Some Questions Regarding Notice of Termination

The Employment Standards Act is the law that contains basic rules about employing people and working. Both employees and employers have rights and

responsibilities under the Act.

 

Termination of employment is when an employee stops working for the employer.

There are other words that mean the same as termination: “being let go”, “discharged”, “dismissed” or “fired”.

 

Yes, under the Employment Standards Act an employer can terminate an employee at any time. But the Act says an employer must give an employee proper notice of termination or termination pay instead of notice.

 

Under the Employment Standards Act, there are no specific rules or steps that employers have to follow, except for giving proper notice.

 

            It depends on how long the employee has been working for the employer:

 

            How long with employer                                   Notice Period or Termination Pay

            .           Less than three months                                                  0

            .           3 months, but under 1 year                                            1 week

            .           1 year, but under 3 years                                              2 weeks

            .           3 years, but under 4 years                                             3 weeks

            .           4 years, but under 5 years                                             4 weeks

            .           5 years but under 6 years                                              5 weeks

            .           6 years, but under 7 years                                             6 weeks

            .           7 years, but under 8 years                                             7 weeks

            .           8 years or more                                                            8 weeks

 

            .    Proper written notice of termination

                An employee who has worked three months or more for an employer is entitled

                to written notice that states when the job will end.  

            .    Vacation Pay

                An employee, even if he or she has worked for an employer one day or less,           

                may be entitled to get at least 4% of his or her total wages as vacation pay.

            If an employee does not get written notice, then the employee should get            

            termination pay instead. Termination pay is the pay and benefits that cover the

            period of notice that the employer was supposed to give the employee.

 

         When an employee gets written notice, he or she must continue to work during the                

          notice period. During this time the employer must pay the employee his or regular

         wages and any benefits that are normally paid to the employee and for the

         employee.

         When an employee gets proper written notice he or she does not get termination

          pay.

         No, not all employees get notice of termination or termination pay. An employer

         does not have to give notice if the employee:

         .    is hired for specific task or period and is terminated the task is finished or the

              period is over.

         .    is fired for wilful misconduct, disobedience or wilful neglect of duty that was not

              trivial and not condoned by the employer.

         .    is doing construction work on site.

         .    has retired.

         .    has refused reasonable alternative work with his or her employer.

         .    has refused work available through a seniority system.

         .    does not come back from a layoff within a reasonable time when asked by his or

              her employer

         .    is free to decide when he or she wants to work, and can turn down work when it

              offered.

         .    is terminated during or as the result of a strike or lock out at an employee’s place

              of work

         .    An unexpected event – such as fire or flood- makes it impossible for the

              employer to keep an employee employed.

 

          The employer does not have to give written notice or other advance warning if the

          layoff is short term or temporary. Nor is there a requirement to tell employees why

          they are being laid off. The employer can lay off up to 13 weeks in any consecutive

          20 weeks without specifying the return date. The employer may also be able to lay

          off for 35 weeks in any consecutive 52 weeks if the employee is receiving benefits.

 

         Employment Insurance is not a provincial program and does not affect employee’s

         entitlement under the Act.

 

         Wrongful dismissal is not covered under the Employment Standards Act, and the              

          Ministry of Labour does not handle wrongful dismissal. An employee who feels

          that he or she has been wrongfully dismissed may want to consult a lawyer and

          pursue the matter through the court system.

 

This information is provided for guidance only and should not be considered as a legal advice.

This article is provided by Rajinder K. Batra, who is a retired Employment Standards Officer with the Ministry of Labour with 15 years experience in these matters.

If you have any questions regarding your employment, please contact the writer by e-mail at esaconsulting@hotmail.com

If you don’t have access to e-mail; you can fax your question at (905) 331-1805.