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Canada (Federal only) - Procedural requirements for individual dismissals

Procedural requirements for individual dismissals - Canada (Federal only) - 2012    

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Notification to the worker to be dismissed: written

  • Sec. 230(1)a) CLC.

Notice period:
  • Sec. 230 CLC: An employer who dismisses a worker who has worked continuously for at least three consecutive months is obliged to give the worker notice of termination in writing at least two weeks in advance, or to pay compensation in lieu of notice except when the employee is dismissed for just cause (summary dismissal) (sec. 230, CLC).
    • tenure ≥ 6 months
      • 2 week(s).
    • tenure ≥ 9 months
      • 2 week(s).
    • tenure ≥ 2 years
      • 2 week(s).
    • tenure ≥ 4 years
      • 2 week(s).
    • tenure ≥ 5 years
      • 2 week(s).
    • tenure ≥ 10 years
      • 2 week(s).
    • tenure ≥ 20 years
      • 2 week(s).

    Pay in lieu of notice: Yes

    • Sec. 230(1)b) CLC.

    Notification to the public administration: No

    Notification to workers' representatives: No

    • However, notification to the trade union is foreseen by sec. 230(2) CLC in one specific situation namely where an employee bound by a collective agreement and whose position becomes redundant is authorized to displace an employee with less seniority. In that case, the employer must give at least two weeks' notice in writing to the trade union and the employee whose position becomes redundant and post a copy of the notice in a conspicuous place within the industrial establishment in which the employee is employed. Alternately, the employer may, as a result of the redundancy of the position, terminate the employment provided that he or she gives two week's wages to the employee.

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No