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ARTICLE · 27 OCTOBER 2011

Laying Off Employees And Deferring Severance: Practical Considerations For Ontario Employers

McMillan LLP
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In the current economy, many employers are facing financial and operational challenges.

CanadaEmployment and HR

Article by George Waggott and Paul Boshyk, Student-at-Law

In the current economy, many employers are facing financial and operational challenges. One of the most common issues which employers struggle with is how to "buy time" on deciding whether or not an employee's separation from the company will be permanent. This document summarizes 10 key strategies which we encourage our employer clients to consider.

1. Assess which employees are covered by the Employment Standards Act

The Ontario Employment Standards Act carves out a number of exceptions, including qualified professionals and those who work in specified industries. Further, certain employees perform federally-regulated work and are covered exclusively by the Canada Labour Code. So as a preliminary point, it is important to know which particular legal regime (if any) applies.

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