One of our employees resigned. His last day worked was about 3 weeks ago. He was rehired. He will be keeping his seniority date from his original hire date. Do we need to issue a new employment contract or will the original still apply?
Under the Ontario ESA, if the gap in employment is less than 14 weeks, the two periods of employment for the purpose of determining a person’s right to notice,. For example, if the 1st period was 3 years and the 2nd is 6 months, the person’s service is 3 years and 6 months, for the purpose of the notice required on termination.
For all other purposes, each period of employment can be treated separately under the ESA. At that point, it becomes a matter of what the original contract said or didn’t provide for in the event of termination and re-execution. Chances are, this issue wasn’t addressed. Hope that helps. Glenn