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Emplo
y
ment Law Today
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Do you know the diff erence
between a layoff and termination?
If you're an employer, you should
BY JEREMY AMBRASKA AND LAUREN DITSCHUN
EACH CANADIAN jurisdiction has its
own employment standards legislation
with unique layoff language and require-
ments. e rules are not consistent or
straightforward and there are many ex-
ceptions and exemptions.
In Ontario, for example, a temporary
layoff is deemed a termination of em-
ployment if the layoff lasts longer than
13 weeks in any period of 20 consecu-
tive weeks. However, a temporary layoff
may last for up to 35 weeks in any period
of 52 consecutive weeks if the employer
continues the employee's coverage un-
der a group or employee insurance plan,
retirement or pension plan, or provides
substantial payments or supplementary
unemployment benefi ts to the employee
during the layoff period.
Moving forward
If you think the option to lay off employ-
ees could be helpful to your business, but
you don't have written agreements to this
eff ect, all is not lost. Do not simply change
your employment agreement without le-
gal advice, as a unilateral change may be
unenforceable.
Innocent absenteeism termination provision
doesn't override duty to accommodate
Collective agreement provision allowing termination after 2 years of absence
due to injury didn't release employer from duty to accommodate
BY JEFFREY R. SMITH
AN ONTARIO municipality's termination
of an employee after he was off work from an
injury for two years was permitted under the
collective agreement but still was a failure to
meet its duty to accommodate, an arbitrator
has ruled.
Robert Reed was hired as a paramedic
for the District of Halton and Mississauga,
Ont., Ambulance Service in November
1984. Twenty years later, the district became
the Regional Municipality of Peel and Reed's
position and employment were transferred
to the newly formed municipality.
On April 15, 2014, Reed was injured on
the job and was granted loss-of-employment
benefi ts from the Ontario Workplace Safety
and Insurance Board (WSIB) for the time he
was off work. e following month, on May
9, he provided a medical note to the munici-
pality that stated he would be off work due
to medical reasons unrelated to his workers'
compensation claim. He began receiving
May 1, 2019
Injured worker dances back
into job after dismissal pg. 3
Employer believed videos of worker dancing
weren't compatible
with physical restrictions
Sexually harassed CRA worker
gets $60,000+ pg. 4
Response to complaint
immediate, but then slowed;
onus put on victim for solution
PROVIDER on page 6 »
CONTRACT
on page 7 »
CREDIT:
BY
TEMP-64GTX/SHUTTERSTOCK
with Brian Johnston
Ask the Expert pg. 2
Changing shift schedule and
days off
