What is the test for discontinuance of employment?
Quebec, Canada
The following excerpt is from Ottawa Media Inc. v Chabot, 1987 CanLII 6335 (CA LA):
This last term has led, in Thomas v. Enoch Cree Nation Band, supra, to the application of a two-pronged test related to the employer’s onus of proving such discontinuance. As referred to by both parties in arguments, the test requires: “1. Economic justification [and] 2. Reasonable explanation for the choice of employee laid off”.
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