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The History of the Layoff

by David Doorey February 22, 2009
written by David Doorey February 22, 2009

Here’s a curious little story run in the Star today about the history of the layoff, a charming (and sadly very relevant) topic today.
My employment law students are usually surprised to learn that layoffs are a breach of the employment contract since most non-union employment contracts do not include a term permitting the employer to layoff an employee.  Because an implied term of the contract is that employers will permit the employee to come to work and perform their job, a layoff (or a suspension without pay) will be a breach of the contract. 
When the layoff is permanent, it is just a dismissal.  If it is a ‘temporary’ layoff, the employee can accept it and hope to be recalled, or can treat the layoff as a constructive dismissal and sue the employee. In either case, the employee would be entitled to ‘reasonable notice’.  Employment standards legislation includes a rather complex system for defining when statutory notice is payable in the case of a ‘temporary layoff’.  Layoffs are usually legal in unionized workplaces because employers bargain a right to layoff term into the collective agreement.

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David Doorey

Professor Doorey is an Associate Professor of Work Law and Industrial Relations at York University. He is Academic Director of Osgoode Hall Law School’s executive LLM Program in Labour and Employment Law and a Senior Research Associate at Harvard Law School’s Labor and Worklife Program. Professor Doorey is a graduate of Osgoode Hall Law School (LL.B., Ph.D), London School of Economics (LLM Labour Law), and the University of Toronto (B.A., M.I.R.).

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Law Prof. Talking #labor & #employment #law #Gig to the masses. Alpaca ❤️ @YorkUniversity @OsgoodeNews @LSELaw @LWPHarvard @Jacobin @OnLaborBlog https://t.co/5V9r8VPHsh

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TheLawofWorkDavid J. Doorey🇨🇦@TheLawofWork·
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Looks great!

I took an international labor law course at LSE/Kings College taught by Keith Ewing, Brian Bercusson, Aileen McColgan, and Paul Davies.

Incredible course. And so important.

Desiree LeClercq@LeclercqDesiree

Excited to teach my new #internationallaborlaw course critically considering how labor rights are designed & enforced. The class balances decolonial theory w/ practical experiences. My syllabus (with names redacted) below. 1/

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TheLawofWorkDavid J. Doorey🇨🇦@TheLawofWork·
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Remembering time I spoke at @SteelworkersCA conference. I joined International President Leo Gerard on an elevated platform stage.

Back leg of chair was off back of stage. Sat down and fell backyards off stage until Leo caught me, pulled me back up, muttering “fucking lawyers”

United Steelworkers #EverybodysUnion@SteelworkersCA

International President Tom Conway takes the stage for his keynote address 🔥🔥🔥 - a big welcome to the five thousand Steelworkers, together for the first time since the pandemic! #EverybodysUnion #1u 2

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TheLawofWorkDavid J. Doorey🇨🇦@TheLawofWork·
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Yes I’m sure they would like to repeal human rights legislation but enact a new Freedom Protection Act that protects ‘rights’ they want, like anti-vaxer rights.

Sean O'Donnell@SJOLegal

@TheLawofWork Given that the Ford Government has stymied the HRTO for years, I don't think this crowd will see any joy through that avenue.

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