Judge rules employees can pursue severance if laid off due to COVID-19

Interview Summary

While many employees across the province of Ontario have been temporarily laid off due to COVID-19, a recent ruling by a Superior  Court has stated employees can pursue a full severance package while laid off. What will this mean for employers as the pandemic continues? Should more employees seek their full entitlements?

Lior Samfiru, an employment lawyer and co-founding Partner at Samfiru Tumarkin LLP joins Devon Peacock on Global News Radio 980 CFPL in London to discuss the ruling and employee rights.

Interview Notes

Are temporary layoffs a common concern for employees during the pandemic?

Since the beginning of COVID-19, employment lawyers at Samfiru Tumarkin LLP have been inundated with calls surrounding job security and being put on a temporary layoff. Some employers continue to believe that as a result of COVID-19 they were permitted to lay employees off. The recent ruling by the Superior Court however gives further proof to employees they do not have to accept the layoff and can pursue their entitlements.

Why did some employers believe they could legally lay off employees?

In May of 2020, the government of Ontario implemented the Infectious Disease Emergency Leave which stated employers for a period of time could lay off employees temporarily. This period will soon end, in July of 2021. It is important to remember employment rights are not extinguished by IDEL.

How should employees on a layoff pursue their severance packages?

Employees who are currently laid off must decide for themselves whether or not they wish to remain on a layoff. Employees who wish to pursue their severance entitlements should communicate their concerns with their employer and contact an employment lawyer

Can employers make changes to an employee’s schedule due to COVID-19?

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Employers cannot make significant changes to an employee’s schedule without their consent. Employees who refuse the changes made to the terms of their employment and are terminated by their employer must be given their full severance entitlements.