[33] The ESA does not displace greater contractual or common law rights and protections: Machtinger v. HOJ Industries Ltd., 1992 CanLII 102 (SCC), [1992] 1 S.C.R. 986, [1992] S.C.J. No. 41, at para. 25; Miranda v. Respiratory Services Limited, 2022 ONSC 6094, at para. 60, citing ESA, ss. 5(2) and 8(1). The fact that a layoff was conducted in accordance with the ESA “is irrelevant to the question of whether it is a constructive dismissal”: Bevilacqua v. Gracious Living Corporation, 2016 ONSC 4127, at para. 9.
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