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COVID-related temporary layoff is constructive dismissal – Law Times

Released Tuesday, in Coutinho v. Ocular Health Centre Ltd., 2021 ONSC 3076, Justice David Broad found Ontario’s Infectious Disease Emergency Leave Regulation (IDEL) under the Employment Standards Act, which was enacted at the onset of the pandemic, does not take away a laid-off employee’s common-law right to sue for constructive dismissal.

“I think this case is huge,” says Stuart Rudner, employment lawyer and managing partner at Rudner Law. “We’ve been waiting for this decision for a year now.”

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