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1. S.56(2) states that a “temporary layoff” is:
a) A lay-off of note more than 13 weeks in any period of 20 consecutive weeks;
b) A lay-off of more than 13 weeks in any period of 20 consecutive weeks, if the layoff is less than 34 weeks in any period of 52 consecutive weeks and the following conditions are met:
1) The employee continues to receive substantial payments from the employer
2) The employer continues to make payments for the benefit of the employee under a legitimate retirement or pension plan or a legitimate group or employee insurance plan,
3) The employee receives supplementary unemployment benefits,
4) The employee is employed elsewhere during the layoff and would be entitled to receive supplementary unemployment benefits if that were not so
5) The employer recalls the employee within the time approved by the Director, or
6) In the case of an employee who is not represented by a trade union, the employer recalls the employee within the time set out in an agreement between the employer and the employee.
2. 2011 ONCA 831.
3. Ibid at para 14.
4. 2016 ONSC 4127.
5. Ibid at para 10.
6. Chen v Sigpro Wireless, 2004 Carswell Ont 2225.
7. O. Reg. 288/01: Termination of Severance of Employment, under Employment Standards Act, 2000, S.O. 2000, c.41.
8. 2015 ONSC 2843.
9. 2004 CarswellOnt 10996