Lay-Off

In Air-Care Ltd., Justice Dickson of Canada's Supreme Court adopted this definition:

"Lay-off, a period during which a workman is temporarily discharged."

In 1998, that same high court reiterated the definition by using these words at ¶73 of Canada Safeway Ltd. v RWDSU:

"While in common parlance the term layoff is sometimes used synonymously with termination of the employment relationship, its function in the lexicon of the law is to define a cessation of employment where there is the possibility or expectation of a return to work. The expectation may or may not materialize. But because of this expectation, the employer‑employee relationship is said to be suspended rather than terminated."

French: mise à pied.

REFERENCES:

• Air-Care Ltd v United Steel Workers (1976) 1 SCR 2
• Canada Safeway Ltd v RWDSU (1998) 1 SCR 1079