Procedures when rehiring an employee – Ontario

[vickyp]

#80171

Forum: Community

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?

[vickyp]

#80170

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

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