requirement because there are consequences for noncompliance.
Employers will be required to provide pay in lieu
of notice if they fail to comply with the notice requirements.
Further, employment legislation requires that no employees
be terminated before the notice period required by the group
termination provisions has expired.
Employers should also note that these legislative notice
requirements reflect statutory minimums, and depending on
the individual’s circumstances, an employee may be entitled
to an increased notice period pursuant to an employment
agreement, collective agreement or at common law.
As mentioned earlier, the rationale behind the notice
requirements for group termination is to enable the government
to minimize the negative impact on employees. The
notice requirement allows the government to facilitate workforce
supports such as employment insurance, resumé and
job search services and retraining programs.
The lower threshold for group terminations (25 or more
employees) in Yukon, Northwest Territories and Nunavut is
to be expected due to the heightened impact such a termination
would have on a smaller economy. Ideally, with adequate
notice, steps can be taken to minimize the effects of a termination
on a small economy.
Exceptions may apply
In most jurisdictions, employees who have worked for less
than three months, seasonal employees, employees employed
for a definite period of time or employees who have refused
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Ideally, with adequate notice, steps can be taken to
minimize the effects of a termination on a small economy
CONTINUED ON PAGE 65
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