In Taylor v Hanley Hospitality (2021 ONSC 3135) released June 7, 2021, Ferguson J. ruled that Coutinho v Ocular Health Centre (20121 ONSC 3076) was wrongly decided and thus does not have to be followed. The Plaintiff was put on IDEL leave on March 27, 2020, then recalled and returned to work on September 3, 2020.
In Ontario, employees are presumptively entitled to receive reasonable advance notice of their dismissal from employment, or payment in lieu thereof. To assess what will be “reasonable” in any given circumstance, the courts are guided by a seminal court case from 1960 – Bardal v. Globe & Mail Ltd.
Over the last decade, the federal and Manitoba governments have introduced many new employee leaves, which are continually changing. The pandemic has resulted in further additions and changes to leave legislation.