The pandemic impacted heavily on the working lives of many: some lost their jobs, otherwise endured prolonged lay-offs, and many found themselves working from home. With the pandemic waning and (hopefully) at, or close to, an end, employers are considering how best to structure their workplaces moving forward. This presents a unique opportunity - to learn from mistakes, create efficiencies, improve culture and attract talent.
As the pandemic reaches the two year mark, the Omicron variant has taken hold across the country. In response, public health agencies have updated their recommendations and protocols. With the introduction of booster shots, new quality standards for facial masks, and limited access to testing, employers may quickly come to find their existing COVID-19 policies are out of date.
It is beginning to feel a lot like Groundhog Day. For the fourth time since its inception, the Ontario government has extended the length of Infectious Disease Emergency Leave (“IDEL”). It will now operate until at least December 31, 2021. [Click here for our coverage of previous IDEL extensions.]
Ontario has, for a third time, extended the length of Infectious Disease Emergency Leave (“IDEL”). Pursuant to O. Reg. 412/21, IDEL now encompasses a maximum period of March 1, 2020 to September 25, 2021. The practical impact of this change is that employers are allowed to keep employees off work, without pay, in response to the COVID-19 pandemic for an additional three months.
A recent decision from the Ontario Superior Court of Justice (Coutinho v. Ocular Health Centre Ltd., 2021 ONSC 3076) is the first to consider the legal consequences of Ontario’s Infectious Disease Emergency Leave (a special measure created to respond to the COVID-19 pandemic).
When the pandemic first began, and at various subsequent points, many Ontario employers experienced a decrease in work volume and, as a result, made the difficult decision to place their staff on temporary unpaid lay-off from work. This seemingly straightforward decision, however, has resulted for some businesses in unintended litigation. They have faced employee claims for severance on the basis that their lay-off amounted to a constructive dismissal from employment.
