News & Analysis as of

Canada Layoffs Coronavirus/COVID-19

Littler

British Columbia, Canada Appeal Court Rejects Employer’s Frustration Defence in Circumstances Connected to COVID-19

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In Aldergrove Duty Free Shop Ltd. v. MacCallum, 2024 BCCA 28, the Court of Appeal for British Columbia (BCCA) dismissed an employer’s appeal when it agreed with the lower court that the employer could not use the frustration...more

Littler

Ontario, Canada: Availability of Deemed IDEL Ended on July 30, 2022 But Unpaid and Paid IDEL Still Available to Eligible Employees

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Deemed IDEL No Longer Available - In May of 2020, Ontario filed O. Reg. 228/20, which provided that a non-unionized employee who did not perform their job duties during the “COVID-19 period” because their work hours were...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ontario Appellate Court Ruling Leaves Employers Waiting for Determination on Interpretation of COVID-19 Leave Provisions

Employers in Ontario have been waiting for clarification on the interpretation of COVID-19 leave provisions throughout much of the pandemic. Employers had hoped that the Court of Appeal’s decision in Taylor v Hanley...more

Littler

Alberta, Canada: Arbitrator Decides COVID-19 Pandemic is Cataclysmic Event that Did Not Trigger Entitlement to Severance Under...

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In United Utility Workers’ Association of Canada v Dataco Utility Services Ltd., 2022 CanLII 13414 (AB GAA), Arbitrator John Moreau, Q.C., dismissed 11 grievances filed on behalf of 11 service technicians (Grievors) of Dataco...more

Faegre Drinker Biddle & Reath LLP

Ontario Again Extends Temporary Relief from the ESA’s Termination and Severance Provisions

As we previously highlighted, on May 29, 2020, the Province of Ontario enacted Ontario Regulation 228/20, Infectious Disease Emergency Leave (IDEL Regulation), under the Employment Standards Act, 2000 (ESA). The IDEL...more

Littler

Ontario, Canada Court Decides Employees Laid Off During COVID-19 May Not Claim Constructive Dismissal at Common Law

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Just six weeks after holding in Coutinho v. Ocular Health Centre Ltd. that Ontario Regulation 228/20 (IDEL Regulation) under the Employment Standards Act, 2000 (ESA) did not remove an employee’s common law right to claim...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ontario Court Protects Right of Employers to Put Employees on COVID-19 Leave Without Triggering Dismissal

In order to address the economic impact of COVID-19 on Ontario’s businesses, in June 2020 the Ontario government created a special leave called “infectious disease emergency leave” (IDEL) through Ontario Regulation 228/20 (O....more

Faegre Drinker Biddle & Reath LLP

Ontario Extends Temporary Relief from the ESA’s Termination and Severance Provisions

On May 29, 2020, the Province of Ontario enacted Ontario Regulation 228/20, Infectious Disease Emergency Leave (the “IDEL Regulation”), under the Employment Standards Act, 2000 (“ESA”). The IDEL Regulation retroactively...more

Littler

British Columbia, Canada Court Deducts CERB From Employee’s Damages for Wrongful Dismissal

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To date, few decisions in Canada have considered whether the amount of the Canadian Emergency Response Benefit (CERB) employees receive after their job termination should be deducted from their damages in lieu of common law...more

Littler

Ontario, Canada Court Decides Employee Laid Off During COVID-19 May Claim Constructive Dismissal at Common Law

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Last May, the government of Ontario filed Ontario Regulation 228/20 (IDEL Regulation) under the Employment Standards Act, 2000 (ESA).  The Regulation provides that an employee in a non-unionized workplace who, any time during...more

Littler

14 Key Developments in Canadian Labour & Employment Law in 2020

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As we entered a new decade in 2020, Canada saw significant developments in labour and employment law, some of which related to COVID-19.  This Insight provides an overview of 14 key 2020 developments, with links to more...more

