Notice and Severance Pay
SEVERANCE AND OTHER PAY
Dismissals that require notice and severance pay
In wrongful dismissal cases, the employee is often entitled to severance pay greater than that set out in the Employment Standards Act. In this situation, the employee should consult with a lawyer experienced in employment law matters.
Unless it is specifically agreed that an employee will only be employed for a set term, the employer must give proper notice in order to lay off or end the employment relationship. The Courts try to take into account the financial blow the employee suffers by the loss of employment.
Notice or severance pay is not necessary if the employee’s misconduct or incompetence gives the employer “cause” to invoke summary dismissal. In that case, the employee’s employment can be brought to an immediate end.
Length of notice required
The length of notice required varies with each situation. Things that are considered in determining the appropriate length of notice are the following:
- the character of the employment
- the length of service
- the age of the employee
- the availability of comparable employment, having regard to the experience, training and qualifications of the employee
- the economic environment
- the manner in which the employee has been terminated
We can assist you in determining what the appropriate severance package is in your circumstances.