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temporary layoff

By Barry B. Fisher LL.B. | 3 Minutes Read May 29, 2023

Silence is not condonation in temporary layoff cases

In Pham v. Qualified Metal Fabricators Ltd., 2023 ONCA 255, an appeal to the Ontario Court of Appeal, the Court overturned the trial judge’s finding that because the Plaintiff did not actively protest his layoff for 9 months, that he had in fact accepted the legitimacy off the layoff and thus could not claim that he had been constructively dismissed at the time of the layoff.

Article by Barry B. Fisher LL.B. / Employment Standards, Payroll / condonation, employment contract, employment law, temporary layoff, termination Leave a Comment

By Vey Willetts LLP | 3 Minutes Read March 11, 2022

COVID downturn in business not a frustration of employment

force mejeureFrustration, in the employment law context, describes a situation where ongoing employment has been rendered untenable by an unanticipated change in circumstances beyond the parties’ control.

Article by Vey Willetts LLP / Employment Standards, Payroll / employment law, employment standards act, frustration of contract, frustration of employment, frustration of employment contract, layoff, pandemic, temporary layoff, termination

By SpringLaw | 3 Minutes Read January 12, 2022

The impact of the pandemic on termination entitlements

As the pandemic continues, and as we see more court decisions that analyze terminations that took place during the pandemic, we are gaining some clarity on how courts are viewing the impact the pandemic has had on a variety of factors.

Article by SpringLaw / Payroll / aggravated and punitive damages, Canada Emergency Response Benefit CERB, employment law, mitigation efforts, notice period, pandemic, temporary layoff, termination, termination entitlements

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