Does Infectious Disease Emergency Leave under the Employment Standards Act, 2000, S.O. 2000, c.41 oust the common law of constructive dismissal or were employees ostensibly placed on leave actually terminated?
In Coutinho v. Ocular Health Centre Ltd., 2021 ONSC 3076 (CanLII), Justice David A. Broad of the Ontario Superior Court ruled that the regulatory changes did not oust the common law, meaning that employees objecting to be placed on IDEL could still sue for constructive dismissal damages.
Twenty. Twenty. The year of 366 days, countless regulations and public health measures, myriad challenges and changes, but no Olympic games, and very few judicial decisions.
Since 2012, I have posted what I consider to be the “Top Five Cases of Importance to Ontario Employment Law:”
2020 being what it is – different – I am changing it up. This year, I am only posting the Top Three Decisions of Importance to Ontario Employment Law.
Is an employer policy requiring bi-weekly testing for COVID-19 a reasonable exercise of management rights, or is such a policy an unreasonable infringement on the workers’ rights?
In Caressant Care Nursing & Retirement Homes and Christian Labour Association of Canada (Covid Testing Grievance), Labour Arbitrator Dana Randall found that such a policy was reasonable.
Is an employee’s failure (or blatant refusal) to follow an employer’s directions to protect public health – during a global pandemic – cause for termination of employment?
In Garda Security Screening Inc. v. IAM, District 140 (Shoker Grievance), [2020] O.L.A.A. No. 162, Labour Arbitrator M. Brian Keller had no problem finding that it was.
Is the title “Vice President” sufficient to move the needle in the calculation of reasonable notice?
In George v. Laurentian Bank Securities Inc., 2020 ONSC 5415 (CanLII), counsel for the dismissed employee urged the court to find that there is a presumption at common law that senior management or executives who are wrongfully dismissed are entitled to a minimum of 12 months’ notice irrespective of the length of service. He cited Mulrooney v Terra Nova Brokers Ltd., CanLII 3970 (NL CA), Felice v. Cardinal Health Canada Inc. 2014 ONSC 1190 (CanLII) and Lovely v. Prestige travel Ltd., 2013 ABQB 467 (CanLII), for this proposition.
For reasons given and summarized below, the Honourable Madam Justice Susan Vella of the Ontario Superior Court of Justice disagreed – awarding only two months’ pay in lieu of reasonable notice or $11,359.98 gross of taxation.
