Employee Dismissals and Wrongful Dismissal
If 50 or more provincially regulated employees were terminated at a single location, additional requirements apply under the ESA, which include the following:
i) the employer must give written notice to the Minister, to each employee being terminated, and to the union
ii) this notice must specify the number of employees being terminated, the date(s) of termination, and the reason for termination.
According to s. 64 of the ESA, unless any exceptions apply, the amount of notice required for group terminations varies with the number of employees being terminated:
Number of Employees Terminated Notice Period Required
Between 50-100 8 weeks
Between 101 – 300 12 weeks
301 or more 16 weeks
Group termination notice and termination pay requirements are in addition to the individual written notice and compensation requirements set out in s.63 of the ESA for non-unionized employees or in the collective agreement for unionized employees. For example, a non-unionized employee who would be entitled to three weeks’ individual notice or compensation for length of service, and eight weeks’ group termination notice, is entitled to a total of 11 weeks’ notice or pay in lieu of notice, or a combination of the two.
Section 65 of the ESA sets out exceptions to minimum notice requirements. If one of these exceptions applies, the employer will not be required to provide the minimum notice, or compensation in lieu of notice.
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