Because there are so many moving parts to be managed – administrative, emotional and financial – dismissing an employee can be one of the most challenging tasks an employer faces.
Employers who consider the issue of severance in advance ease the transition by creating certainty and reducing conflict. The tricky part, of course, is figuring out how much notice to give or severance to pay your employees and making sure their employment contracts are properly drafted.
BC Employment Standards laws set out the minimum notice or monetary compensation you must provide when dismissing an employee (unless the employee is fired for “just cause”). However, many employees are entitled to much higher amounts of notice / severance under the Canadian common law doctrine of wrongful dismissal. Even where an employee receives his maximum compensation under the Employment Standards Act (ESA), she may claim additional notice or severance through the courts.
Unfortunately for business owners, there is no one formula the courts follow to calculate common law severance – two different judges faced with the same set of facts might award different amounts. Because of this, many employers and employees often settle without going to court.
Of course, the better option is to include a clear, unambiguous severance clause in all your employee contracts. When properly worded, such clauses comply with the ESA, limit your financial exposure and reduce the likelihood of a legal challenge by the employee. Learn more about how we can help with your employment contracts here.
If you’ve decided to dismiss an employee but have questions about their rights or your responsibilities, we can help – whether there’s a written contract in place, or not. And for employers wanting to adopt sustainable employment workplace practices, we can support you in being fair and respectful, even in the last moments of the employment relationship.
And for answers to some “Frequently Asked Questions” about termination and severance, click here.
NOT LEGAL ADVICE. Information made available on the Kent Employment Law website in any form is for information purposes only. It is not, and should not be taken as, legal advice. You should not rely on, or take or fail to take any action, based upon this information. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. One of our lawyers would be pleased to discuss any specific legal concerns you may have.