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.