Notice for Termination/Pay in Lieu of Notice

Notice for termination

Termination notice is not required if the following occurs:

  • An employee has been employed for 90 days or less

  • An employee is employed for a definite term or task for a period not exceeding 12 months on completion of which the employment terminated

  • An employee refuses an offer of reasonable alternative work

  • An employee refuses work made available through a seniority system

  • The contract of employment is or has become impossible for the employer to perform by reason of unforeseeable or unpreventable causes beyond the control of the employer

  • The employee works on a seasonal basis

  • The employer finds just cause

To terminate employment an employer must give an employee written termination notice of at least:

  • 1 week, for an employee who has been employed between 90 days and 2 years

  • 2 weeks, for employees who have been employed for more than 2 years and less than 4 years

  • 4 weeks for employees who have been employed for 4-6 years

  • 5 weeks for employees who have been employed for 6-8 years

  • 6 weeks for employees who have been employed for 8-10 years

  • 8 weeks for employees who have been employed 10 or more years

To terminate employment, an employee must give the employer a written termination of at least:

  • 1 week, if employed for 90 days but less than 2 years. or

  • 2 weeks, if they have been employed for 2 or more years

Earnings are not to change after termination notice is given

Termination pay

  • Instead of the termination notice, an employer may pay termination pay in the amount of at least to the wages the employee would have earned if they had worked the termination notice period:

    • 1 week, for an employee who has been employed between 90 days and 2 years

    • 2 weeks, for an employee employed for more than 2 years and less than 4 years

    • 4 weeks, for an employee employed for 4-6 years

    • 5 weeks, for an employee employed for 6-8 years

    • 6 weeks, for an employee employed for 8-10 years

    • 8 weeks, for an employee employed 10 or more years

  • May give a combination of termination pay and notice, which would be the hours that the notice does not cover

  • If the wages vary, then an averaging the previous 13 weeks

AB ESA s.57, 58