Generally, a substantial reduction or elimination of hours and wages would be consider a constructive dismissal, unless there is a contract that says otherwise. And employers are liable for termination notice or pay instead of that notice, and other entitlements and damages flowing out of the constructive dismissal. 

As a response to the pandemic, the Infectious Disease Emergency Leave (IDEL), regulation made under the authority of the Employment Standards Act, 2000, came into force. Its rules transform the understanding of constructive dismissals. 

In particular, reduction or elimination of hours and wages is deemed an emergency leave under IDEL and not a constructive dismissal. But for what purpose? Can an employee bring a lawsuit against an employer for constructive dismissal because they experienced elimination of hours of work? Listen to Nadia and Antonio talking about this issue.  

To reach Nadia click: Nadia Halum Arauz

To reach Antonio click: Antonio Urdaneta