What are the different types of termination notices and periods?
In some cases, employment terms can go by many names and still have the same accepted legal definition. “Termination,” or « termination notice » for example, is also known as “firing,” “dismissal,” or “being let go,” to name just a few. However, some employment terms have limited synonyms with entirely different meanings, depending on context. A prime example is “giving notice,” which can be used in a variety of scenarios (such as promotions or dismissals), and viewed from diverse perspectives (like employee resignation notice or employer written notice).
What are the rules for termination in Canada?
When most people think of an employer “giving notice,” it is usually in the context of termination. In this situation, a specific number of weeks’ notice of the termination must be provided. That number is based on an employee’s length of service, as outlined in employment standards legislation. Although this definition is the most common application of the employment standards requirement, notice provided by an employer can also be delivered in other ways, such as pay in lieu of notice or working notice.
What is just cause termination?
Generally, employers must provide notice when dismissing an employee. The exception being of cases where there is serious misconduct or negligence. If the employee is being dismissed for just cause, the employer is not obligated to provide notice or pay in lieu. The reasons for terminating an employee for just cause are many. They include serious infractions such as theft, fraud, sexual harassment, conflict of interest, or wilful misconduct. It may take only one provable “flagrant” incident to be considered a just-cause termination.
Termination and severance in Canada
For employees with long-term service, the courts have recently been awarding generous termination packages to people over fifty, regardless of position. The premise is that although there is protection against age discrimination under human rights legislation, it’s difficult for individuals over fifty to find employment after. It’s advisable to consider the following factors when giving notice and determining compensation and the overall exit strategy: the age of the employee, the length of service, the position held by the employee, and the employee’s level of compensation.
From an employer’s perspective, the specific rules and regulations for providing to notice an employee are often varied and complex. If you are in doubt about the finer points involved with giving an employee notice. Whether for terminations or otherwise—you should consult the employment standards legislation particular to your industry and jurisdiction.
Will your next termination stand up to scrutiny if challenged in a Canadian court?
For more information, check out our blog post, How to Write a Termination Letter (With Samples). Our experts review the basics of terminating an employee and shed light on giving notice and what often gets missed.
Or check out our webinar replay, Managing Terminations and Attendance Issues, with our Senior HR Professional, Kim M. for more.
Have a specific question about terminating an employee?
Our Canadian HR professionals can help. Employee terminations are high-stakes responsibilities. One mistake can lead to significant consequences. But with the right documentation, processes, and policies in place, you can manage these challenges without the stress of uncertainty. Citation Canada’s experts are here to help. We offer:
- Canadian-made content for every jurisdiction: Our packages include hundreds of pre-made HR documents, including termination letter templates, attendance management policies, and more.
- Live HR advice and consulting from experienced professionals: Our experts provide tailored HR and safety guidance whenever you need it, backed by decades of experience.
- Online training for employees and company leaders: Assign and manage hundreds of online employee training courses like with our user-friendly learning management software.
Explore our HR and health and safety software and solutions today. Speak with one of our HR or workplace safety consultants now, or visit our pricing page to explore our flexible packages today.
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