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Whether COVID-19 Lay-off is a Constructive dismissal. Recent case law.

SAV Paralegal Services

It is a well-known fact that there are two different sources of employment law: common law and statutes. While lay-off under Employment Standards Act, in general, is allowed, under the common law the same lay-off is treated as a breach of the employment contract and a constructive dismissal.

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TERMINATION ENFORCEABILITY

SAV Paralegal Services

Employers often attempt to limit their obligations towards employees by pre-emptively adding clauses that limit termination entitlements in the employment contract. Generally, the default notice period for an employment contract where there is no termination clause is governed by the common law under the concept of reasonable notice period.

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What should I do if my employer requires me to be vaccinated? Can they fire me?

SAV Paralegal Services

On the other hand, there is no provision in statute or common law that allows terminating employment in cases where a person refuses to be vaccinated. At , SAV Paralegal Services we strive to provide our clients with exceptional service.