Termination of Employment – Factors to Consider

Christian Jannetta

ANNOUNCER: I’m with Christian Jannetta from Cohen Highley Lawyers. Any advice for when it comes to termination of employment?

CHRISTIAN: Whether you’re an employer looking to restructure or an employee who’s just been let go, always get legal advice before acting.

ANNOUNCER: So, termination is not that simple.

CHRISTIAN: No. For a start, the parties must be aware of the requirements set up by the applicable employment standards legislation. That’s the Employment Standards Act for provincially regulated employees and the Canada Labor Code for Federal both have different requirements.

ANNOUNCER: Now is that it?

CHRISTIAN: No. Common law also applies and considers a number of factors which govern employer’s obligations on employee termination. This includes the employee’s age, length of service and the nature of the position, among others.

ANNOUNCER: Now, are employers required to give a reason for the termination?

CHRISTIAN: That depends on the nature of the termination and the applicable legislation. Again, it’s best to have legal advice before acting.

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