There have been two recent cases in Ontario which may
significantly change the law of constructive dismissal in Canada.
Both involve the interactions of employment standards legislation
and the common law.
In Coutinho v. Ocular Health Centre Ltd., 2021 ONSC
3076, the Ontario Superior Court of Justice in April 2021
determined that the employment standards regulations did not impact
the common law right to pursue a civil claim for constructive
dismissal. In effect, the Court accepted that reducing an
employee's hours of work due to the pandemic and placing them
on an "Infectious Disease Emergency Leave" as permitted
under the legislation had no bearing on an employee's right to
sue the employer for constructive dismissal.
