Employer Notice Of Termination for Canada

Employer Notice Of Termination Template for Canada

A formal written notice document used by employers in Canada to communicate the termination of employment to an employee. This document complies with federal and provincial employment standards legislation, including the Canada Labour Code for federally regulated industries and provincial Employment Standards Acts. It outlines essential information such as the termination date, notice period, final pay details, benefit information, and requirements for returning company property. The document serves both as a legal requirement and a formal record of employment termination, ensuring compliance with Canadian employment law requirements while maintaining professional communication standards.

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What is a Employer Notice Of Termination?

The Employer Notice Of Termination is a crucial document in Canadian employment law, required when an employer initiates the termination of an employment relationship. This document must comply with minimum notice requirements under federal or provincial legislation, depending on whether the employer falls under federal or provincial jurisdiction. It serves as official documentation of the employment termination, typically including the termination date, notice period or payment in lieu of notice, final pay calculations, benefit continuation details, and instructions regarding company property. The notice must align with both statutory minimums and common law principles of reasonable notice, which often exceed statutory requirements. This document is particularly important as it can help protect employers from wrongful dismissal claims while ensuring employees receive their legal entitlements.

What sections should be included in a Employer Notice Of Termination?

1. Employee and Employer Information: Full legal names and addresses of both parties, employee ID if applicable

2. Date: Current date and date of termination

3. Notice of Termination Statement: Clear statement indicating employment termination

4. Notice Period Details: Length of notice period and whether it will be working notice or payment in lieu

5. Final Pay Information: Details of final salary, vacation pay, and any other outstanding payments

6. Company Property Return: List of company property to be returned and deadline

7. Benefits Information: Information about continuation or termination of benefits

8. Signature Block: Space for employer signature and title

What sections are optional to include in a Employer Notice Of Termination?

1. Reason for Termination: Include only if termination is for cause or if specifically required by local laws

2. Garden Leave Provisions: Include if employee is being placed on garden leave during notice period

3. Continuation of Duties: Include if employee is expected to continue specific responsibilities during notice period

4. Reference Provision: Include if employer is willing to provide employment references

5. Outplacement Services: Include if company is offering career transition support

6. Reminder of Ongoing Obligations: Include if referencing confidentiality, non-compete, or other ongoing obligations

7. Severance Package Details: Include if offering severance beyond statutory requirements

What schedules should be included in a Employer Notice Of Termination?

1. Schedule A - Final Payment Calculation: Detailed breakdown of final payment including salary, vacation pay, and other entitlements

2. Schedule B - Benefits Summary: Detailed information about post-termination benefits and conversion options

3. Schedule C - Company Property Checklist: Itemized list of company property to be returned

4. Appendix 1 - Relevant Employment Terms: Copy of relevant terms from employment agreement that survive termination

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

Cost

Free to use
Relevant Industries

Technology

Financial Services

Manufacturing

Retail

Healthcare

Professional Services

Education

Construction

Transportation

Hospitality

Mining

Agriculture

Telecommunications

Energy

Public Sector

Relevant Teams

Human Resources

Legal

Executive Leadership

People Operations

Compliance

Employee Relations

Relevant Roles

Human Resources Manager

HR Director

Chief Human Resources Officer

HR Business Partner

Employment Lawyer

Legal Counsel

General Counsel

Chief Executive Officer

Chief Operating Officer

Department Manager

Regional Manager

Operations Director

People Operations Manager

HR Coordinator

Talent Management Director

HR Compliance Manager

Industries
Canada Labour Code: Federal legislation governing employment standards for federally regulated industries (like banking, telecommunications, and inter-provincial transport). Sets out minimum notice periods, severance pay requirements, and other termination obligations.
Provincial Employment Standards Acts: Provincial legislation that sets minimum standards for employment termination, including notice periods, severance pay, and final pay requirements. Each province has its own specific requirements.
Canadian Human Rights Act: Federal legislation prohibiting discrimination in employment based on protected grounds. Ensures termination decisions and processes don't discriminate based on protected characteristics.
Provincial Human Rights Codes: Provincial legislation similar to the Canadian Human Rights Act, providing protection against discrimination in employment at the provincial level.
Common Law Principles of Reasonable Notice: Case law establishing the principle of reasonable notice, which often requires longer notice periods than statutory minimums, based on factors like age, length of service, position, and availability of similar employment.
Employment Insurance Act: Federal legislation governing unemployment benefits. Employers must provide Record of Employment (ROE) and other documentation required for terminated employees to access benefits.
Personal Information Protection and Electronic Documents Act (PIPEDA): Federal privacy legislation that governs how private sector organizations collect, use, and disclose personal information, including employee information during termination.
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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