Employment Lawyer on Infectious Disease Emergency Leave

Alex Lucifero, an employment lawyer and partner at Samfiru Tumarkin LLP, joined CTV Morning Live to explain how the Infectious Disease Emergency Leave, part of Ontario’s temporary new Regulation 228/20 for temporary layoffs and job changes during the COVID-19 pandemic, affects employee rights (but not a worker’s overall right to severance pay)

0:24 – Infectious Disease Emergency Leave and Employee Rights
Alex explains how the new leave of absence impacts layoffs and employee rights in Ontario during the coronavirus pandemic.

2:04 – Damage to Employees
Alex explains that if an employee has filed a claim with the Ministry of Labour for constructive dismissal, that claim will be automatically be dismissed. For employees who have an employment contract that limits their severance to the minimum amounts under the Employment Standards Act ONLY, they will now have no right to severance pay (but can still claim FULL severance under common law).

3:17 – New Regulation and Severance Pay
While Regulation 228/20 eliminates severance pay for non-unionized employees laid off temporarily or have had their pay cut due to COVID-19, it does not impact severance pay under common law.

4:36 – How This Could Backfire for Employers
Alex explains how the Ontario government’s new layoff regulation could end up doing further damage to businesses who choose to make further changes to employee pay or hours worked, incorrectly believing that they are immune from constructive dismissal claims.

4:55 – Forced to Work From Home
Can an employer force an employee to work from home? Lior explains that an employer cannot force an employee to work from home, as it would be considered a significant change to the terms of employment. An employee could argue constructive dismissal, and leave their job with full severance pay.

Learn more about your rights during the coronavirus pandemic through our Coronavirus (COVID-19) Knowledge Centre, where you can find resources about your employment rights during COVID-19.