Ontario Courts are at a Standstill on whether Temporary Layoff without Employee's Consent is a Constructive Dismissal In a recent decision released last week, an Ontario court has now decided that an employee placed on a temporary layoff as a result of the COVID-19 pandemic is permitted under the
A Temporary Layoff Without Employee’s Permission is a Constructive Dismissal
Is the Dust Finally Settled? Ontario Court Rules an Unauthorized Temporary Layoff is a Constructive Dismissal In a recent decision, the Ontario Superior Court concluded that if an employer unilaterally decides to place an employee on a temporary layoff, it will amount to a constructive dismissal
Infectious Disease Emergency Leave Extended in Ontario – Impact on Constructive Dismissal Claims
As part of its response to the ongoing coronavirus (COVID-19) pandemic, the government introduced temporary changes to the Ontario Employment Standards Act, 2000 ("ESA"). Under O. Reg. 228/20: Infectious Disease Emergency Leave, the regulation amended the provisions of the ESA around temporary
Constructive Dismissal vs. Wrongful Dismissal in Ontario
When an employer officially terminates an employee from their employment, it can be in one of two ways: For Cause - the employer believes the employee committed serious misconduct in the performance of their job that justifies "firing" them immediately - with no prior notice or severance
Constructive Dismissal of Employees in Ontario: What is It? What Are Some Examples?
What is a Constructive Dismissal in Ontario? In employment law, a "constructive dismissal" means that an employer has acted in such a manner that it has essentially refused to perform its obligations under its employment contract with an employee. In other words, a constructive dismissal occurs
When is a Temporary Layoff Allowed? When is it a Constructive Dismissal?
Amid the COVID-19 pandemic and the significant economic disruptions on businesses across Canada, many employees were either terminated from their employment, or were placed on "temporary layoff" by their employers. While it may seem reasonable for employers to ask their employees to stay home while
Constructive Dismissal in Ontario – Major Changes to Your Job
Constructive Dismissal Sometimes, an employer decides to make major changes to an employee's job, without approval. When such changes are significant enough, and negatively impact an employee, there may be grounds for a claim of constructive dismissal in Ontario. However, under Ontario
Impact of Starting a New Job After Wrongful Dismissal under Ontario Employment Law
Starting a New Job after Termination: Implications for Severance Package Negotiations and Wrongful Dismissal Claims When an employee faces a wrongfully dismissal or constructively dismissal by their employer, the subsequent search for new employment can significantly impact the outcome of any