Ontario court reverses position on COVID-19-related temporary layoffs and constructive dismissal
Six weeks after the Ontario Superior Court ruled that a COVID-19-related temporary layoff deemed to be an Infectious Disease Emergency Leave (IDEL) under provincial legislation could constitute a constructive dismissal under the common law, the same court — but a different judge — ruled the exact opposite. The latter decision, of Justice Jane Ferguson, dismisses the former as “wrong in law” and lacking in “common sense.”
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