to perform bargaining unit work; 
• change scheduling or shift assignments; 
• defer or cancel vacations, absences or other leaves (regardless of whether such vacations, absences or leaves are established by statute, regulation, agreement or otherwise); 
• employ extra staff (whether full time, part time, temporary, contractors, volunteers) to perform work, including bargaining unit work; 
• provide training or education as needed to staff and volunteers to “achieve the purposes of a redeployment plan”; 
• conduct “skills and experience inventories” to identify alternative roles for staff “in priority areas”; and 
• collect information from staff about their availability to provide services including their health conditions or exposure to COVID-19. 
These steps are permitted even if contrary to any collective bargaining agreements currently in effect. 
If there were a grievance by a union, it is deemed to be suspended during Ontario’s State of Emergency.   

Thank you for reading this - Calvin Chan of WARDS LAWYERS PC.

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