Blake, Cassels & Graydon LLP

Ontario Extends Deemed Infectious Disease Emergency Leave to July 2021

On December 17, 2020, the Government of Ontario announced that the Infectious Disease Emergency Leave regulation will be extended to July 3, 2021. The regulation was previously set to expire on January 2, 2021. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ontario Government Extends COVID-19 Period Until July 3, 2021

The Ontario government recently enacted Ontario Regulation 228/20, which created an “infectious disease emergency leave” for employees who are off work due to COVID-19. As a result of a very recent regulation, Ontario...more

Bennett Jones LLP

Ontario Extends the Infectious Disease Emergency Leave and Delays Layoffs under the ESA until January 2, 2021

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The Ontario government has extended the temporary relief measures under Ontario's Employment Standards Act, 2000 (ESA) set out in O. Reg. 228/20: Infectious Disease Emergency Leave until January 2, 2021....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ontario Government Extends Protections for Temporary Layoffs to January 2, 2021

On September 3, 2020, Ontario’s government announced that it would extend layoff protections, preventing temporary layoffs due to COVID-19 from automatically becoming terminations of employment. In normal circumstances,...more

Miller Canfield

COVID-19: Government of Ontario Ends State of Emergency, Terminating Deemed Emergency Leaves

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As discussed in our previous newsletter, the Ontario Government passed the O. Reg 228/20 - Emergency Leave: Declared Emergencies and Infectious Disease Emergencies on March 19, 2020. This Regulation altered how layoffs and...more

Hogan Lovells

Coronavirus: The Hill and the Headlines – COVID-19 D.C. Update – August 2020 # 18

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In Washington - The Centers for Disease Control and Prevention (CDC) revised guidance for coronavirus testing is confusing and alarming many. The CDC now says people who have been in close contact with a person infected...more

Littler

Bill 195 and the End of COVID-19 Declared Emergency Leave in Ontario, Canada: What it Means for Temporary Layoffs and Deemed Leave

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On July 24, 2020, Ontario’s new Bill 195, Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, became law. In accordance with Bill 195, Ontario’s Emergency Declaration has ended (subject to the provincial...more

Hogan Lovells

Coronavirus: The Hill and the Headlines – COVID-19 D.C. Update – July 2020 #9

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In Washington: Senate Majority Leader Mitch McConnell (R-KY) on Monday told reporters that when the Senate returns next week Republicans will start discussions on the next coronavirus stimulus package with their Democratic...more

Littler

Canada: COVID-19 and Relief from Mass Termination Rules

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Canadian businesses have suffered severe financial distress due to COVID-19. Many employers have been forced to lay off their employees hoping they would only be required to do so temporarily. It has become clear that the...more

Littler

Government of Ontario, Canada Issues New Regulation Favourable to Employers During the COVID-19 Pandemic

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On May 29, 2020, the government of Ontario filed Ontario Regulation 228/20 (Regulation) under the Employment Standards Act, 2000 (ESA).  The Regulation amends layoff and constructive dismissal rules exclusively under the ESA,...more

Miller Canfield

COVID-19: Government of Ontario's New Regulation Addresses Layoffs and Constructive Dismissals under the Employment Standards Act,...

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Over these past few weeks, there has been a great deal of concern related to the layoff provisions of the Employment Standards Act, 2000 ("ESA"). As discussed in our previous newsletter, employers have the ability under the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ontario Government Passes New Regulation on COVID-19 Layoffs

According to Statistics Canada, two in five employers in Canada have reduced hours or laid off one or more employees since the beginning of the COVID-19 crisis. One of the risks associated with those difficult decisions is a...more

Blake, Cassels & Graydon LLP

B.C. Government Implements COVID-19 Temporary Layoff Under Employment Standards

On May 4, 2020, the Government of British Columbia announced an extension of the temporary layoff period to assist employers during the unprecedented financial circumstances associated with the COVID-19 pandemic. British...more

Littler

Canada: COVID-19 and Recalling Employees Back to Work from a Temporary Layoff

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Many Canadian employers implemented temporary layoffs due to the devastating financial impact of the COVID-19 crisis. These employers are entitled to recall their employees back to work at any point in time prior to the...more

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