temporary layoff
November 11, 2019 Occasional Contributors Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll,
One of the biggest concerns for employers reorganizing in response to operational requirements is the potential for constructive dismissal claims by employees impacted by the changes.
constructive dismissal, re-employment, recall to work, temporary layoff
February 19, 2019 Devan Marr Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll,
A recent Ontario Superior Court summary judgment decision is a strong reminder that lay-offs are not an automatic contractual right and can trigger a constructive dismissal claim.
constructive dismissal, employment law, layoff, temporary layoff
December 12, 2017 Rubin Thomlinson LLP Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Recruiting and Hiring, Union Relations, Wages and Compensation
On November 22, 2017, the Ontario government passed Bill 148, which includes amendments to the Employment Standards Act (“ESA”), the Labour Relations Act (“LRA”) and the Occupational Health and Safety Act (“OHSA”). On November 27, 2017, Bill 148 received Royal Assent.
Bill 148, child death leave, critical illness leave, Domestic or Sexual Violence Leave, employment law, employment standards act, equal pay for equal work, Family Medical Leave, Holidays, independent contractors, Labour Relations Act, minimum wage, occupational health and safety act, on-call work, ontario employment standards act, overtime pay, personal emergency leave, pregnancy and parental leaves, Public Holiday Pay, record keeping, temporary layoff, termination, Vacations
November 28, 2017 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation
Statutory holidays are days designated by government to mark special occasions or events. In Canada, there are several statutory holidays. Some are national and every province and territory observes the public holiday; some are provincial/territorial holidays, unique to a particular jurisdiction. Typically, a statutory holiday means that workers are entitled to take the day off without losing pay. But this is a general entitlement, with several exceptions and qualifications…
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August 24, 2017 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation
The three popular articles this week on HRinfodesk deal with: an employer who wrongly relied on probation clause to retract offer of employment, a recent Conference Board of Canada report that shows employees are struggling to balance work and eldercare, and protecting your right as an employer to impose temporary layoffs.
claims of wrongful dismissal, constructive dismissal, eldercare, eldercare obligations, employment, employment contract, employment law, mitigation of losses, Ontario Employment Standards, probation clause, temporary layoff, termination without cause, termination without notice, the need for accommodation, work family balance
December 5, 2014 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Union Relations
Small to midsize employers, many HR professionals, and many lawyers proceed based upon completely inaccurate understandings of how employment law works. While there are many examples of this, there are three that I see regularly in my practice: the myth that the severance entitlement in Canada is one month per year, regardless of other factors […]
'rule of thumb, 2000, Bardal Factors, common law, constructive dismissal, employment law, employment standards act, Employment Standards legislation, HR professionals, inducement from prior secure employment, Notice of termination, probationary period, reasonable notice, right to lay employees off temporarily, Small to midsize employers, temporary layoff
April 1, 2014 Michele Glassford Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Union Relations
Layoffs are confusing for many more reasons than simply how to spell it (layoff, lay off, lay-off?) A layoff is a termination of employment; however, the use of the term layoff is usually understood to have a connotation of either resulting from a shortage of work or being temporary in nature, rather than permanent termination or for cause.
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December 6, 2013 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll
The law of employment, like every area, is always evolving. This often works to the consternation of both employers and employees, who would like to have a sense of certainty regarding their rights and obligations. While it may sound self-serving, the ongoing evolution of the law is another reason why it is important to work with an employment lawyer on a regular basis, rather than consult once and assume that the law is the same a decade later. The cases below also serve as reminders of the unpredictability of the law.
2000, absence of a contractual agreement, allegations of misconduct, amount of notice or pay in lieu, an employer is entitled to dismiss an employee at any time, canadian employment law, common law right to temporarily lay an employee off, constructive dismissal, dismissing an employee without cause, employment law, employment standards act, investigation, law of employment, misconduct, Rudner MacDonald LLP, Stuart E. Rudner, temporary layoff, temporary layoffs, termination, terminations
November 27, 2013 Earl Altman Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Wages and Compensation
Employers will often seek to respond to downturns in their business by temporarily reducing head count, with the hope of having those employees return to work when the business improves. This is often referred to as a temporary lay off. Many employers inquire as to their right to temporarily lay off employees, generally in response to financial constraints of the business.
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September 4, 2013 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation
I am fortunate in my practice to work with clients in different industries, ranging from healthcare and social services to traditional manufacturing. Although employment laws generally apply to all industries in much the same way, there are usually certain issues that some industries face more than others. This is true of many clients I assist in the retail industry.
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July 12, 2013 Alison J. Bird Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation
In Trites v. Renin Corp, the court considered “the novel and perplexing legal issue” of whether an employer that is experiencing significant financial difficulties can unilaterally impose a temporary layoff on an employee in the absence of an express or implied term in the contract of employment to support the employer’s action.
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My employer denied me the right to have a support person present at a meeting with HR regarding an investigation into workplace bullying and psychological... – Feb 02, 2:14 PM
Which is more practical, absolutely no office romance policy or allowed but need to disclose? IMO, the need to disclose, while accommodating, complexity and unnecessary... – Dec 15, 1:39 PM
