Module 2 - Termination Types & Entitlements

Question 1

What are the 2 types of termination?

Answer 1

1. Without Cause

2. With Cause

Question 2

Can Federally-Regulated employees be dismissed without cause?

Answer 2

NO. As per Wilson v. Atomic Energy Canada Ltd.

Module 1, slide 14, 15, 16
Module 2, slide 2

Question 3

Can unionized employees be dismissed without just cause?

Answer 3

No. They can only be dismissed for just cause except during first contract arbitration

Module 1, slide 14, 15, 16
Module 2, slide 2

Question 4

When can bargaining unit workers be protected from just cause dismissal?

Answer 4

During the date of the bargaining period’s first certification until the first contract is signed; or, when the union stops representing the union worker. As per Just Cause Protection (Bill 148)

Module 1, slide 14, 15, 16
Module 2, slide 2

Question 5

What statutes are termination law drawn from?

Answer 5

Employment Standards Act (ESA)

Common Law

Question 6

What is the maximum length of notice of termination based on the ESA?

Answer 6

8 weeks

Question 7

What are 3 notice requirements the employer is responsible for?

Answer 7

1. Give notice in writing
2. Continue paying employee benefits during the notice period
3. Pay employee termination pay or pay in lieu for the duration of the notice period

Question 8

What is the notice period?

Answer 8

The time from the employee’s termination notice until the period for working notice or payment in lieu of notice ends

Question 9

What are the 3 sources of notice?

Answer 9

1. ESA
2. Common Law
3. Employment Contract (if it exists)

Question 10

Working Notice Period

Answer 10

When an employee continues to work for the duration of their termination notice period.