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Court of Appeal Declines to Decide if COVID-19-Related Temporary Layoff Can Constitute a Constructive Dismissal at Common Law

Submitted by Firm:
Sherrard Kuzz LLP
Firm Contacts:
Erin Kuzz, Shana French
Article Type:
Legal Update
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Court of Appeal Declines to Decide if COVID-19-Related Temporary Layoff  Can Constitute a Constructive Dismissal at Common Law
May 13, 2022

In the May of 2021 decision of Coutinho v. Ocular Health Centre, the Ontario Superior Court ruled a COVID-19-related temporary layoff deemed to be an Infectious Disease Emergency Leave (“IDEL”) under the province’s Employment Standards Act, 2000 (“ESA”) could constitute a constructive dismissal under the common law.

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