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The Do's and Don'ts of Employee Terminations [Shared]

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Ali Alatas

on 19 October 2016

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Transcript of The Do's and Don'ts of Employee Terminations [Shared]

The Do’s and Don’ts of Employee Terminations
Training Thursdays
Thursday October 20, 2016
9:00AM to 9:30AM
The Do’s and Don’ts of Employee Terminations
Webinar Overview
Types of Employees Terminations
Determining Notice of Termination
Preparing for the Termination
The Termination
Other Considerations
Practical and precise employment law solution
Don’t assume your only legal obligation is Employment Standards
Written Employment Contract
Common Law
Do determine whether the Written Employment Contract is enforceable
Did the Employee have a reasonable time to review the contract?
Is the contract signed?
Does the contract have a termination clause?
Is the termination clause enforceable?
Thursday November 17th – 9:00AM to 9:30AM

Managing Problem Employees:
What you Need to Know and Do
Next Webinar
Practical and precise employment law solution
Thank You for Attending!
Just Cause
Other Considerations
Providing notice of termination
The Termination
Types of Employee Terminations
With Cause
Also referred to as ‘just cause’
Employee action or omission that has irreparably damaged the employment relationship
No termination compensation due
Without Cause
Unilateral decision of Employer to end the employment relationship
Can be a permanent or temporary ‘lay-off’
Summary Dismissal
Dishonesty/breach of trust
Conflict of interest
Breach of contract or workplace code of conduct that goes to the ‘root’ of the employment relationship
Progressive Discipline
Revelation of character
Conduct outside of work
Lateness and absenteeism
Employment Standards Act
Has 2 components:
Statutory notice including salary and benefits: 1-week per completed year of service (maximum of 8-weeks)
Statutory severance of earnings only: 1-week for each completed year of service and prorated for partial years (maximum of 26-weeks)
Progressive Discipline
Addresses a terminated employee’s period of unemployment
Factors used to determine common law notice:
Employee age at termination
Years of service
Character of employment
Other relevant considerations
Preparing for the Termination
Termination Letter
Release and Indemnity
Company property and employee access
Succession planning
The termination meeting:
When to hold the meeting?
What to say and do?
Who should be present?
How to dismiss the employee
Post termination:
Impact on remaining employees
On-going obligations of terminated employee
Employee Earnings
Mitigation and Retirement
Reference Letters
Canada Labour Code’s
‘Unjust Dismissal’ provision
Full transcript