Many of our clients are considering the use of temporary layoffs to deal with the impact of the coronavirus on their businesses. For ease of reference, we have outlined the rules under the provincial employment standards legislation across Canada, and for federally regulated employers, the federal Canada Labour Code.
Please note that there is some risk that a temporary layoff could trigger a constructive dismissal where there is no term in an employee’s contract allowing for such, a company policy providing for such, or a past practice of temporary layoffs at the company.
Miller Thomson is closely monitoring the COVID-19 situation to ensure that we provide our clients with appropriate support in this rapidly changing environment. For articles, information updates and firm developments, please visit our COVID-19 Resources page.