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As Canadian communities and businesses continue to grapple with the effects of the Covid-19 pandemic, uncertainty remains about the impact of Ontario’s Infectious Disease Emergency Leave (IDEL) regulations on constructive dismissal claims.

In a recent labour arbitration decision issued on November 11, 2021, Arbitrator Stout rejected an employer’s mandatory vaccination policy. The case involved a grievance by the Power Workers’ Union (“PWU”) against the mandatory vaccination policy implemented by the Electrical Safety Authority (“ESA”).

Last month the Government of Canada issued new guidelines for employers about issuing records of employment (ROEs) for employees who fail to comply with mandatory vaccination policies.

Over the course of the last two years, the world has struggled to reign in the global pandemic caused by COVID-19. Because a vaccine has been developed, mandatory lockdowns are no longer the norm, and schools and businesses can chart a path forward

As of June 30, 2021, Ontario will be moving into Stage 2 of the province’s reopening plan. Despite this benchmark, many government restrictions remain in place and there is still uncertainty as to when a full reopening will happen.

The Ontario government has passed into law Bill 284, COVID-19 Putting Workers First Act, 2021. It amends the Employment Standards Act, 2000 (“ESA”) by requiring employers to provide employees with paid infectious disease emergency (IDEL) leave of up to $200/day for a maximum of 3 days of paid leave.

Since the onset of the pandemic, employers across Ontario have been forced to institute temporary layoffs for extended periods. In many cases, employees have been temporarily laid off for several months with no clear or immediate end date in sight.

With the COVID-19 cases increasing, on January 12, 2021, the Ontario Government declared a second provincial emergency

Due to the rise in COVID-19 cases, Toronto Public Health (TPH) issued new measures to curb the spread of infection