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  1. #1
    Law Curious
    Join Date
    Jan 2009
    Law Forum Posts
    8

    Default Stretching the truth

    Is it legal to have an employer tell you they are going to lay off an hourly employee due to ''lack of work'', but then they run advertisments looking for commissioned workers due to increase in workload?

  2. #2
    Legal Forum Associate
    Join Date
    Jan 2009
    Location
    BC, Canada
    Law Forum Posts
    64

    Default

    I'm not sure of this situation, but in Canada, if they lay off a person who is a permanent worker (worked at the company for 6 + months) and say it is because there is a "lack of work" then that is illegal, or at least you can go to the labour board and dispute it.

    I'm pretty sure you can go to the labour board for that, though; you may not be able to dispute your case, however, if you are not a permanent employee.

    I hope that helps, at least some what.

  3. #3
    Legal Forum Associate
    Join Date
    Jan 2009
    Law Forum Posts
    32

    Default

    I would think it is illegal yes.

    In the UK, one would have to be 'made redundant' which effectively means you are being fired bacause the job is no longer there. it would then be illegal for that company to advertise the same position.

    I am sure the worker in question would have suitable grounds to dispute their dismissal.

  4. #4
    Legal Forum Partner
    Join Date
    Dec 2008
    Law Forum Posts
    121

    Default

    It depends on the working status of the worker who has been laid off and the legal cover that the worker enjoys. In most cases the company has the right to lay off workers and no one can influence its personal decision making process.

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