Employers making dismissal decisions would be best served with employment contracts that grant flexibility in these circumstances with a properly drafted layoff clause. Why? Because the current pandemic has proven that we are not always as prepared as we think we are and must always be prepared for the unexpected.
Over the past three months, as a result of COVID-19, jobs have been lost across Canada at an astonishing rate. While many industries have had to lay-off staff and downsize, others have thrived.
In the recent case of Sosnowsk v. MacEwen Petroleum Inc., the Ontario Court of Appeal confirmed that there must be exceptional factual circumstances in order to extend the deadline for commencing a wrongful dismissal claim.