The employer appealed a decision of an Employment Standards Officer requiring it to pay termination pay to the employee.
The employer argued the employee quit, while the employee claimed he was laid off.
The Board found that the employer agreed to lay off the employee for medical reasons to allow him to collect Employment Insurance, rather than requiring him to quit.
Having chosen to effect a lay-off, the employer was required to pay termination pay under the Employment Standards Act.
The appeal was dismissed.