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ARTICLE · 05 JUNE 2020

Critical Ontario COVID-19 Update On Emergency Leave, Temporary Layoffs And Constructive Dismissals

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This regulation is welcome news for employers, as it provides relief from deemed terminations and constructive dismissal in such circumstances.

CanadaCoronavirus (COVID-19)

By way of a O. Reg 228/20 filed on May 29, 2020 (the "Regulation") under the Employment Standards Act, 2000 ("ESA") , the Ontario government has extended the Infectious Disease Emergency Leave to apply to non-unionized employees "whose hours of work are temporarily reduced or eliminated by the employer for reasons related to COVID-19". The Regulation also stipulates that such employees and those who have their wages temporarily reduced have not been constructively dismissed where the changes occur for COVID-19 related reasons within a defined period of time, reviewed further below. This regulation is welcome news for employers, as it provides relief from deemed terminations and constructive dismissal in such circumstances.

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