ESA Layoff and Constructive Dismissal (Bill 195)

The Ontario Employment Standard Act (ESA), 2000, normal layoff and constructive dismissal provisions were suspended by Regulation 228 in May 2020 to provide relief to employers at the beginning of the pandemic.

Bill 195 has lifted the suspension of these layoff and constructive dismissal provisions. 

The ordinary rules regarding layoffs and constructive dismissal under the Ontario Employment Standard Act, 2000  will be reactivated effective SEPTEMBER 4, 2020.

This will require you to review your current work arrangements to determine the risks and costs associated with:
a.    layoffs which could become terminations, and 
b.    potential constructive dismissal claims.

The document below provides further details for consideration.

This has been provide by Maria McDonald, McDonald HR Law.