Battle of the Superior Courts on IDEL

There’s never a dull day in employment law.

You may remember from our previous blog that in a case called Countinho v. Ocular Health Centre the Ontario Superior Court had found that employees who were put on the Infectious Disease Emergency Leave (IDEL), could still make a claim for constructive dismissal under the common law, despite the introduction of the IDEL. 

 In a new case called Taylor v. Hanley Hospitality, the Court has decided the opposite and said that the IDEL overturned the common law and that the IDEL is a layoff not a constructive dismissal.

So what is an employer to believe? Both decisions will likely be appealed in the correct respective forums. The decision in Taylor will be brought to the Court of Appeal and we will likely get guidance from the Court of Appeal on this issue. In the interim, employers have an (arguable) precedent to rely on to say that the IDEL is a layoff and is not considered a dismissal.

 We will of course let you know as soon as a decision is rendered. Stay tuned.