In Maticevic v Bank of Montreal, the Adjudicator had to determine the damages owing to an employee who had been out of work for 29 months following an unjust dismissal. The Adjudicator found that the employee was too sick to work for about 22 months, but that he had no good excuse for the other 7 months, so he reduced the compensation by 25%.
After seeing the Infectious Disease Emergency Leave (IDEL) in action for a few months, the Ministry of Labour has expanded guidance on how and when the IDEL can be used, specifically with respect to caregiving responsibilities as they relate to schools and daycares.
Earlier this year, the Ontario Court of Appeal in Waksdale v Swegon North America Inc. struck down a termination clause. This was not groundbreaking as this court has struck down a number of termination clauses in recent years.