Question
Bruce, a non-union employee, has been temporarily laid off by his employer, who has complied with all of the requirements for a temporary lay-off under
Bruce, a non-union employee, has been temporarily laid off by his employer, who has complied with all of the requirements for a temporary lay-off under Ontario's Employment Standards Act. Bruce's employment contract does not reference temporary layoffs and he is aware of only one other worker who has been laid off from his workplace. In this situation, which one of the following statements is likely true?
Select one:
a.this temporary layoff will constitute constructive dismissal because there does not appear to be either an express or an implied term in Bruce's contract of employment permitting it
b.his temporary layoff will not constitute constructive dismissal because the employer has complied with the requirements of Ontario's Employment Standards Act
c.if Bruce is recalled to the job from which he was temporarily laid off he may refuse to return and sue the employer for reasonable notice damages under the common law
d.Bruce will not be able to successfully argue that there is no implied term in his contract permitting a temporary layoff because a co-worker was previously laid off
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