Canadian HR Reporter, 2021
resulting in more business activity and work-
ing opportunities in the relevant field.
Employees are continuing to rely on
commonly used methods to demonstrate
that the job market and economic condi-
tions have harmed their ability to find new
employment, such as producing evidence
that they have unsuccessfully applied to job
postings in their industry or demonstrating
that there was lack of available positions
following their dismissal. Given the courts'
emphasis on the economic circumstances
that existed at the specific time of termina-
tion, employers facing wrongful dismissal
litigation by former employees who were
dismissed during the pandemic should con-
sider producing evidence to demonstrate
that COVID-19 did not negatively impact
the re-employment prospects of the former
employee in question. While the type of
evidence to produce will vary with the cir-
cumstances of each case, employers might
produce evidence to demonstrate the level
of COVID-19-related restrictions at the time
of termination and/or how the pandemic
otherwise may have impacted the particular
field of work.
More broadly, while the law has not trend-
ed toward longer notice periods to date, as a
best practice, employers should account for
the potential impact of COVID-19 when as-
sessing potential liability for employee dis-
missals. Given that Canada appears to be
entering a potential third wave of the virus,
COVID-19 will likely be a factor to consider
in assessing reasonable notice for termina-
tions that occur throughout 2021 and even
into 2022. Accordingly, employers should be
prepared to account for a potential bump in
notice periods where an employee's dismiss-
al occurs during a period where COVID-19
cases are high or their sector of the economy
has been negatively impacted by the pan-
demic.
For more information, see:
• Yee v. Hudson's Bay Company, 2021 ONSC
387 (Ont. S.C.J.).
• Iriotakis v. Peninsula Employment Services
Limited., 2021 ONSC 998 (Ont. S.C.J.).
• Marazzato v. Dell Canada Inc., 2021 ONSC
248 (Ont. S.C.J.).
April
21,
2021
|
Canadian
Employment
Law
Today
CREDIT:
VALENTINRUSSANOV
iSTOCK
ABOUT THE AUTHORS
Joel Smith is a lawyer with Williams HR Law in Markham, Ont., where he
practises management-side labour, employment and human rights law. He can
be reached at (905) 205-0496 ext. 224 or jsmith@williamshrlaw.com.
Seth Holland is an associate with Williams HR Law, where he practises
management-side labour, employment and human rights law. He can be
reached at (905) 205-0496 ext. 222 or sholland@williamshrlaw.com.
