The extended time period for employees on a temporary lay-off under the Employment Standards Act is set to expire at the end of this month.
If a provincially regulated employer has employees it does not intend to recall by August 30, 2020, it must apply for a variance before August 25, 2020.
If a variance is not applied for, the layoff will be considered permanent and the employer will be obliged to comply with the provisions under the Employment Standards Act regarding notice and/or payment on termination, as well as any obligations under an employment contract, or the common law. The government has created an online form to complete when applying for a variance which can be found here .
This article is intended to be an overview of the law and is for informational purposes only. Readers are cautioned that this article does not constitute legal or professional advice and should not be relied on as such. Rather, readers should obtain specific legal advice in relation to the issues they are facing.