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Answer for Temporary Layoff AB

From our payroll expert, Alan McEwan:
No, there is nothing that says a different employee can not be hired for the same position from which an existing employee was laid off.
First, I assume there is no collective agreement or individual contract of employment that has terms that apply to this situation.
Second, the employer would essentially be terminating the employee without just cause at that point. I would imagine it would be pretty hard, having hired a replacement, and having previously laid off the first employee due to a shortage of work, for the employer to offer any legitimate reason that would be a defense against a claim for wrongful dismissal. This would be particularly true if the ROE given for the lay off stated shortage of work for the interruption of earnings. Such a statement by the employer on the ROE would essentially prevent the employer from subsequently arguing the first employee was terminated for anything that would amount to cause.