Temporary Layoff – Navigating the Employment Law Waters: Be Very Careful
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, we often advise the employer that the employee has likely been wrongfully dismissed.
“What do you mean I owe the guy termination pay?”
“The Ministry of Labour told me I could temporarily lay him off without providing him with any notice of termination.”
This is one of those times when employers are exasperated by the employment laws in Ontario.
It is true that an employer can often avoid providing notice of termination of a “temporary” layoff under the Employment Standards Act. An employer cannot generally, however, avoid providing reasonable notice of termination in connection with a temporary layoff at common law.
The good news is that by reserving the right to temporarily layoff an employee in an employment contract, an employer can avoid the common law obligation to provide reasonable notice. As long as the contractual provision complies with the Employment Standards Act, it is generally enforceable.
Lessons to be learned: Make sure you obtain employment law advice before laying off an employee. Always require employees to sign an employment contract.
To download a copy of our publication, 20 Areas to Consider When Conducting Your Own Workplace Audit, please visit wwww.macleodlawfirm.ca/employers.
If you have questions about employment contracts or employee layoffs, please contact us at [email protected] or call us at 1-888-640-1728 anytime
The material and information in this blog and this website are for general information only. They should not be relied on as legal advice or opinion. The authors make no claims, promises, or guarantees about the accuracy, completeness, or adequacy of any information referred to in this blog or its links. No person should act or refrain from acting in reliance on any information found on this website or blog. Readers should obtain appropriate professional advice from a lawyer duly licensed in the relevant jurisdiction. These materials do not create a lawyer-client relationship between you and any of the authors or the MacLeod Law Firm.
Doug’s Top 5 Employment Law Stories of 2022
Here are my top 5 employment law stories for 2022: 1. COVID 19 - Temporary Layoffs This issue remains my number one story because this issue impacts so many court cases. Some judges have concluded that a temporary layoff set out in the Infectious Disease Emergency...
Reducing Litigation Risk
In a recent case, Pohl v. Hudson’s Bay Company, 2022 ONSC 5230 (CanLII),an employer was ordered to pay a long service employee the equivalent of about 3 years pay and contribute about $ 35 000 to his legal fees. Although this was a without cause termination case, it...
Employment Law Update: Electronic Monitoring Policy
A new amendment to the Employment Standards Act requires employers with 25 or more employees on January 1st of a given year to put in place a written policy regarding any electronic monitoring processes they use to monitor employees. The deadline for 2022 is October...