Chapter 14

An employer is not required

to provide notice of a temporary layoff, even if it offers no recall date

Is an employer required to provide a recall date in order for a layoff to be considered temporary?

- Under sections 56 of the ESA an employer is NOT required to provide a recall

A mass termination occurs when an employer terminates

50 or more employees in a period of four consecutive weeks

Statutory notice of termination and severance pay requirements under the ESA serve different purposes. Describe the different purposes

Notice of termination ( or pay in lieu of such notice) is intended to provide an employee with income while he or she looks for another job -2. Severance pay under the ESA is intended to compensate longer term employees for their loyalty, loss of seniority and loss of job related benefits

Must notice of termination under the ESA be in writing? Must it indicate the reasons for termination?

Under the ESA, notice of termination MUST BE IN WRITING. However, there is no legislative requirement under the ESA to provide reason for the termination.

A termination notice must

be in writing and must be delivered to the employee in person or by mail, fax, or email

• Under employment standards legislation

employees are entitled to receive notice of termination or pay in lieu of notice

Temporary Layoffs

is a layoff that lasts for a specified period of time before employees are recalled

Severance pay

is a one-time lump-sum payment that is made in addition to any notice or pay in lieu of notice requirements

Severance pay is only available to employees who

of five years' or more service, and where the employer's payroll is at least $2.5 million

Employers must pay dismissed employees

outstanding wages, vacation pay, and termination and severance pay no later than seven days after employment ends or on the day that would have been the employee's next payday, whichever is later