Howard Levitt: Pandemic didn't change the rules for layoffs, contrary to what many believe

From the outset of the pandemic, I have told my clients — employers and employees — and readers that laying off employees was a constructive dismissal. When the government extended the permissible layoff period in the Ontario Employment Standards Act through its IDEL legislation, I reiterated that. In fact, myself and two other lawyers from my firm were among 10 lawyers in meetings with the Ministry of Labour obtaining input on the ESA and then announcing these changes.

The issue of whether a layoff under the IDEL legislation is a constructive dismissal, over a year into the pandemic, finally reached its first judge. Jessica Coutinho was laid off on May 1, 2020, and had her pay suspended on May 29. She issued a statement of claim three days later, something I recommend to every employee to preserve their rights. Ocular argued that she was on an IDEL protected emergency leave, so had no recourse — the same argument made by tens of thousands of Ontario employers over the last year.

Therein lies the real issue facing the Canadian workforce, both employers and employees. Do you lose your right to sue when you do nothing after being laid off?

Source: Law Daily Report (lawdailyreport.net)

I think it’s time this beautiful country starts the conversation of a “Protectionism Economy”.

When will the government of COVID origin, pay for the debt they’re creating? Why, is the government of COVID origin able to continue issuing loans to poor countries, looking for vaccines?

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