Ridout Barron


Notification of job termination isn't always needed

Rights and responsibilities are often linked, and this holds true in employment law in Canada. For example, an employer has the right to fire an employee if such a move needs to be made, just like an employee has the right to quit if he or she wants to cancel the employment. While both have the right to do this, there are different obligations and responsibilities that go along with it, as laid out in the Employment Standards Code.

For example, in most cases, advanced notice needs to be given. However, if the employer has just cause to fire that employee, no notification has to be offered. The employee can simply be fired. For instance, the employer may find out that the employee has been embezzling funds or going home when he or she is supposed to be at work. These breaches of the contract could lead to immediate termination.

Additionally, an employee who does not feel safe at work or who thinks health hazards exist in the workplace does not have to notify the employer before quitting. Most of the time, employees will provide a two-weeks' notice, but employees are not obligated to do this if continuing to work for two weeks would put them at risk. This could be done, for example, if the employer is breaking fire codes or other safety guidelines and the employee knows that an accident is coming.

Both employees and employers need to know the legal guidelines set down by the Employment Standards Code, especially when it comes to the termination of a position and the requirements of that termination, including potential severance packages or termination pay.

Source: Government of Alberta, "Termination of Employment and Termination Pay," accessed May. 22, 2015

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