International Labor Laws, Employment Litigation, Layoffs

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

Littler on 3/20/2024

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

Ontario, Canada Court of Appeal Addresses How Employers Can Preserve Right to Unilaterally Lay Off Employees Without Being Found...

Littler on 5/19/2023

In Pham v. Qualified Metal Fabricators Ltd., 2023 ONCA 255, the Ontario Court of Appeal (OCA) found that unless an employee’s employment contract provides otherwise via an express or implied term, an employer’s unilateral lay...more

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

Littler on 8/10/2022

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

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

Littler on 3/9/2022

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

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

Littler on 6/16/2021

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

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

Littler on 5/4/2021

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