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Does a second notice of layoff need to be given to workers?

Expert: Howard Levitt

Lorraine asked:

We currently have a number of employees that were laid off last year, due to normal season reduction in work. Due to reduced volume they have not been called back to work this year.

Can we terminate their employment without notice as notice was already given for the layoff?

Howard Levitt answered:

The question here is whether the workers are unionized or not. In turn, if they are not, the nature of the industry is important.

Generally, under the Employment Standards Act (ESA) they are deemed dismissed after a certain number of weeks of no work. This does vary by province and the workers must then receive at least an ESA severance.

About the author

Howard Levitt, Counsel to the national law firm Lang Michener. He is author of, The Law of Dismissal in Canada, The Quick Reference Guide to Employment Law and an upcoming book on Canadian Hiring Law. He is Editor In Chief of the Dismissal & Employmnet Law Digest.

Phone: (416) 307-4059
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