Is layoff implied as an implied term in an employment contract?
New Brunswick, Canada
The following excerpt is from Davenport v Metalfab Ltd, 2012 NBQB 371 (CanLII):
21. As Drapeau, C.J.N.B., reiterated in Cannon v. Lange, supra, the respondent “must lead trump or risk losing”. The above referenced evidence lacks particularity and in my view falls far short of that required to establish layoff as an implied term of the plaintiff’s employment contract.
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