{"id":1416,"date":"2021-06-14T22:42:52","date_gmt":"2021-06-15T02:42:52","guid":{"rendered":"https:\/\/www.zeilikmanlaw.com\/?p=1416"},"modified":"2021-06-24T22:47:57","modified_gmt":"2021-06-25T02:47:57","slug":"a-court-contradicts-an-earlier-decision-a-layoff-does-not-constitute-constructive-dismissal-at-common-law-when-implemented-for-covid-19-related-purposes","status":"publish","type":"post","link":"https:\/\/www.zeilikmanlaw.com\/a-court-contradicts-an-earlier-decision-a-layoff-does-not-constitute-constructive-dismissal-at-common-law-when-implemented-for-covid-19-related-purposes\/","title":{"rendered":"A court contradicts an earlier decision: A layoff does not constitute constructive dismissal at common law when implemented for COVID-19 related purposes"},"content":{"rendered":"
Ontario employment law is a dynamic area of practice that is constantly evolving and the COVID-19 pandemic gave this proposition a jolt.<\/p>\n
Because the COVID-19 pandemic caused a severe downturn in business for many employers the Ontario government put into law various regulatory changes that classified layoffs (and other changes in employment) as a job-protected leave. The idea was to allow employers some breathing room during this difficult time. A debate then ensued as to whether employees were still free to pursue an action for constructive dismissal under the right circumstances even if they were barred from doing it for the purposes of the\u00a0Employment Standards Act,<\/em>\u00a02000 (\u201cESA<\/em>\u201d).<\/p>\n