ARTICLE · 23 JUNE 2021

Constructive Dismissal In The COVID-19 Era

Blue J Legal

Explore more from Blue J Legal

The IDEL Regulation came into force on May 29, 2020, under Ontario's Employment Standards Act.

CanadaEmployment and HR

Stefanie Di-Giandomenico

Author LinkedIn connections

On June 7, 2021 the Ontario Superior Court of Justice released its second decision in a matter of months interpreting Ontario Regulation 228/20: Infectious Disease Emergency Leave ("IDEL Regulation")¹ as it relates to common law constructive dismissal claims in Ontario. However, the decision may have confused, rather than clarified the law.

The IDEL Regulation came into force on May 29, 2020, under Ontario's Employment Standards Act (ESA).² The IDEL Regulation establishes, with certain exceptions, that a temporary reduction or elimination of an employee's hours of work for reasons related to COVID-19 during the prescribed COVID-19 period³ will not be considered a layoff or constructive dismissal under the ESA.⁴

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Related Articles

Ontario Court Of Appeal Releases Judgment On RSU Forfeiture Clauses: Wigdor v. Facebook Canada Ltd.

CanadaEmployment and HR

Blake, Cassels & Graydon LLP

Stop The Presses! Competition Bureau Opposes Non-Competes

CanadaEmployment and HR

Can You Enforce A Restrictive Covenant Against A Cross-border Executive? (Video)

CanadaEmployment and HR

Loi 27 - Dernier Rappel : Nouvelles Obligations Des Employeurs À La Suite Des Derniers Changements Législatifs

CanadaEmployment and HR

Fasken (French)

Executive Compensation In Canada: Five Legal And Regulatory Considerations

CanadaEmployment and HR

Blake, Cassels & Graydon LLP

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

Comparative Guide

Employee Incentives

Comparative Guide

Technology Outsourcing

See more popular content from

Employment and HR

Provincial Employment Law Update: Key Changes Impacting Employers In Québec, Ontario, And British Columbia

Keeping up with employment law in Canada used to be a marathon. Now, it's a sprint. For employers in Québec, Ontario, and British Columbia, a significant volume of new legislation...

CanadaEmployment and HR

New Regulations For Gig Workers In Ontario And British Columbia

Canada's gig economy continues to grow steadily, with nearly half a million Canadians now engaged in this type of work. Many businesses rely on this form of highly flexible labour...

CanadaEmployment and HR

Aird & Berlis LLP

Remembrance Day Becomes A National Holiday – But Still Not A Paid Holiday For Many Employees

Since the end of the First World War, Canadians have recognized November 11 as Remembrance Day, a day to honour members of our armed forces who have died in the line of duty.

CanadaEmployment and HR

McCarthy Tétrault

WorkSafeBC Proposes Changes To Laws Regarding Workplace Harassment And Violence

WorkSafeBC is proposing significant amendments to British Columbia's Occupational Health and Safety Regulation that would fundamentally reshape how employers address workplace harassment, violence, and psychological health. The proposed changes introduce expanded definitions, new prevention program requirements, and obligations to identify and control psychosocial hazards. These amendments could require most B.C. employers to substantially revise their existing workplace policies and procedures.

CanadaEmployment and HR

Remember...The 11th Of November? Remembrance Day Becomes A Legal Holiday

On March 1, 2018, An Act to amend the Holidays Act (Remembrance Day) received royal assent and became law.

CanadaEmployment and HR

New Pay Transparency Reporting Deadline Approaching For BC Employers

Starting November 1, 2026, BC's pay transparency reporting obligation expands to cover employers with 50 or more employees, significantly broadening the scope of the Pay Transparency Act and Pay Transparency Regulation (the "Act").

CanadaEmployment and HR

New Pay Transparency Rules In British Columbia

The Canadian province of British Columbia has introduced measures that prohibit employers from asking job applicants for pay history information.

CanadaEmployment and HR

Employment Update: Ontario Introduces Bill 105, The Protecting Ontario's Workers And Economic Resilience Act, 2026

On April 20, 2026, the Ontario government introduced Bill 105, known as the Protecting Ontario's Workers and Economic Resilience Act, 2026 (the "POWER Act"), for first reading.

CanadaEmployment and HR

Blaney McMurtry LLP

Safety Inspection Blitzes For Industrial And Construction Sectors

The Ontario Ministry of Labour has announced that inspectors will be conducting safety inspection blitzes, targetting the industrial and construction sector.

CanadaEmployment and HR

Osler, Hoskin & Harcourt LLP

Tariffs, Terminations And EI: Implications Of Canada’s New Support Package For Employers

Canada's federal government has announced a $3.5 billion rapid response support package in anticipation of retaliatory tariffs against the United States, introducing new temporary employment insurance measures and workforce retention programs. The package extends EI benefits, waives waiting periods, and creates funding opportunities for employers to retain and retrain workers rather than implement large-scale layoffs.

CanadaEmployment and HR