A trio of conflicting decisions from Ontario’s Superior Court of Justice has left employers confused about a possible onslaught of wrongful dismissal lawsuits stemming from temporary layoffs due to the coronavirus pandemic.
The confusion arises because judges have come to different conclusions about Ontario’s infectious disease emergency leave regulation, which provides that temporary layoffs in the “COVID-19 period” don’t amount to constructive dismissals under the Employment Standards Act.
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Julius Melnitzer is a Toronto-based legal affairs writer, ghostwriter, writing coach and media trainer. Readers can reach him at [email protected] or https://legalwriter.net/contact.