Canadian Employment Law

719 Words2 Pages

Do You Understand the Canadian Employee Dismissal Process?
Understanding the laws where your business operates is integral. When you follow the rules, you’ll be able to ensure you avoid legal battles, as well as continue to grow and achieve your business goals.

This is particularly important when it comes to employment legislation. These laws govern how you deal with your employees, including hiring, contracting, and even dismissing people. The laws are designed to protect workers. Without them, companies could easily violate people’s rights. Even with these laws in place, human rights are sometimes violated by businesses, often unwittingly.

In places like Canada, where the Charter of Rights and Freedoms and the UN Declaration of Human Rights …show more content…

For example, employment law may legislate the kinds of questions an employer can and can’t ask during an interview. Generally speaking, discrimination during the hiring process is illegal in Canada. If a job candidate feels they weren’t considered for a job due to discrimination or bias, they can bring a suit against your company.

Employment law also governs how you treat your employees during the time they work for you. It may dictate things such as paid and unpaid breaks, shift lengths, duration between shifts, vacation time, overtime, and more.

Typically, employment legislation also extends to the process of dismissing an employee. This is the end of the employee lifecycle. If an employee is not dismissed, they may decide to quit or retire. These actions also represent the end of the employee lifecycle.
Reasons for Dismissal
The first thing you should know about dismissing an employee in Canada is that you must have a reason to do so. This comes back to concerns about discrimination and human rights. For example, it is illegal for an employer to dismiss a female employee because she decided to have a …show more content…

An employee who has worked for an employer for three years receives three weeks’ notice, and an employee who has worked for you for eight years would receive eight weeks’ notice of the dismissal.
When You Can’t Give Notice
Sometimes, you’re not in a position to give enough notice to an employee in accordance with the law. Perhaps head office gave you short notice about dismissals happening two weeks from now. Some people affected have worked for you for many years. In another scenario, an employee who has been problematic may not be someone you wish to have back in the office, so you dismiss them without proper notice.

In these cases, you have the option to pay the employee for the notice period. If you can only give an employee of eight years two weeks’ notice, you’ll need to compensate them for the remaining six weeks of notice they should have received. Again, the law varies among provinces, so be sure to check specific requirements where you operate.
A Probation

More about Canadian Employment Law

Open Document