Ontario Court rules temporary layoffs during COVID will not result in constructive dismissal As a response to the effects of the COVID pandemic in workplaces, the government of Ontario enacted changes to the Employment Standards Act. Under the new legislation, employees who were temporarily laid off during COVID, would not be considered constructively dismissed. Previously, […]
Update in Ontario Sick Pay Days Laws
The Ontario government announced that it is introducing new legislation to assist workers who are affected by the COVID pandemic, called the COVID-19 Worker Income Protection Benefit. The new law will require employers to provide employees with up to $200 dollars per day, for up to 3 days, if they are missing work because of […]
Constructive Dismissal A COVID Caselaw Update
As a result of the COVID pandemic, the government of Ontario modified the Employment Standards Act (ESA) to create a new form of leave, being the “Infectious Disease Emergency Leave”. The new regulations exempted employees who were temporarily laid off for reasons related to COVID, from eligibility to termination and severance pay. Instead, temporarily laid […]
Restrictive Covenants in Employment Agreements
In the employment context, the term “restrictive covenant” refers to terms in the employment agreement which attempt to limit what employees can do after the end of the employment relationship. Such terms may be enforceable where the employee quits his or her job, or where it is terminated, with or without cause. Generally speaking, restrictive […]
Employment Bonus After Termination
Are employees entitled to bonuses after the employment relationship is terminated? Upon the termination of employment without cause, being by no fault of the employee, the employee will generally be entitled to reasonable notice of termination or pay in lieu thereof, under the common law, or at the very least, to the minimum standards set […]
How will COVID affect notice of termination
Since the beginning of the COVID pandemic, given its severe negative effects on the job market, there has been an outstanding question of how Courts in Ontario will resolve employment termination cases in the context of the pandemic. Due to the time required from the day of termination until a matter is resolved in Court, […]