COVID-19 has changed the rules of the employment relationship, leading to countless legal questions, none of which have a black and white answer.
Governments have enacted emergency legislation to permit temporary layoffs at a scale never before seen. Some laid off employees may argue their employers used the emergency legislation opportunistically and in bad faith to get rid of them or in the hopes that they would resign.
The fundamental question will then be: Was the layoff really on account of the pandemic? In most cases, the legal answer is firmly in the grey zone.
The Grey Zone is a new weekly series written by the team at Hyde HR Law, in partnership with Talent Canada. This series explores various workplace issues that senior leaders and HR professionals should consider.