Key Facts

• CNESST claimed $14,602.56 for unpaid termination notice owed to Serge Tremblay.
• Tremblay was informed of his termination on January 11, 2022.
• Ray Refrigeration argued that Tremblay was temporarily laid off under Section 83 of the Act Respecting Labour Standards, thus no notice was required.

Issues

1. Was Tremblay terminated or temporarily laid off?
2. If terminated, what compensation is owed?

Court's Findings

1. Termination Confirmed:

   • Evidence showed a clear intent of permanent termination on January 11, 2022.
   • Communications, including statements from company representatives, indicated no plans for recall.
   • Tremblay’s vacation pay was settled as if his employment had ended permanently.
   • Attempts to retroactively characterize the event as a temporary layoff lacked credibility.

2. Compensation Owed:

   • Tremblay was entitled to a termination notice in compliance with the Act Respecting Labour Standards.
   • CNESST’s claim amount was uncontested.

Decision

• The court ruled in favor of CNESST, ordering Ray Refrigeration to:
  • Pay $14,602.56, plus interest from May 24, 2022.
  • Pay additional damages of $2,920.51, with interest from June 27, 2022.
  • Cover court costs.