Employees Terminated Without Notice

What is the Employment Standards Act?

The Employment Standards Act is the law that contains basic rules about employing people and working. Both employees and employers have rights and
responsibilities under the Act.

Does the Act cover all employees in Ontario?

Most employees are covered by the provincial legislation. However, employees working in industries that fall under Federal jurisdiction, such as, Post office, Banks, Railways, Radio stations, Airlines, Television stations etc. are not covered.

The Act sets out the employer’s obligations where the employer does not give the required notice to employees who have been employed for at least three months. In other words, if the employment is terminated contrary to this requirement, the employer is required to give:

-  Pay in lieu of notice
-  The amount of pay is the employee’s regular non overtime wages for the period of notice that should have been given, and any wages to which the employee is entitled.

Where the employer only gives partial notice and continues the employee’s regular wages
during that partial notice:

-  The employer can reduce by the amount it has paid from the amount that is
-  Required to be paid under the Act.

Where the employee is terminated without the required notice, and then during that period obtains employment:

-  The Act does not permit the employer to reduce the pay in lieu by any earnings which the employee is able to earn.

The Act is very clear that pay in lieu of notice is not compensation for damages, but a fixed payment the employer must make for not complying with its requirement.

In addition to the regular wages required to be paid for the number of weeks in lieu of notice, the employer is also require to add vacation pay the employee would have been entitled to during notice period.

Where the employee is terminated without the required notice of termination while on sick or other leave, the employer is required to pay his/her pay in lieu of notice unless the contract of employment is frustrated or impossible of performance and the employee is not otherwise exempted.

Where the employee has fluctuating income or is off on leave, or has received a pay cut or raise immediately prior to the termination, the same considerations apply as for employees who are given notice of termination when calculating the amount of the employee’s regular non-overtime rate.

The employer is required to continue the employee’s benefit plans during the period of notice that the employee should have been given. The employee is assumed to have been employed during the notice period he should have been given. If the insurer does not recognize this requirement, the employee’s remedy is to proceed with a civil action.          

This information is provided for guidance only and should not be considered as a legal advice.

If you have further questions regarding your entitlements under the Act, please send your questions by e-mail at esaconsulting@hotmail.com or by fax at (905) 331-1805.

Comments

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- The amount of pay is the employee’s regular non overtime wages for the period of notice that should have been given, and any wages to which the employee is entitled." is very good

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[jags]

If the person got
Termination of employement letter from agency.

with 2 weeks paid condition.
and with out service of duties.
with providing record of Emploement(R.O.E)
will he get the EI or not.