Showing posts with label ESA s. 56(4). Show all posts
Showing posts with label ESA s. 56(4). Show all posts

Saturday 11 April 2015

Employment Standards Act does not Oust Common Law of Constructive Dismissals for Layoffs: ONCA

Do the statutory provisions in Ontario's Employment Standards Act, 2000 governing the ways by which an employer may temporarily lay-off an employee oust the application of the common-law doctrine of constructive dismissal during the temporary lay-off period?

According to a decision from the Court of Appeal for Ontario, Motion Industries (Canada) Inc. v. McCarthy, 2015 ONCA 224 (CanLII), the answer is “no.”