A Lay Off Continues to be a Constructive Dismissal at Common Law, Despite Covid

A very recent Ontario case considered the effect of the changes to the Employment Standards Act brought about by Covid. The court ruled that these changes meant that a business would not be in trouble with the Ministry for commencing a Covid lay off, but that the changes to the Employment Standards Act did not protect the employer from a constructive dismissal court claim. Get ready for an avalanche of constructive dismissal cases hitting the courts.

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