Check-in on the Impact of COVID-19 on Wrongful Dismissal Litigation

The COVID-19 pandemic has had a broad-ranging impact on employment law since March 2020. Now that we are 18 months into the pandemic, employers may find it helpful to have a check-in on how Canadian courts have, to date, considered the impact of the pandemic on wrongful dismissal claims arising from layoffs and terminations during…

Ontario Announces Further Extension of Temporary Relief from ESA Termination and Severance Provisions

Effective September 16, 2021, the Ontario government has extended the temporary relief measures from the termination and severance provisions of the Employment Standards Act, 2000 (ESA) until January 1, 2022. The temporary measures are found in Ontario Regulation 228/20, Infectious Disease Emergency Leave (IDEL Regulation), which has been amended to define the “COVID-19 period” as…

Ontario Requires Proof of Vaccination in Certain Settings, and More

On September 1, 2021, the Ontario government announced that it will require individuals to provide proof of vaccination in order to access designated public settings, beginning on September 22, 2021. Regulatory amendments have also been filed regarding the paid Infectious Disease Emergency Leave (IDEL) and the indoor instructional space at post-secondary institutions requirements in the…

Court Finds IDEL Regulation Under ESA Precludes Constructive Dismissal Claim at Common Law

In Taylor v. Hanley Hospitality Inc., the Ontario Superior Court considered the interaction between the Infectious Disease Emergency Leave regulation (IDEL Regulation) made under the Employment Standards Act, 2000 (ESA) and a claim for constructive dismissal at common law. It held that the IDEL Regulation precludes a constructive dismissal claim where employees’ hours are reduced…

Details about WSIB Reimbursement Process for Paid IDEL Now Available

On April 29, 2021, the Ontario government amended the Employment Standards Act, 2000 to provide paid infectious disease emergency leave (IDEL) for certain absences related to COVID-19. Employers who provide paid IDEL to eligible employees are entitled to reimbursement through the Workplace Safety and Insurance Board (WSIB), up to $200 per employee per day taken….

Ontario Enacts Legislation to Provide Paid Leave for Reasons Related to COVID-19

On April 29, 2021, the Ontario government tabled and passed Bill 284, COVID-19 Putting Workers First Act, 2021 (Bill). The Bill amends the Employment Standards Act, 2000 (ESA) to provide eligible employees with up to three days of paid emergency leave in circumstances of absences relating to a designated infectious disease (Paid IDEL). As readers…

Reaching Out – Fifteenth Edition

Dear Friends, We are back with another edition of Reaching Out. With 2020 behind us and some light at the end of the COVID-19 pandemic tunnel, we thought it appropriate to reconnect with our Social Services clients with a Spring edition of Reaching Out. We chose not to publish Reaching Out last year as we…

Ontario Government Provides Temporary Relief from ESA Termination and Severance Provisions in Response to COVID-19

On Friday, May 29, 2020, the Ontario government published a new regulation under the Employment Standards Act, 2000 (ESA) that is intended to provide temporary relief from the ESA’s termination and severance provisions for employers whose operations have been shut down or otherwise curtailed by COVID-19 – O. Reg. 228/20, Infectious Disease Emergency Leave (IDEL Regulation).