Notice of Termination

Except for just cause, no employer shall lay off or terminate the employment of an employee who has been in the employer’s service for more than 13 consecutive weeks without giving that employee written notice of:

• 13 weeks - 1 year : one week

• 1 - 3 years : 2 weeks

• 3-5 years : 4 weeks

• 5-10 years : 6 weeks

• More than 10 years : 8 weeks

After providing notice, an employer cannot require an employee to take a vacation as part of the notice period

Note: If employment is terminated for just cause, then there is no notice or pay required.

Payment instead of notice

If an employer lays off or fires an employee, they must pay the employee either the amount they would have earned during the notice period or an amount equal to their normal wages during that period, whichever is greater.

• If the employer has a collective agreement with the employee, the entitlements in that agreement will apply instead.

• If the employee's wages vary from week to week, their normal wages for one week are deemed to be the average of their wages for the 13 weeks prior to being laid off or terminated.

• If the employee is at a remote site, the employer must provide transportation at no cost to the nearest point where regularly scheduled transportation services are available.

Employee Notice

If an employee has worked for an employer for 13 weeks or more, the employee must give written notice to the employer at least two weeks before ending their employment.

• there are some exceptions where the employee does not need to give notice, such as:

  • if there is an established industry practice or

  • if the employee's personal health or safety would be at risk if they continued to work for the employer,

  • if the employee is temporarily laid off,

  • refused reasonable alternative work, or

  • the contract becomes impossible to perform due to unforeseeable circumstances beyond the employee's control.

• If the employee terminates their employment due to a reduction in pay or benefits, they or also do not need to give notice.

SK SEA s.2-60 - 2-63