Employers making dismissal decisions would be best served with employment contracts that grant flexibility in these circumstances with a properly drafted layoff clause. Why? Because the current pandemic has proven that we are not always as prepared as we think we are and must always be prepared for the unexpected.
Ontario employers take note: in a surprise announcement on September 3, 2020, the provincial government announced that it had extended its freeze of temporary layoff limitations. Regular layoff rules had been set to resume on September 4, 2020. Pursuant to O. Reg. 492/20, this date has now been pushed back to January 2, 2021.
In Vienneau v Joy Global (Canada) (2020 NBBR 76) Justice Dysart upheld the validity of the termination clause in the employment contract. Find out why.