Termination Notice Manitoba
When terminating an employee, certain procedures must be followed. One of the key procedures throughout this process is Termination Notice.
Termination Notice refers to the amount of notice you must give a terminated employee ahead of their formal termination. The terminated employee will continue in their role where they will perform the same duties, work the same hours, and receive the same pay they have received up to this point until their notice period is up. The Notice of Termination should include a final work date and be presented in a formal written letter.
And in Manitoba, you are required to provide Termination Notice in accordance with the amount of time that the employee has worked for you. These rules are dictated by Employment Standards and can be found within the Employment Standards Code (ESC). Failure to do so could result in a Wrongful Dismissal claim and/or fines for noncompliance.
How much notice am I required to give?
The amount of notice you are required to provide depends on the time the employee has worked for you.
The following is the minimum amount of notice you must provide in accordance with an employee’s “period of employment”:
|Period of Employment
|At least 30 days but less than one year
|At least one year and less than three years
|At least three years and less than five years
At least five years and less than ten years
|At least ten years
The employees period of employment refers to when they began working in their role to the termination date. The period of employment includes “temporary interruptions of employment” such as layoffs and unpaid leaves. If an employee has been employed for less than 30 days, you are not required to provide Termination Notice.
You can opt to provide Termination Pay in liu of Termination Notice. Termination Pay is a lump sum payment and must equal the employee’s wages for a typical workweek. With Termination Pay, the employee must earn the same amount that they would have worked if they continued in their role through the notice period. The Employment Standards Code recognizes Termination Pay as a reasonable substitute for Termination Notice.
Termination With Cause Vs Termination Without Cause
Termination with cause occurs when an employer feels that they have substantial evidence of serious incompetence or misconduct. Termination without cause is more common. In this case an employer does not provide a reason for dismissing an employee, which they are not required to do.
An employee that has been terminated with cause is not entitled to Termination Notice or Severance Pay. While an employee terminated without cause who has worked for the employer for at least 30 days is entitled to these benefits.
Still have questions about Termination Notice?
Need help drafting a Termination Notice? Or simply need help ensuring that your notice is in compliance with Employment Standards? No need to worry, Employer Line is here to help. An Employer Line expert will be happy to help you through the process. Call today at 1 (204) 201-1648.