Superior Court Does a 180 – Finds COVID-19-Related Temporary Layoff Does NOT Constitute Constructive Dismissal Under the Common Law
June 9, 2021
Six weeks after the Superior Court ruled a COVID-19-related temporary layoff deemed to be an Infectious Disease Emergency Leave (“IDEL”) could constitute a constructive dismissal under the common law, 1 the same court (different judge) ruled the exact opposite. 2 The latter decision, of Justice Jane Ferguson, dismisses the former as “wrong in law” and lacking in “common sense”.
This stunning clash of two decisions of the same high ranking Ontario court will very likely make its way to the Court of Appeal for Ontario, and perhaps even to the Supreme Court of Canada. The stakes are high for all parties concerned and clarity is needed.
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