Ask an Expert
Are layoffs always considered a dismissal?
Expert: Howard Levitt
When laying off employee(s), must the employer of a federally regulated, private company hire back the employee(s), when there is a need in the near term (three to six months)?
Howard Levitt answered:
That is true if they are in a union; however, if they are not part of a union, than the layoffs becomes a dismissal.
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
Website Bio: http://www.langmichener.ca/index.cfm?fuseaction=people.personDetail&id=9659.