I am so very confused wether a temporary layoff amounts to constructive dismissal.
From the ESA (
https://www.ontario.ca/document/your-guide-employment-standards-act/termination-employment#section-3)
"If an employee is laid off for a period longer than a temporary layoff as set out above, the employer is considered to have terminated the employee’s employment. Generally, the employee will then be entitled to termination pay."
Ok, cool, less than 13 weeks equals a temporary layoff, employee is not entitled to any termination pay
Based on this legal article (
Protecting your right to impose temporary layoffs - Emond Harnden)
"Despite an employer’s right to temporarily lay off an employee under the
ESA, where an employment contract does not provide for the possibility of such a layoff, Ontario courts have sided with laid off employees who claim to have been constructively dismissed."
So unless your employment contract has a statement allowing for temporary layoffs, you can sue for termination pay.
Makes no sense