The goal for employers: consider getting your employees to sign employment contracts when they start working. An employment professional can write an employment contract for your business in less than a few hours, so the costs are negligible, especially considering the savings that could be saved on common law severance pay. The right to temporarily dismiss an employee must be negotiated as part of the employment contract. However, the redundancy mechanisms are governed by the ESA. However, the main advantage of a written employment contract is to define the explicit expectations of both the employee and the employer in order to avoid uncertainty. In most cases, a written dismissal must be addressed to the worker. It can be done in person or by mail, fax or email, as long as the delivery can be verified. There are special rules for dismissal where a worker has an employment contract or collective agreement that provides seniority rights for a worker who must be laid off or whose employment must be terminated to supplant other workers (“bump”), and when there is a mass termination (50 or more employees). The length of the notice period depends on many factors. This may include the question of whether there is a redundancy clause in an employment contract.
It may also be the age of the worker or the nature of the services provided. In addition, this may include the length of service and whether the employee has held an executive position. A worker may also be entitled to severance pay under the Employment Standards Act. This would be in addition to the redundancy pay. The concept of “all-you-can-eat” employment does not exist in Ontario. Therefore, any “all-you-can-eat” employment clause is annular in an employment contract and, without the grounds for dismissal (which is generally a very high threshold), an employer is required to give a worker reasonable notice of termination or payment instead of notice. The amount of dismissal to which a worker is entitled depends on his “period of employment.” The length of a worker`s employment covers not only the length of time the worker is actively working, but also any period that he or she does not work, but the employment relationship still exists, subject to a few exceptions.