Unjust Dismissal Under Canada Labour Code

Twelve Consecutive Months

The Regulations passed under the Code define continuity of employment not to have been interrupted where the employee is absent from employment due to a lay-off which is not a termination or the employer permits or condones such an absence. 1

The Federal Court of Appeal had determined that even prior to the date of this regulation passed in September of 1991, the Code interpretation was one to include to season employees and other employees engaged in active work for 12 uninterrupted months, regardless of seasonal lay-offs. 2

As is the case for the manager exception and the issue of discontinuance, this is a complete defence to jurisdiction, when applicable/