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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100373
Experience:  Lawyer
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Full time employee + years,Aircraft Maintenance Engineer

Customer Question

full time employee for 5+ years,Aircraft Maintenance Engineer for Aero Aviation LTD,Calgary AB ( Aircraft maintenance organization, third party,not attached to any airline but somehow has federally regulated status). I have been employed as the company's only non managerial AME serving role as lead hand, AME,contract worker crew chief, exercising aircraft certification authority requirements. I was also available to fill in or assist the other departments; structural and composite repair. I was layed off with no notice 05 june 2015 and given a letter stating that it was due to lack of work and that I had a (possible recall date of 01 Dec 2015.) I was also told that my heath care and all other benefits would terminate on 05 June 2015, then told that the health care ( dental and prescriptions would be extended to June 15. Prior to my layoff I was engaged in building, modifying and repairing company tools and equipment. During the same period several contract workers were being paid for doing nothing. In a company meeting with all employees and contractors two days before my layoff I was singled out more than once by the general manager for using non revenue hours to work on company assets. At this meeting the GM asked everyone to consider coming in to work each day and then going home with 3 hrs pay if there was no work available and that the various departments needed to help each other in terms of manpower. The GM also stated that if the foregoing did not solve the problem that in a couple of weeks he would have to consider layoffs. He then directed my layoff two days later and also the stores manager but kept all of the contract workers. The GM also asked me before I left if I would be available to work on a contract basis from time to time because there was some work coming up soon and my skills and responsibilities would be needed. I am about to turn 60, have an excellent record and reputation and am having a difficult time finding new employment primarily because of my age I believe and have some questions. Can a company lay off full time employees while keeping day to day contract workers and paying them to do nothing? Does the company have to continue any of my benefits while I am on layoff given a possible recall date of six months less four days from June 05, ( in fact I discovered that they had actually cancelled my health care four days before my lay off)? With my letter stating that if I am not recalled by 01 Dec I will at that time be considered terminated can they withhold my holiday pay and severance until that time? Last but not least should I be seeking legal advice regarding wrongful dismissal if I am not recalled and the company continues to hire contract workers to perform my duties?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
I am sorry to hear this.Unless you are in a union the employer can always decide whom to lay off whether it is fair or not. If the lay-off becomes permanent you are entitled to vacation pay and holiday pay and also benefits and termination pay just as if you had been dismissed when you were laid off. They cannot get out of any of that

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