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  • Conner Lantz
    Keymaster
    Post count: 4836

    Termination vs Permanent layoff
    In the province of Alberta, if through organizational restructuring, positions are permanently eliminated and the message communicated to all affected employees is shortage of work and appropriate severance and notice is provided. Is there a minimum or appropriate timeline required before reintroducing the eliminated position (not recalling the affected employee) and recruit new individuals to the organization?

    Conner Lantz
    Keymaster
    Post count: 4836

    From our payroll expert, Alan McEwan:
    ***
    No. Once a person has been terminated, and paid whatever monies might be owing as wages in lieu of notice, or dismissal without just cause, there’s nothing stopping the employer from replacing the terminated employees, at any time.
    However, if the employer “invents” restructuring as the reason for termination, when the plan all along is merely to replace incumbent employees with others, then I would suggest the employer engage suitably paid lawyers, as there well could be consequences for this type of behaviour.

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