Basic Rules:

  • Employees and employers must give each other notice of their intention to end the employment
  • An employer may end the employment of an employee by giving them:     
    • termination notice,
    • termination pay, or
    • a combination of termination notice and termination pay


When an Employee quits, notice period rules are applicable as mentioned in the agreement.


Employers who end their employee’s employment must give the employee, and ensure they receive, written termination notice.

An employer must give written notice to their employee of at least: (Length of employment v/s Notice Period) as follows:


3 mths-2 years of employment = 1 week;
2-4 years of employment = 2 weeks;
4-6 years of employment = 4 weeks;
6-8 years of employment = 5 weeks;
8-10 years of employment = 6 weeks;
10+ years of employment = 8 weeks;
Employees cannot be dismissed if they are on maternity leave or entitled to start parental leave.


Note:

Termination pay must equal at least the wages the employee would have earned if the employee had worked regular hours for the termination period.

When the employee’s wages vary from one pay period to another, the weekly average of the employee’s regular wages for the 13 weeks in which the employee worked preceding the date of termination, not simply the 13 calendar weeks immediately preceding the date of termination is used to determine the employee’s termination pay.