Temporary redundancy is a way to alleviate economic hardship for both employers and workers. Temporary layoffs are often due to economic recession, labour shortages and seasonal work. To require a worker to return to work after a layoff, an employer must issue a recall notice to the employee. To be valid, the opinion must be: Nevertheless, some courts have deducted a right to the imposition of temporary dismissal in the absence of an explicit right to contracts in limited circumstances; (z.B. where: Employment contracts may be amended to add a temporary termination clause, but the employer will be required to provide additional consideration (i.e. a benefit) in exchange for consent to a more difficult period of employment. In a recent warning, Bevilacqua v Gracious Living Corporation, the Ontario Supreme Court ruled that the employer, Gracious Living, was not entitled to unilaterally impose a temporary dismissal in the absence of a contractual clause, even if the temporary dismissal was the FIT. The court found that Gracious Living had constructively dismissed Mr. Bevilacqua, a 15-year-old employee. Although Gracious Living put Mr. Bevilacqua on a temporary layoff with a set departure and end date, the duration of which would not have exceeded 13 weeks over a consecutive period of 20 weeks and, although Mr. Bevilacqua continued to benefit from corporate benefits, the Court found that, in the absence of an express or tacit contract permitting temporary dismissals in accordance with ESA provisions, Gracious Living could not impose such dismissal without triggering the termination of Mr. Bevilacqua`s employment.
Employers may be surprised to learn that they do not have the general right to impose temporary redundancies. In general, the concept of “dismissal” does not exist. A worker is either employed or not employed. The Court of Justice in Nuala MacDonald-Ross/Connect North America, 2010 NBQB 250 explained this principle as follows: if a worker`s contract does not contain a temporary termination clause, the employer and the worker may accept a temporary dismissal, provided the agreement meets the minimum standards set out in existing labour standards legislation. The best practice is to conclude these agreements in writing. In times of financial uncertainty, employers who want to reduce costs can quickly switch to temporary layoffs. From the employer`s point of view, layoffs allow for short-term emphasis on their obligations to workers while maintaining the long-term employment relationship. However, if layoffs are not treated properly, the employer may run the risk of asserting rights for irregular or constructive dismissal.