Business group applauds province’s change to layoff rule

Jun 25, 2020 | 1:43 PM

The Greater Vernon Chamber of Commerce is thanking B.C.’s Labour Minister for the government’s decision to extend the temporary layoff provision to a maximum of 24 weeks, expiring at the end of August.

“We completely agree that the goal is to maintain connections between employers and workers who have a joint interest in supporting the economic recovery of businesses in B.C. and the jobs that go with them,” Chamber president Krystin Kempton said in the letter to Harry Bains.

“Through the extension, employers will be able to focus on rebuilding their businesses and still have the ability to recall skilled and experienced employees essential to reopening. It also benefits employees who are committed to supporting their families and communities,” Kempton added.

Bains said the extension will give employers and workers more certainty and flexibility to support economic recovery with the expectation that businesses honour their obligations to workers and reach agreement with their employees in the event a further extension is required.

“Our goal is to maintain connections between employers and workers who have a joint interest in supporting the economic recovery of businesses in B.C. and the jobs that go with them. Employers who are not able to return to full operations and need additional time can do so with agreement from their employees, but we expect those employees will be recalled when operations have resumed,” Bains said.

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Kempton said it is difficult to know if an additional extension beyond Aug. 30 will be required as the pandemic’s impact on the economy is extremely fluid.

“But we appreciate that government will continue discussions with worker and employer representatives, and our Chamber is willing to provide any assistance we can that supports employers and employees,” she said.

Section 72 of the B.C. Employment Standards Act provides a tool unique in Canada, allowing employers and workers to extend temporary layoffs by making a joint application to the Employment Standards Branch.

With employers gaining a newly-extended temporary layoff period, the province must now ensure those laid-off workers have the right to return to their jobs when the layoff ends, BC Federation of Labour president Laird Cronk said today.

“This economic recovery can’t be at the cost of workers,” he said.

“We believe there were better options than a blanket extension of the temporary layoff period. But now that the decision’s been made, we need to make sure workers affected by the extension have a right to go back to their jobs.”

Cronk said the BCFED will continue its push to ensure workers subject to temporary layoff have the right of recall. Recall rights would ensure laid off workers are rehired if work becomes available before the temporary layoff period expires. It also prevents an employer from replacing them with other workers. Neither of these protections currently exist in the Employment Standards Act.

“If employers are getting more time to get their business back on its feet, it’s only fair that workers have the right to return to their jobs when that period ends,” Cronk said. “Employers argued an extension would help them bring their employees back — so let’s make sure they do.”

by Pete McIntyre

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