It doesn’t seem like it’s been over a year, but on April 2, 2020, my article in The Lawyer’s Daily was titled Constructive dismissal and COVID-19. In that post, I wrote that “How our courts will treat this unprecedented situation in the future remains to be seen.”
Here we are a year later, and although we have not yet seen a judicial decision on whether a temporary layoff will be a constructive dismissal during a pandemic, we do have one which confirms that reducing an employee’s pay between 16 per cent and 20 per cent is a constructive dismissal.