Contradictory Decisions: Ontario Judges on Infectious Disease Emergency Leave | Bennett Jones LLP jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.
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A recent decision of the Ontario Superior Court has dealt yet another blow to employers in the wake of the ongoing COVID-19 pandemic. The decision of Justice D.A. Broad in
Coutinho v Ocular Health Centre, released April 27, 2021, is the first to interpret the recently enacted O. Reg. 228/20
Infectious Disease Emergency Leave (the “IDEL regulation”) and determine the effect of the IDEL regulation on claims of alleged constructive dismissal at common law.
In dismissing the employer s motion for summary judgment, the Court found that where an employer places an employee on a temporary leave under the IDEL regulation, the leave could nonetheless constitute a constructive dismissal at common law, and does not restrict the employee s right to pursue a common law action for constructive dismissal against his or her employer.
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One of the most talked about topics when it comes to the
scheduled roll out of the COVID-19 vaccine this year is whether an
employer is entitled to require its employees to receive the
vaccine in order to remain at or return to the workplace.
It s a multifaceted issue, and it deserves fulsome
consideration when discussing the important role employers could
play in the national vaccination campaign, which is a key component
of the fight against the spread of COVID-19 within an
employer s workplace and more broadly. However, that is not