Recall date required

|Canadian Employment Law Today

Ponciano Arzadon Jr. was the plant manager of Spectrum Plastics Co. Ltd. As a response to increased returns of defective products and the loss of a number of valued employees, the president of Spectrum, Arturo Arzadon, took over as plant manager temporarily to address quality-control concerns.

On March 15, 2000, Mr. Arzadon Jr. was notified by letter of the layoff which was characterized as temporary but with no return date. The record of employment he was given indicated he was temporarily laid off due to internal reorganization with the date of recall listed as “unknown.”

Mr. Arzadon Jr. wrote to the company on May 18, 2000, asserting that he had been terminated and demanded payment of outstanding termination pay. The company responded by confirming its intention to recall Mr. Arzadon Jr. at some point prior to the end of the 13-week temporary lay-off period. Mr. Arzadon Jr. asked the Ministry of Labour to investigate the situation. On June 16, 2000, Spectrum wrote to Mr. Arzadon Jr. to inform him that he was being recalled to work on Aug. 3, 2000. Because Mr. Arzadon Jr. had taken the position that he was terminated, he did not return to work.