Termination of Employment (Lesson 4.3) Flashcards
Under CCQ 2091, what must happen for either party to terminate an indeterminate contract?
They must give reasonable notice, considering the nature of the job, circumstances, and how long the employee worked there.
Can an employer fire someone with an indeterminate contract at any time?
Yes, as long as reasonable notice is provided and it’s not discriminatory.
When does a fixed-term employment contract end?
Automatically on the agreed end date, no notice required unless specified in the contract.
What option does the employer have instead of providing working notice?
The employer can offer severance pay equal to the length of the notice period.
Who decides whether severance or working notice is given?
Only the employer – not the employee.
What is a serious reason under CCQ 2094?
A legal justification for immediate termination with no notice, such as theft, violence, habitual lateness, or insubordination.
Does one late arrival justify termination for serious reason?
No – only habitual lateness, documented through** written warnings**, may qualify.
Who has the burden of proof for termination for serious reason?
The employer must prove the reason was serious and warnings were given.
What is a probationary period?
A contractual clause (not in the CCQ) allowing either party to **terminate employment with short notice **(e.g. 1–2 weeks) during an initial trial period.
What is the purpose of a probation period?
To allow both the employer and employee to assess fit and performance without long-term commitment.
What does CCQ 2092 say about unjust termination?
Employees cannot waive their right to sue for damages if notice was insufficient or if the termination was abusive.
Can a contract override CCQ 2091 or 2092 by pre-setting notice to two weeks?
No, such clauses are unenforceable because reasonable notice is a public order right.
What happens to the employment contract if the employee dies?
It automatically ends, since it is a personal service contract
What happens to employment contracts when a business is sold as a going concern?
Employees go with the business; the buyer cannot refuse them.
How can the new owner handle redundant employees?
They must provide reasonable notice of termination under CCQ 2091.
