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Employers beware: The myth of temporary layoff may result in a wrongful dismissal liability

The primary purpose of this article is to examine, in a non-union setting, some instructive British Columbia cases on the “temporary layoff” provision in the B.C. Employment Standards Act1 (“ESA”) with a view to providing the reader some guidance on the subject matter by setting out governing principles for its interpretation. The author will conclude by suggesting the temporary layoff definition of the ESA should be amended to more clearly reflect the intent of the statute as articulated in recent court decisions.

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