Temporary Layoff | MacLeod Law Firm

Is a Temporary Layoff under the ESA a termination at common law?

Doug MacLeod — Wed, 09 Jun 2021 14:00:41 +0000

When the COVID pandemic hit Ontario, many employers temporarily laid off employees because business revenues plummeted. To address these massive layoffs, the Ontario government introduced O. Reg. 228/20: Infectious Disease Emergency Leave (the ¨IDEL Regulation¨) under the Employment Standards Act (the ¨ESA¨) which provides, among other things, that temporary layoffs that take place between…

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COVID-19: What a Difference A Month Makes

Doug MacLeod — Tue, 07 Apr 2020 13:12:36 +0000

In over 30 years I have never seen one topic dominate my employment law practice like COVID-19 has over the last three weeks. Some Ontario businesses have gone from working at 100% capacity to 0% because the Ontario government has declared these businesses as non-essential and working remotely is not possible. Other businesses have slowed down but can continue to operate because work from…

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Temporary Layoff Update: Can An Employee Refuse a Recall?

Doug MacLeod — Tue, 05 Feb 2019 18:55:18 +0000

Contrary to popular belief, a temporary layoff usually constitutes a wrongful dismissal which requires an employer to pay the laid off employee termination pay. This general rule does not apply in all situations such as when your employment contract states that the employee can be temporarily laid off, or your organization has a history of temporarily laying off an employee…

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Can I layoff an employee?

Nadia Halum — Thu, 14 Jul 2016 12:43:13 +0000

Ontario’s Employment Standards Act has a definition of a ‘temporary lay-off’ and provides when a “temporary lay-off” becomes a termination. Some of you may be surprised to learn that just because a layoff is defined as temporary by the Employment Standards Act, it can still amount to a constructive dismissal at law. One employer recently learned this lesson the hard way.

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Temporary Layoff – Navigating the Employment Law Waters: Be Very Careful

MacLeod Law Firm — Tue, 03 Jan 2012 03:34:30 +0000

When business softens, employers look at different ways to reduce labour costs. One option is to temporarily lay off workers until business picks up. Selecting this option can be a big mistake. We get calls from employers who have temporarily laid off employees only to receive a letter from a lawyer claiming the laid off employee has been wrongfully dismissed. After reviewing the situation…

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