The provincial government has extended Infectious Disease Emergency Leave (“IDEL”) (now until September 25, 2021). This pushes the deemed termination of employees under the ESA back to year-end 2021 at the earliest. Merry Christmas…
Ontario Courts recently released competing decisions regarding employee rights to commence claims of constructive dismissal when placed on IDEL. Can they or can’t they? Hint: they arguably must be able to where the employer fails the second branch of the legal test for constructive dismissal. A decision from the Court of Appeal may be required. If IDEL supplants employee rights to sue for constructive dismissal, does that reset the clock for the commencement of such claims by employees not recalled when IDEL ends? Employers beware.
We have and continue to successfully resolve employee departures for our clients. The key is to apply all of the law to all of the facts. (See our analysis here)
Don’t get a best guess, get excellent advice.