Constructive dismissals during COVID-19
The Covid-19 pandemic has created unique challenges to the workplace environment where changing regulations and business realities have caused some employers to consider and implement layoffs.
Employment Standards
Waksdale followed voiding entire termination clause because of “just cause” reference
In Sewell v Provincial Fruit (2020 ONSC 4406) Mandhane J. had to determine if the following clause invalidated the termination provision of an employment contract:
Violating COVID-19 public health guidelines = Just cause
I have received many calls from employers asking what to do if an employee refuses to follow COVID-19 public health guidelines. In one case, an arbitrator upheld the discharge of a unionized employee who did not follow COVID public health guidelines.
