Covid-19 | MacLeod Law Firm

Does Unpaid IDEL Trigger a Constructive Dismissal? Court Declines to Answer

Doug MacLeod — Tue, 24 May 2022 14:00:29 +0000

In a recent case, Taylor v. Hanley Hospitality Inc., 2022 ONCA 376, both lawyers asked a three judge panel of the Ontario Court of Appeal (OCA) to decide whether a law which allows an employer to force an employee to take an unpaid leave under the ESA’s IDEL regulation, which is in effect during the COVID pandemic, is NOT a constructive dismissal under the ESA, nevertheless is still a constructive…

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Non-Compliance with Mandatory COVID Vaccine Policies

Doug MacLeod — Tue, 19 Oct 2021 14:07:52 +0000

In the last month or two many (if not most) organizations have introduced a mandatory COVID vaccination or/or a COVID negative policy. A mandatory vaccination policy requires an employee to get double vaccinated, whereas a COVID negative policy requires an employee to regularly test negative for COVID. A mandatory COVID vaccine policy must exempt those who qualify for an exemption for medical…

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The end of IDEL ( i.e. COVID layoffs) under the Employment Standard Act: The Great Reckoning

Doug MacLeod — Tue, 27 Jul 2021 14:00:49 +0000

Some employers have benefitted from COVID and others have not. The federal government has supported the “have not” employers with a 75% wage subsidy. But it is scheduled to come to an end in September. So I have been getting calls from employers who cannot maintain their workforce without these subsidies. Some owners have decided to shut down the business, some are selling the business…

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The Impact of COVID-19 on Wrongful Dismissal

MacLeod Law Firm — Fri, 29 Jan 2021 15:00:49 +0000

With the significant number of terminations that have occurred throughout 2020 due to Covid-19, many employees are asking whether Covid-19 affects their wrongful dismissal rights. We have been waiting for the courts to provide guidance on the impact of Covid-19 on wrongful dismissal cases. A recent decision gave some initial guidance. The Case – Termination before Covid-19 In Yee v Hudson’s…

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Paid Sick Leave? Sort of

MacLeod Law Firm — Tue, 13 Oct 2020 13:46:49 +0000

Paid Sick Leave? Sort of With the numbers of COVID-19 cases rising again, especially in the GTA, many employees are asking me as a Toronto employment lawyer what happens if they become sick and they are forced to stay home for 14 days. Following the end of the Canada Emergency Response Benefit, the federal government introduced three new benefits to address issues related to leave from work…

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Employment Contracts in the COVID-19 World

Doug MacLeod — Tue, 14 Jul 2020 13:53:14 +0000

It’s been four months since COVID-19 changed our world. I thought Ontario would be shut down for two weeks, but I was so wrong. There is no end in sight. Many large non-manufacturers have already decided that employees will not return to the office until at least next year. Remote working will become part of the new normal for many employees. This will create all kinds of human resources…

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Constructive Dismissal and Covid-19

MacLeod Law Firm — Mon, 13 Jul 2020 18:32:40 +0000

Constructive Dismissal and Covid-19 Over the past few months, we have received many questions from concerned employees about changes to their jobs and constructive dismissal. Some have experienced reductions in hours, others have had their pay cut, others are being asked to complete new or different tasks. Everyone, however, has the same question. Do I have a legal case because of these…

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COVID-19 Update: Do Reduced Hours of Work or a Temporary Lay Off Constitute a Termination or a Constructive Dismissal? The legal waters just got murkier

Doug MacLeod — Tue, 02 Jun 2020 15:32:45 +0000

The Ontario government has just amended the Employment Standards Act (the “ESA”) to address reduced hours of work and layoffs caused by COVID-19. A copy of the new law is found here. Essentially, the definition of temporary layoff and constructive dismissal under the ESA has been amended from March 1, 2020 until six weeks after the state of emergency has ended. Employees are deemed to be on…

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COVID-19 Update: New Ministry of Labour Guidelines for Reopening of Workplaces

Doug MacLeod — Mon, 04 May 2020 13:55:22 +0000

The New Guidelines On Thursday, April 30, the Ontario government issued safety guidelines for employers on how to protect employees as the province prepares for a gradual reopening of workplaces. There are guidelines for five (5) sectors; namely, food services, manufacturing, agriculture, construction and long-term care. The sector guidelines contain recommendations and tips for employers…

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Covid-19 | MacLeod Law Firm

Does Unpaid IDEL Trigger a Constructive Dismissal? Court Declines to Answer

Top 5 Employment Law Stories of 2021

Non-Compliance with Mandatory COVID Vaccine Policies

The end of IDEL ( i.e. COVID layoffs) under the Employment Standard Act: The Great Reckoning

The Impact of COVID-19 on Wrongful Dismissal

Paid Sick Leave? Sort of

Employment Contracts in the COVID-19 World

Constructive Dismissal and Covid-19

COVID-19 Update: Do Reduced Hours of Work or a Temporary Lay Off Constitute a Termination or a Constructive Dismissal? The legal waters just got murkier

COVID-19 Update: New Ministry of Labour Guidelines for Reopening of Workplaces