Top 3 HR questions – answered
To address some of the most common questions, we've put together a list of the top 3 HR questions which we answer below.
constructive dismissal
Court rules that IDEL leave is NOT a constructive dismissal
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.
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.
