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Dismissed for not getting vaccinated: Entitled to notice or severance pay?

Employees are generally entitled to reasonable notice or pay in lieu of reasonable notice when their employer decides to terminate their employment. However, if the employer successfully establishes that the…

Can I be dismissed for refusing to receive a COVID-19 vaccination?

No. There is generally limited recourse for your employer if you refuse to receive a COVID-19 vaccination. However, depending on the workplace, your employer may be within their discretion to…

Can Employers Avoid COVID-19-Related Layoffs?

On April 11, 2020, the federal government implemented the Canada Emergency Wage Subsidy (“CEWS”). The CEWS is designed to enable employers to keep their employees on payroll while contributing to…

How long is the COVID-19 period?

Since the Infectious Disease Emergency Leave regulation applies retroactively, the COVID-19 period is considered to be in effect from March 1, 2020, to January 1, 2022. If you would like…

After 13 weeks of temporary layoff with no recall, is my employment terminated?

In most cases, 13 weeks is the maximum allowable duration for a temporary layoff under Ontario’s Employment Standards Act, 2000 (“ESA”). Absent a recall, at the end of the 13-week period,…

Can an employee request vacation during the temporary layoff period?

Yes. An employee may request to take vacation time during a temporary layoff.  An employee that requests vacation time is entitled to be paid their full remuneration throughout the vacation…

Temporarily laid off. Do I get paid for unused vacation?

No. When an employee is temporarily laid off, the employment relationship remains intact and continues throughout the layoff period. Given this, employers do not have to pay their employees for…

I have been re-called to work. Can I refuse to return?

Generally speaking, you cannot refuse to return to work unless your refusal is based on legitimate grounds. For example, if you return to work and there is no personal protective…

Terminated during COVID-19. Must I keep job hunting for a full termination package?

Yes. Employees who have had their employment terminated have a duty to make efforts to find another job, and thereby reduce their “damages”. These efforts are measured on the standard…