First Reference Talks

Discussions on Human Resources, Employment Law, Payroll and Internal Controls

infectious disease emergency leave

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.

By | 4 Minutes Read

Moving towards a second lockdown: Employment considerations

COVID-19 continues to have a dramatic impact on both our economy and social interactions as we face a potential second lockdown. With most workplaces functioning and schools reopening, we have started to see an uptick in new COVID-19 cases. With the increase in infections comes an overall increase in health risks, and as such, the Government of Ontario has responded by re-introducing modified Stage Two measures in some hotspot areas, including the reduction of gathering limits and the closure of indoor dining. Accordingly, it is possible that we may continue to see our progress towards returning to our “new normal” slow down and even revert to more restrictive temporary norms.

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