infectious disease emergency leave

IDEL update: What's Changed & What Do Employers Need to Do? With the welcome easing of COVID-19 restrictions in Ontario – from masking requirements to vaccine mandates – it’s been a while since many employers have had to turn their minds to the Infectious Disease Emergency Leave (IDEL). When the IDEL was first introduced, we were faced with an array of questions from employers. Since then, the IDEL has been through several updates and expansions. This blog discusses the most recent update to the IDEL.

Paid IDEL

What’s Changed?

Paid IDEL has now been extended to July 31, 2022. The Ontario COVID‑19 Worker Income Benefit (“Benefit”), which came into effect April 29, 2021, amended the Employment Standards Act, 2000 (“ESA”) and required employers to provide paid IDEL to eligible employees. It was previously set to end on December 31, 2021. 
Continue Reading Update: Infectious Disease Emergency Leave (IDEL)

Updated Ontario COVID-19 Restrictions
Photo by Michael Marais on Unsplash

The Government of Ontario has again released an update on its COVID-19 public health measures and advice. As many of our readers know, given the recent changes in the public health situation, new measures have been implemented and are in effect from January 5 until January 27, 2022. Read on to find out how these new rules, in addition to the temporary closure of schools and mandatory remote learning until January 17, 2022, will impact employers.
Continue Reading Back at Home: An Update on COVID-19 Restrictions

IDEL and Constructive Dismissal
Photo by Melody Ayres-Griffiths on Unsplash

The Ontario Superior Court has ruled once again on the right of an employee to assert a constructive dismissal in light of the O. Reg. 228/20: Infectious Disease Emergency Leave (“the Regulation”) under the Employment Standards Act, 2000 (ESA). In the latest decision, the court ruled that the Regulation does not preclude an employee from asserting a common law constructive dismissal. 

As discussed in previous posts, under the Regulation neither a reduction in the employees hours of work or wages constitute a constructive dismissal under the ESA if they occur during the COVID-19 Period. The COVID-19 Period keeps changing on us, but it currently runs from March 1, 2020 to September 25, 2021.  There have been conflicting decisions about whether the Regulation also removes an employee’s right to assert a constructive dismissal under the common law. 
Continue Reading Another Ruling on the IDEL and the Employee’s Right to Pursue Common Law Constructive Dismissal

IDEL and constructive dismissalsLast month we blogged about the  Ontario Superior Court’s decision in Coutinho v. Ocular Health Centre Ltd. (Coutinho) when the court ruled that an employee placed on Ontario’s Infectious Disease Emergency Leave (IDEL), established by O.Reg 228/20 (the Regulation), could still bring an action for constructive dismissal at common law. The plot has thickened with the release this month of a contradictory decision in Taylor v. Hanley Hospitality Inc. (Taylor).

In the Taylor decision, the court considered the same issue – is the employee precluded by the Regulation from bringing a claim for constructive dismissal under the common law, when their hours are reduced or eliminated as a result of the pandemic? While the court in Coutinho concluded no, the court in Taylor has concluded yes. 

Where does that leave us? Because these two decisions are from the same level of court, neither has more weight than the other for later judges who might be deciding cases on similar facts. When decisions of the same level conflict, we need a higher court to weigh in – in this case, that would be the Ontario Court of Appeal. 
Continue Reading Good News for Employers: A New Decision On Constructive Dismissal and the IDEL