A Guide for Employers during COVID-19 This Guide sets out the key employment law issues to consider, as well as the government's financial relief options to explore to get through this deep economic crisis. (Last Updated May 26, 2021) Further free resources can be found here. Should you need legal advice on how to manage your workplace during the COVID-19 outbreak, please get in touch.
Photo by Mufid Majnun on Unsplash
We’ve discussed the unpaid Infectious Disease Emergency Leave (IDEL) in a number of our previous blog posts. On April 29, 2021, the Ontario government made updates to this leave and amended the Employment Standards Act, 2000 (ESA), introducing the Ontario COVID-19 Worker Income Protection Benefit. In addition to the unpaid IDEL, employers are now also required to provide eligible employees with the new paid IDEL – more specifically, up to $200 a day for up to three days – for reasons related to COVID-19. The three days need not be taken consecutively.
What are the eligible reasons for taking the paid IDEL?
Paid IDEL is available for certain reasons related to COVID-19, including:
Photo by Kelly Sikkema on Unsplash
At long last, the impact of Ontario’s Infectious Disease Emergency Leave (IDEL) on employee constructive dismissal claims has been litigated. Employment lawyers have been speculating for a long while about how courts will treat the various employment pivots employers were required to make during the pandemic. We now have our first answer.
Last week, the Ontario Superior Court of Justice released its decision in Coutinho v. Ocular Health Centre Ltd. and ruled that the IDEL does not take away an employee’s ability to sue for constructive dismissal.
What’s Constructive Dismissal?
A constructive dismissal occurs when an employer unilaterally and substantially changes an express or implied term of the employee’s contract. The term also needs to have been essential. Changes regarding pay, duties, hours of work etc., can all potentially be constructive dismissals.
A Guide for Employers during COVID-19 This Guide sets out the key employment law issues to consider, as well as the government's financial relief options to explore to get through this deep economic crisis. (Last Updated April 1, 2021) Further free resources can be found here. Should you need legal advice on how to manage your workplace during the COVID-19 outbreak, please get in touch.
SpringLaw is 4!!!! To celebrate our 4-year anniversary, thank our clients and welcome non-client businesses who are looking for a new way to receive legal services, we are pleased to offer The 444 Toolkit.
The 444 Toolkit is a collection of our most highly sought-after resources our clients ask for every day:
If you are a small business owner, looking to update your core legal docs and needing some guidance to navigate this ongoing rollercoaster of the pandemic, this workplace law toolkit is for you!
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A Guide for Employers during COVID-19 This Guide sets out the key employment law issues to consider, as well as the government's financial relief options to explore to get through this deep economic crisis. (Last Updated March 26, 2021) Further free resources can be found here. Should you need legal advice on how to manage your workplace during the COVID-19 outbreak, please get in touch.
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