April 14, 2025 from Canadian HR Reporter
Spring and summer bring seasonal hiring needs — from golf courses and landscaping to camps and retail. But just because the employment is temporary doesn’t mean employers can cut corners. Seasonal employees are entitled to the same rights and protections as full-time staff. Here’s what you need to know to minimize legal risk.
Temporary Layoffs Aren’t Automatic
Many employers assume they can lay off seasonal employees without consequences once the season ends. But unless there is an express or implied contractual right to do so, this could amount to a termination.
In provinces like Ontario, laying off an employee without a valid employment contract can entitle them to notice or pay in lieu, and even severance. If the layoff extends too long — sometimes as short as 13 weeks — it may be deemed a termination under provincial law.
Best practice: Have seasonal employees sign enforceable employment contracts with clear language about layoffs and termination entitlements. Regularly review contract wording with legal counsel to ensure it holds up in court.
Case Example:
In Smith v. Lyndebrook Golf Inc., a seasonal worker was awarded five months’ notice after being terminated mid-season with no valid contract in place. The court cited the difficulty of finding new work during the summer and the lack of clear agreement limiting termination pay.
Hiring and Firing: Watch for Human Rights Violations
Discrimination — even if unintentional — can create liability. Employers must avoid decisions based on protected grounds such as disability, race, religion, gender, and age. This includes during hiring and layoff decisions.
Best practice: Standardize interview questions, tie them directly to job requirements, and keep all documentation. If you lay off a seasonal worker before the scheduled end of employment, document the reason and confirm it aligns with business needs — not personal traits.
Case Example:
In Galoglu v. A Wesley Paving, an employee was laid off after a workplace injury. The tribunal ruled the layoff was discriminatory because the employer didn’t prove it was justified or attempt to accommodate the employee.
Injury Risk Doesn’t End When the Season Does
Injuries to seasonal workers can still have long-term cost consequences under workers’ compensation systems. A short-term employee’s injury could result in long-term benefits, especially if the employer fails to engage in the return-to-work process.
Best practice: Provide proper health and safety training to seasonal staff, and proactively participate in workers’ comp processes if an injury occurs. Document return-to-work discussions and explore accommodations where possible.
Case Example:
In Decision No. 1667/13, a seasonal employee was entitled to ongoing benefits after being injured just before the layoff period. The employer’s failure to participate in the compensation process increased its liability.
Whether it’s day one or the end of the season, the same principles apply: clear contracts, consistent processes, and proactive documentation protect both the employer and the employee. Doing things right from the start can prevent expensive claims down the road.
Considering an IME or document review to resolve an insurance claim, legal file, or workplace health and safety issue?
Our specialists provide evidence-based opinions, so get in touch with Western Medical today to learn more about our services.