Articles about ‘Constructive Dismissal’

Ontario Superior Court Unclear on IDEL Interpretation

  • July 20, 2021
  • BakerLaw
  • Comments Off on Ontario Superior Court Unclear on IDEL Interpretation

The Ontario Superior Court has released its third decision involving whether or not Ontario’s Infectious Disease Emergency Leave Regulation (“IDEL”) under the Employment Standards Act (“ESA”) removes an employee’s right to sue for constructive dismissal at common law. » Read the rest

COVID-19 Temporary Layoffs Can Be Constructive Dismissal

  • May 20, 2021
  • BakerLaw
  • Comments Off on COVID-19 Temporary Layoffs Can Be Constructive Dismissal

On April 16th, 2021, the Superior Court of Ontario held that Ontario’s Infectious Disease Emergency Leave Regulation (IDEL) under the Employment Standards Act does not remove a laid-off employee’s common law right to sue for constructive dismissal.

The IDEL Regulation, which was enacted at the beginning of the COVID-19 pandemic, gave non-unionized employees the right to take unpaid, job-protected, infectious disease emergency leave if they were not performing the duties of their position because of reasons related to COVID-19. » Read the rest

Can You Get Your Bonus If You Are Wrongfully Terminated?

  • November 4, 2020
  • Khalid Mahdi
  • Comments Off on Can You Get Your Bonus If You Are Wrongfully Terminated?

In its recent decision: Matthews v. Ocean Nutrition Canada Limited, 2020 SCC 26 [Matthews], the Supreme Court of Canada confirmed that employees can receive bonuses and other benefits after being dismissed if they are payable during the reasonable notice period and if the contract does not preclude such payments. » Read the rest

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