Temporary Layoffs

Organizations suffering a business downturn may have to initiate temporary layoffs as a cost saving measure for brief or extended periods of time.  During the pandemic, our Firm saw an unprecedented wave of temporary layoffs initiated across all business sectors, and with that, an  extraordinary number of constructive dismissal claims.  

Employment standards legislation in Ontario generally allows employers to initiate temporary layoffs  for periods not exceeding 13 or as long as 35 weeks, whether an employee has agreed with it or not.  

Nevertheless, under the common law, employees may be entitled to  constructive dismissal damages, if an employer institutes a temporary layoff in the absence of express contract clauses permitting the employer to do so.  

Whether your business requires an iron clad employment contract, or advice and representation in connection with legal claims arising from temporary layoffs, our experts are here to help.  The team at JPAK Employment Lawyers have successfully assisted and represented employers in dealing with countless temporary layoff claims.