Big Changes for COVID-19 Layoffs in Ontario: New O. Reg 228/20 Infectious Disease Emergency Leave Curtails Constructive Dismissal Claims

new Infectious Disease Emergency Leave regulationAs many of our readers and clients know, we have been cautioning that the legality of certain layoffs and job changes necessitated by COVID-19 is uncertain. Generally, layoffs are only legal if the employment contract gives the employer the right to layoff, and many other job changes, such as reductions in hours or pay, raise the risk of constructive dismissal. We anticipated that at some point the Ontario government may weigh in and change the law – on Friday they did.  

Note that none of these changes apply to unionized employees. 

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A Guide for Employers During COVID-19 – May 22 update

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 22, 2020). 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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Considerations for Employers as We Return to Work

Considerations for employers as the provinces are opening back upThe provinces are opening back up and various guidance has been issued to employers regarding how to do so safely, but the virus still exists and it’s still contagious. Governments who have been encouraging people to stay home are now contemplating how to get people to go out when really conditions regarding the virus have not drastically changed. This juxtaposition will have an impact on workplaces. 

Employee Work Refusals

We can anticipate that some employees will refuse to come back to work, even if they have been recalled and even where the employer has followed government guidance on how to make a return to work safe. What should employers do with these employees?

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How Can I Afford Legal Advice if My Business is Sinking?

Can I Afford Legal AdviceHow Can I Afford Legal Advice?

Many employers are facing rock hard choices right now: layoff on shaky legal ground or go bankrupt? Let some employees go, but how to afford termination pay? Offer more than ESA minimums to get a release or risk a claim down the road?

Since early March 2020, we’ve found ourselves regularly telling clients what the technical legal answers are, and then we quickly move to the COVID-19 business reality solution. This new world order is not going away anytime soon and I fully anticipate some new law coming out of this unique moment. Employers cannot afford payroll but employees cannot mitigate their job loss in this job market – so everyone is turning to the pandemic economic crisis as the reason for paying less termination pay or for demanding more of a package. Courts will have to somehow reconcile these competing interests, each of which is based on the same underlying issues caused by COVID-19.

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Rightsizing Your Workforce During COVID-19

resources for employers during COVID-19Unchartered Workplace Waters

For many entrepreneurs and small businesses, the impact of COVID-19 has resulted in unprecedented losses in a short period of time.  It has been a time of incredible stress, uncertainty and countless questions about how you can stay afloat, best manage your team and, eventually, rebuild. 

At SpringLaw, we have been navigating these unchartered waters with our employer clients.  We know how small businesses have been struggling and how business owners are laying up at night wondering how they will see it through to the other side of this tremendous business disruption.

You Are Not Alone!

As an employer, you know you need to pivot and resize your business. You want to do best by your employees, your business model and your own employment.

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Answers to frequently asked questions from employers regarding COVID-19 – April 1 update

Answers to frequently asked questions from employers regarding COVID-19 - the impact, rules and best practices for addressing the global coronavirus outbreak in the workplace. (Last Updated April 1, 2020). 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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