Employment lawyer Lluc Cerda on the end of COVID-19 layoffs

After over two years, the Infectious Disease Emergency Leave in Ontario has finally expired. Employees who were placed on a layoff in the province as a result of the pandemic are now questioning what legal options are available to them. Can they pursue further compensation?

Lluc Cerda, an employment lawyer representing clients in Ontario and Senior Associate at Samfiru Tumarkin LLP spoke to the Toronto Star‘s Rosa Saba on potential lawsuits employers could face as a result of IDEL layoffs.

“IDEL protected employers, but left workers in limbo,” Cerda explains. “When the deemed IDEL measure ended, employers had three legal options. They could recall the employee from their layoff, terminate them, or put them on another temporary layoff.”

Cerda goes on to explain the options employees had if they were let go after the leave ended. “If an employee was terminated after IDEL ended, they may be able to dispute their termination. IDEL was a job-protected leave just like maternity or bereavement leave, meaning employers generally can’t terminate workers when the leave ends.”

“If the employee wants to accept the termination, they may be able to negotiate a better severance package for this very reason,” Cerda continues.

There have been few decisions regarding the layoffs as of yet in courts.” The vast majority of civil cases filed are settled out of court, after taking into account previous decisions as an indication of where a case might land”, Cerda explains. “There will be a new wave of lawsuits, some for constructive dismissal, and others for wrongful dismissal if the employee was terminated after their layoff ended.”