Duhaime's Law Dictionary


Lay-Off Definition:

A temporary discharge of an employee.

In Air-Care Ltd., Justice Dickson of Canada's Supreme Court adopted this definition:

"Lay-off, a period during which a workman is temporarily discharged."

In 1998, that same high court reiterated the definition by using these words at ¶73 of Canada Safeway Ltd. v RWDSU:

"While in common parlance the term layoff is sometimes used synonymously with termination of the employment relationship, its function in the lexicon of the law is to define a cessation of employment where there is the possibility or expectation of a return to work. The expectation may or may not materialize. But because of this expectation, the employer-employee relationship is said to be suspended rather than terminated."

French: mise à pied.

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