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Notice of Termination
If you have been dismissed from the workplace, you are entitled to notice of termination if you have been continuously employed for at least three months. The amount of notice to which you are entitled depends on your “period of employment.”  An employee’s period of employment includes not only all time while the employee is actively working but also any time that he or she is not working but the employment relationship still exists.  

The longer the period of employment, the greater the entitlement to notice of termination. Employers have a number of entitlements during the statutory notice period. Please contact the lawyers at Rose Law Firm to determine whether you have received sufficient notice of termination and if the employer has upheld their obligations during the notice period.

Termination Pay
An employee who does not receive the written notice required under the ESA must be given termination pay in lieu of notice. Termination pay is a lump sum payment that represents weekly wages that an employee would have been entitled to during the written notice period. An employee earns vacation pay on his or her termination pay. Employers must also continue to make whatever contributions would be required to maintain the benefits the employee would have been entitled to had he or she continued to be employed through the notice period.

The notice of termination and termination pay requirements of the ESA do not apply to an employee who:

  • is guilty of wilful misconduct, disobedience or wilful neglect of duty that is not trivial and has not been condoned by the employer;
  • was hired for a specific length of time or until the completion of a specific task (i.e., fixed term employment contract).

Minimum Requirements
The rules under the ESA about termination and severance of employment are minimum requirements. Some employees may have rights under the common law or other legislation that give them greater rights than notice of termination (or termination pay) and severance pay under the ESA; because such rights generally cannot be enforced under the ESA, some employees may want to sue their former employer in court for “wrongful dismissal” or pursue other options. Please contact the experienced employment lawyers at Rose Law Firm for advice on pursuing a claim for termination, severance, or otherwise.