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.
infectious disease emergency leave
Employers must be aware of the recent amendments to the Ontario Employment Standard Act with the passing of Bill 284: COVID-19 Putting Workers First Act, 2021 on April 29th, 2021. This Bill provides three days of paid leave for employees for reasons relating to COVID-19. Employers must be aware of these new infectious disease emergency leave considerations.
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.