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common law

By | 2 Minutes Read

Employment contracts in Ontario FAQ

When it comes to employment contracts in Ontario, details and specifics matter. The myriad of nuances that can dramatically affect liability and risk make employment contracts a topic that we often receive questions about. This Employment Contract FAQ covers some of the most common questions.

By | 5 Minutes Read

Court finds that IDEL temporary layoff is constructive dismissal under common law

In Coutinho v Ocular Health Centre (2021 ONSC 3076) Justice Broad was faced with an issue that has become of vital importance in Ontario, namely whether a temporary layoff under the ESA (now called Infectious Disease Emergency Leave) constituted a constructive dismissal under the common law.

By | 3 Minutes Read

IDEL, the common law, and COVID-19

Much attention has recently been given to the Ontario Superior Court of Justice decision in Coutinho v. Ocular Health Centre Ltd., 2021 ONSC 3076 (“Coutinho”). The reason for this is simple; Coutinho is the first court judgment in Ontario to address how Infectious Disease Emergency Leave (“IDEL”), introduced by the Ford government in May 2020, affects traditional employee rights.

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Established in 1995, First Reference is the leading publisher of up to date, practical and authoritative HR compliance and policy databases that are essential to ensure organizations meet their due diligence and duty of care requirements.

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