Affidavit Of Termination for Canada

Affidavit Of Termination Template for Canada

An Affidavit of Termination is a sworn legal document used in Canadian jurisdictions to formally document the circumstances and details of an employment termination. This document, which must comply with both federal and provincial requirements, serves as an official record of the termination process, including the reasons for termination, notice provided, and any relevant employment history. It requires proper execution before a commissioner of oaths or notary public and can be used in legal proceedings or administrative matters relating to the termination of employment.

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What is a Affidavit Of Termination?

The Affidavit of Termination is a crucial legal document used in Canadian employment law contexts to provide a sworn statement regarding the termination of an employment relationship. This document is particularly important when there is a need to create a formal record of the termination process, which may be required for legal proceedings, employment insurance claims, or corporate records. The affidavit typically includes detailed information about the employment relationship, the circumstances leading to termination, notice provided, and any severance arrangements. It must be sworn or affirmed before a commissioner of oaths or notary public, making it a formal legal document that carries significant weight in administrative and legal proceedings. The document must comply with both federal Canadian employment laws and relevant provincial legislation governing employment standards and affidavit requirements.

What sections should be included in a Affidavit Of Termination?

1. Title and Introduction: Identifies the document as an Affidavit of Termination and includes the jurisdiction

2. Affiant Information: Full legal name, position, and business address of the person making the affidavit

3. Employee Information: Details of the terminated employee including full name, position, and employment duration

4. Employment Background: Brief description of the employment relationship, including start date and position(s) held

5. Termination Details: Specific information about the termination including date, type (with/without cause), and reason

6. Notice and Payments: Details of notice provided, severance pay, and other payments made

7. Return of Property: Confirmation of company property returned by the employee

8. Attestation Clause: Standard clause stating that the affiant swears/affirms the truth of the statements

9. Signature Block: Space for affiant's signature and commissioner of oaths/notary public

What sections are optional to include in a Affidavit Of Termination?

1. Performance History: Include when termination is performance-related, documenting relevant performance issues

2. Disciplinary Record: Include when termination follows progressive discipline, listing relevant incidents

3. Accommodation Efforts: Include when termination involves disability or accommodation issues

4. Settlement Details: Include when a settlement agreement has been reached regarding the termination

5. Post-Employment Obligations: Include when referring to continuing obligations like confidentiality or non-competition

What schedules should be included in a Affidavit Of Termination?

1. Employment Agreement: Copy of the original employment agreement referenced in the affidavit

2. Termination Letter: Copy of the formal termination notice provided to employee

3. Performance Reviews: Copies of relevant performance evaluations if termination was performance-based

4. Disciplinary Notices: Copies of written warnings or disciplinary actions if relevant

5. Settlement Agreement: Copy of any settlement or release agreement if applicable

6. Property Return List: Itemized list of company property returned by the employee

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
Relevant Industries

Financial Services

Healthcare

Manufacturing

Technology

Retail

Professional Services

Education

Government

Construction

Transportation

Telecommunications

Mining

Energy

Agriculture

Hospitality

Relevant Teams

Human Resources

Legal

Executive Leadership

Operations

Employee Relations

Compliance

Administration

Corporate Governance

Relevant Roles

Human Resources Manager

HR Director

Chief Human Resources Officer

Employment Lawyer

Legal Counsel

Corporate Secretary

HR Business Partner

Employee Relations Manager

Human Resources Specialist

Department Manager

Division Director

Chief Executive Officer

Chief Operating Officer

Operations Manager

Regional Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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