Legal Right To Terminate Employment In Canada

When it comes to the Right To Terminate Employment in Canada, it is important for employers, employees, and outplacement service providers to understand and adhere to the rules guiding the Canadian employment standards and human rights legislation.

There is jurisdiction in the provinces and territories over the majority of employment matters including employee termination while certain workers are protected by federal laws.

Termination of employment is one of the most important aspect covered by Canadian legislation. Laws cover minimum standards for such things as termination notice and severance pay which depends mainly on the jurisdiction.

Although an employer can terminate an employee at any time for any reason, a signification difference between Canada and the United States is that there is no employment “at will.” Canadian legislation addresses Termination With Cause when an employee is dismissed for a serious reason relating to misconduct, and Termination Without Cause for reasons that are not related to the employee’s conduct. In terminating an employee, employers typically obtain legal advice on the best way to proceed.

Upon termination, employers are required to cooperate with the minimum standards outlined in the employment legislation. When terminating an employee without cause, a reasonable notification period should be provided and/or severance pay. The HR Council offers an interesting toolkit to help employers ensure that any terminations are legally performed in Canada.

Individuals who are terminated in Canada have the right to be treated fairly and with dignity. Employees should receive a written contract when they are hired, outlining the terms of employment and any obligations arising in connection with the termination of the relationship. Those terminated employees w have a specific concern should consult the appropriate legislative body or obtain legal counsel.

In line with the Canadian legislation, the law does not mandate employees to provide outplacement assistance when terminating an employee. However, many employers choose to support terminated employees with outplacement services because it’s often the “right thing to do.”