Attention Ontario Employers: Court confirms IDEL a Constructive Dismissal at Common Law

Just a reminder that IDEL leave will end on July 3rd. At that point, employees will be back to temporary leave and the clock will start ticking. Employers will then be faced with having to recall staff or terminate and pay severance etc.  This is a fluid situation and may be further extended (it has been several times).

A recent Ontario case (Coutinho v. Ocular Health Centre Ltd.) has confirmed what most employment lawyers had suspected – placing an employee on a deemed Infectious Disease Emergency Leave (“IDEL”) can constitute a constructive dismissal at common law.


Ontario COVID-19 Worker Income Protection Benefit

The province has updated their website with information on their paid leave that employers (with Ontario staff) need to know about.  Read below to learn more…

Paid infectious disease emergency leave

On April 29, 2021, the Ontario Government amended the Employment Standards Act, 2000 to require employers to provide employees with up to three days of paid infectious disease emergency leave because of certain reasons related to covid 19.  This entitlement is in addition to employees’ rights to unpaid infectious disease emergency leave.


Ontario Employer Health Tax (EHT): Canadian Tax Lawyer’s Guidance

Nothing new on this tax, but good information and a reminder of how the program works.

What is Ontario Employer Health Tax?

The Employer Health Tax is a payroll tax created by the Employer Health Tax Act in Ontario. It was originally conceived as a tax to assist with the funding of the Ontario Health Insurance Program and rolled-out over a number of years. For those businesses that pay remuneration to employees that report to work in Ontario or are paid through a business with a permanent establishment in Ontario, EHT must be calculated and remitted to the Ontario Ministry of Finance. While it is a payroll tax, unlike the CPP or EI, there is no employee paid portion; the employer bears 100% of the burden of this tax payment.



Free HR Law webinar – The New World of Work – May 27th 11 am EST

Williams HR Law is an HR and Employment Law firm that does great educational events for employers. The events are free of charge and cover topics affecting employers in these interesting times. Information on how to protect yourself and avoid pitfalls will provide you with info to make it through the New World at Work.  If you’re interested, please sign up at the link below.

Organizations have seen unprecedented upheaval over the last year resulting in workplace realities and conditions that differ vastly from those prior to early 2020. Many of these changes have become part of the ‘next normal’ that business leaders and HR professionals will have to contend with in the near and distant future. With this reality in mind, we are inviting you to join us for this year’s 10th Annual Proactive Workplace Law Webinar, where our focus will be on The New World of Work.

During this 2.5-hour, interactive session, the Williams HR Law lawyers will share their insights gained through assisting hundreds of organizations during the COVID-19 era to respond to workplace-related issues and risks. We will identify what the key conditions of the New World of Work are, and examine how these new conditions have impacted when we work, where we work, how we work, and why organizations need to proactively adopt the right policies, processes and communications to successfully stabilize and thrive in our new working environment.

The session content will provide practical takeaways for business leaders, management and HR professionals to navigate workplace obligations, entitlements, issues, risks and pitfalls related to:

  • o Pandemic fatigue and safety considerations
  • o Conduct issues, including those related to discrimination and harassment
  • o Mental health accommodation
  • o Imposing vaccination requirements
  • o Hours of work considerations
  • o New sick days and leave requirements
  • o Employment mobility
  • o Layoffs, terminations and notice entitlements
  • o Privacy
  • o Testing requirements
  • o Constructive dismissal and reprisal exposures
  • o And more…

This webinar will include a Q&A segment where attendees will have the opportunity to pose questions in advance and during the live sessions.

We look forward to you joining us on May 27th at 11am EST!