Acts and Regulations

E-7.2 - Employment Standards Act

Full text
Notice of termination or lay off of more than ten employees
32(1)No employer shall terminate or lay off in a four week period more than ten employees if they represent at least twenty-five per cent of the employees of the employer in a four week period without first having given to the Minister, the employees affected by the termination or layoff and, where the employees are covered by a collective agreement, to the employees’ bargaining agent, at least six weeks notice of the termination or layoff.
32(1.1)Where the length of notice of termination or layoff which is required by a collective agreement exceeds the length of notice required by subsection (1), the employer shall give to the Minister, the employees affected by the termination or layoff and the employees’ bargaining agent, the notice required by the collective agreement.
32(2)A copy of the notice required to be given under subsection (1) or subsection (1.1) shall be posted so as to be available for the information of all employees.
32(3)Subsection (1) 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 retires under a bona fide retirement plan;
(c) the employee is doing construction work in the construction industry;
(d) the termination or layoff results from the normal seasonal reduction, closure or suspension of an operation; or
(e) the termination of the employment relationship arises under such other circumstances as are prescribed by regulation.
32(4)Nothing in this section shall defeat a right that any employee may have under a collective agreement.
1983, c.30, s.8; 1984, c.42, s.18; 1986, c.8, s.37; 1988, c.59, s.11