Termination or lay off without notice
31(1)Notwithstanding section 30, an employer may lay off an employee without notice
(a)
where there is a lack of work, due to any reason unforeseen by the employer at the time notice would otherwise have been given, for such period as the lack of work continues due to that reason; or
(b)
for any reason, for a period of up to six days.
31(2)Notwithstanding section 30, an employer may terminate or lay off without notice an employee who has refused reasonable alternate employment offered by the employer as an alternative to being terminated or laid off.
31(3)Section 30 does not apply where
(a)
the termination of the employment relationship is due to the completion by the employee of a definite assignment that the employee was hired to perform over a period not exceeding twelve months, whether or not the exact period was stated in the employment contract;
(b)
an employee has completed a term of employment that was fixed in the employment contract, unless the employee is employed for a period of three months beyond that period;
(c)
an employee retires under a
bona fide retirement plan;
(d)
the employee is doing construction work in the construction industry;
(e)
the termination or layoff results from the normal seasonal reduction, closure or suspension of an operation; or
(f)
the termination of the employment relationship arises under such other circumstances as are prescribed by regulation.
1984, c.42, s.17; 1986, c.32, s.3