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What are the Employment Standards Code?

Generally speaking, it is a law for minimum wage, overtime, holidays, job-protected leaves, vacations, hours of work, earnings, termination and so on.

What is minimum statutory termination notice pursuant to the Code?

The Code imposes the minimum Statutory Termination Notice as follows:

  • 90 days to 2 years of employment: one week of notice
  • 2-4 years of employment: 2 weeks of notice
  • 4-6 years of employment: 4 weeks of notice
  • 6-8 years of employment: 5 weeks of notice
  • 8-10 years of employment: 6 weeks of notice

Instead of termination notice, the employer can offer severance package that includes termination pay. Such pay must be equal payment as if the employee had worked during the statutory termination notice period minus source deduction.

Termination Without Notice

Termination notice is not required when the employee was terminated for just cause, or employed for 90 days or less or, employed for the specific period of time including temporary work periods.

Common Law Termination Notice

Bardal v. Globe & Mail Ltd Case Law (It is called “Bardal Factors”)

There are four factors that the Court considers when determining the common law principle of termination notice.

They are:   

1) The character of the employee’s employment

2) the employee’s length of service

3) the employee’s age and

4) the availability of similar employment, having regard to the employee’s experience, training, and qualifications. The reasonable notice period is dependent on the circumstances of each case in light of four factors. 

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