Showing posts with label ESA s. 56(1)(c). Show all posts
Showing posts with label ESA s. 56(1)(c). Show all posts

Sunday 23 April 2023

Court of Appeal Clarifies Test for Condonation of Layoff

If an employee does not immediately object to being laid off, or “furloughed,” does that mean that the employee has agreed to or condoned such action?

In Pham v. Qualified Metal Fabricators Ltd., 2023 ONCA 255 (CanLII), the Court of Appeal for Ontario held that an employer cannot infer consent to a layoff from mere silence.