Employment Law Tracker - April 2021

Tilting the Range? The Unclear Effect of COVID-19 on Reasonable Notice

The effect of the COVID-19 pandemic on common law reasonable notice periods is still unclear. The Ontario Superior Court of Justice has now issued multiple rulings indicating that the pandemic should not affect the notice period where the termination pre-dated the pandemic. However, the courts have been less clear about what effect, if any, the pandemic may have on notice periods associated with terminations issued after the onset of the pandemic. While some commentators have suggested that the pandemic will undoubtedly serve to lengthen reasonable notice periods, employers should take heed that the courts have yet to make any such definitive pronouncement.  » Read More