As we explained in our
recent Update, at the end of May 2020 the Ontario government
introduced a new regulation under the Employment
Standards Act, 2000 (the "ESA" or the
"Act") that changes how the layoff and constructive
dismissal provisions of the ESA will apply to employees who have
been laid off or had their hours or wages reduced as a result of
the COVID-19 pandemic.
Pursuant to Ontario Regulation 228/20 (the
"Regulation"), employees who were placed (or continued)
on temporary layoff at any time retroactive to March 1, 2020, were
deemed instead to be on Infectious Disease Emergency Leave under
the ESA. Moreover, employees who had reduced hours or
compensation over that period, were deemed not to have been
constructively dismissed - for purposes of the ESA.
