What are my legal rights, if I am fired through no fault of my own?

31 May What are my legal rights, if I am fired through no fault of my own?

Posted at 08:00h in News by

In Canada your legal rights arise under both the Employment Standards Act or ESA as well as the common law. If you feel you have been fired through no fault of your own, you need to contact to KCY at LAW to get independent legal advice. COVID-19 has also changed how constructive dismissal is considered.

How has COVID-19 changed the ESA?

In response to the COVID-19 pandemic, the Ontario government made a regulation that changed certain Employment Standards Act (ESA) rules during the “COVID-19 period”. This regulation has been amended, extending the COVID-19 period to January 2, 2021.

During the COVID-19 period (March 1, 2020 to January 2, 2021)

  • A non-unionized employee whose employer has temporarily reduced or eliminated their hours of work for reasons related to COVID-19 is deemed to be on a job-protected infectious disease emergency leave.
  • A non-unionized employee is not considered to be laid off if their employer temporarily reduces or eliminates their hours of work or wages for reasons related to COVID-19.
  • A non-unionized employee is not considered to be constructively dismissed under the ESA if their employer temporarily reduces or eliminates their hours of work or wages for reasons related to COVID-19.

Beginning on January 3, 2021

  • Employees will no longer be deemed to be on infectious disease emergency leave.
  • The ESA’s regular rules around constructive dismissal resume. This means a significant reduction or elimination of an employee’s hours of work or wages may constitute a constructive dismissal, even if it was done for reasons related to COVID-19).
  • The ESA’s regular rules around temporary layoff resume. For practical purposes, an employee’s temporary layoff clock re-sets on January 3, 2021.

Your rights and obligations under the Employment Standards Act (ESA) are changing due to COVID-19, KCY at LAW are here to help you and advise on any changes to the ESA and your specific situation.

Contact an experienced employment law team

Talk to the employment law experts at KCY at LAW. Call us at 905-639-0999 to book your consultation today!