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ARTICLE · 22 JUNE 2021

Constructive Dismissal? Not Ideal If IDEL

Fogler, Rubinoff LLP
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The Ontario Superior Court recently released an endorsement in Taylor v. Hanley Hospitality, 2021 ONSC 3135, which dealt with O. Reg. 228/20 Infectious Disease Emergency Leave ("IDEL").

CanadaEmployment and HR
Diana F. Saturno
Diana F. Saturno
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The Ontario Superior Court recently released an endorsement in Taylor v. Hanley Hospitality, 2021 ONSC 3135, which dealt with O. Reg. 228/20 Infectious Disease Emergency Leave ("IDEL"). The Regulation was enacted as a temporary measure by the Ontario government on May 29, 2020 in light of the COVID-19 pandemic, and deems temporary layoffs relating to COVID-19 to be IDELs, retroactive to March 1, 2020 and prospective until September 25, 2021. This decision provided much needed guidance on how constructive dismissals are impacted by IDEL.

What is IDEL?

IDEL is an unpaid, job protected leave of absence under the Ontario Employment Standards Act, 2000 ("ESA"), which may be taken for specified reasons related to a designated infectious disease. COVID-19 is currently the only disease for which IDEL may be taken at this time. My colleague, Andrea M. Marsland, previously wrote about IDEL here.

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