More than you bargained for: Seniority of assumed employees still relevant even where purchaser is granted broad release
In Antchipalovskaia v. Guestlogix Inc., 2022 ONCA 454 (“Guestlogix”), the Court of Appeal for Ontario recently held that where an employee is terminated and re-hired in the course of proceedings under the Companies’ Creditors Arrangement Act (Canada) (“CCAA”) and any claims associated with that termination are released, the employee’s pre-CCAA service period remains relevant in determining their entitlements if they are subsequently terminated again.
