Articles

Ontario Courts Disagree About Constructive Dismissal

Recently we sent out an Alert outlining how the current Infectious Disease Emergency Leave (“IDEL”) could be considered constructive dismissal at common law. Well there appears to be a disagreement about whether that is in fact the case. In the just released Taylor v. Hanley Hospitality Inc. decision (the “Hanley Hospitality Decision”), Justice Ferguson held...

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Ontario Extends Deemed IDEL Yet Again

The Ontario government has once again extended the deemed Infectious Disease Emergency Leave (“IDEL”), which had been set to expire on July 3rd, 2021, and now will end on September 25, 2021. This is good news for employers who have employees on this job-protected leave and are not prepared to bring them back in the...

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BC, Nova Scotia and PEI Approve Paid Sick Leave

British Columbia Following in Ontario’s footsteps, British Colombia now requires employers to provide employees with up to three paid sick days where they stay home for the following reasons: Diagnosed with COVID-19 Waiting for COVID-19 test results Need to self-isolate or self-monitor Following a public health order Directed to stay home by the employer because...

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Attention Ontario Employers: Court confirms IDEL a Constructive Dismissal at Common Law

A recent Ontario case (Coutinho v. Ocular Health Centre Ltd.) has confirmed what most employment lawyers had suspected – placing an employee on a deemed Infectious Disease Emergency Leave (“IDEL”) can constitute a constructive dismissal at common law. By way of reminder, deemed IDEL is essentially a temporary layoff due to COVID-19 reasons (i.e. when...

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Further Information on Ontario’s Paid Sick Days

As a follow-up to our April 30th Alert where we outlined the new COVID-19 Putting Workers First Act, which required employers to provide three paid sick days to most of their employees, we now have further clarity from the Ministry of Labour regarding when an employer will be exempt from providing some or all of...

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Ontario Approves Paid Sick Days

The Ontario government has passed the new COVID-19 Putting Workers First Act, which will mandate employers to provide three paid sick days to most employees. Provincially regulated employees (federally regulated employees do no not qualify for these days) will be able to take these three days if they are: going for a COVID-19 test staying...

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Alberta Requires Paid Time off for Jab

Following last week’s e-Alert, where we noted that Alberta was expanding its unpaid personal and family responsibility leave to include getting the COVID-19 vaccine, the province has now changed course and will allow for three hours of paid time off to get the jab. This has already taken effect. As a recap, Saskatchewan and Alberta...

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