Alternatives, advice when looking at layoffs: Sudbury Chamber offers a look at before, during and after.

• Author: Stewart, Nick
• Position: NEWS

Scaling back one's workforce may sometimes seem unavoidable in today's economy, but there are alternatives and advice to consider before doing so, according to several speakers at a recent Sudbury event.

At a breakfast held by the Greater Sudbury Chamber of Commerce in early March, various presenters outlined to attendees the options and opportunities available to employers and employees alike.

"It's a delicate balance of managing workforce reduction against your costs and needs," says Andre Dumais, manager of corporate services with Bestech. "We've had to look at some reductions at our business, and it's definitely something you struggle with."

If cutbacks are looming as a possibility, employers should consider the potential use of Service Canada's work-sharing program, says Glenn Budgell, program officer with Service Canada.

This program allows employers to reduce the work week, while Employment Insurance (EI) benefits are paid to the eligible workers for the hours they're not working.

These agreements can span six to 52 weeks with anywhere from 20-60 per cent reduction in weekly hours.

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This allows employees to remain employed and be compensated for days when no work is available, while employers are able to keep their staff and avoid expensive rehiring and retraining costs, Budgell says..

Although the work-sharing program is available for employers whose need to reduce their normal level of business is temporary and beyond their control, it is not about helping to retain seasonal workers during slow seasons.

Should the situation require layoffs or termination, however, employers need to be mindful of certain legal realities, says Brian Gatien, president of Gatien Human Resources Law and chair of the Greater Sudbury Chamber of Commerce.

While there exists some general confusion as to whether seniority plays a legal role in who can or cannot be dismissed, Gatien says that there are no statutory obligations dictating that seniority should be a factor. Outside of a unionized environment, employers may choose who ever they wish to stay or leave.

The only thing that requires consideration in this instance is the certainty that the decision to terminate a particular employees isn't based in some form of discrimination, such as age, race, religion, creed, or colour.

"Sometimes, choosing the best employee may mean choosing the youngest employee, or choosing the oldest employee, and you just want to make sure that age is not...