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The Employment Standards Act, 2000 [1] (the Act) is an Act of the Legislative Assembly of Ontario. The Act regulates employment in the province of Ontario, including wages, maximum work hours, overtime, vacation, and leaves of absence. It differs from the Ontario Labour Relations Act, which regulates unionized labour in Ontario.
Divisions IX to XII, XIV set the procedures for termination of employees. Division IX deals with lay-offs of 50 or more people wherein a 16-week notice must be given to the Minister of Human Resources and Skills Development and the Canada Employment Insurance Commission and a 2-week notice to individual employees. Division X deals with the ...
Unless under federal jurisdiction, the laws which are in effect are those of the province or territory where the employment takes place (rather than the employee's home or the employer's head office). Canada's varied labour laws are a result of its geography, historical, and cultural variety.
There are two basic types of dismissals, or terminations: dismissal with cause [21] and termination without cause. An example of cause would be an employee's behavior which constitutes a fundamental breach of the terms of the employment contract. Where cause exists, the employer can dismiss the employee without providing any notice.
Termination of employment or separation of employment is an employee's departure from a job and the end of an employee's duration with an employer. Termination may be voluntary on the employee's part ( resignation ), or it may be at the hands of the employer, often in the form of dismissal (firing) or a layoff .
Canadian law also acknowledges constructive dismissal when an employer unilaterally changes the terms and conditions of employment to such an extent that the employee can consider the contract breached. This may include demotions, significant changes in job duties, or a hostile work environment.
Labour law in Canada falls within both federal and provincial jurisdiction, depending on the sector affected. Complaints relating to unjust dismissal (French: congédiement injuste) (where "the employee has been dismissed and considers the dismissal to be unjust," [30] which in certain cases also includes constructive dismissal) [31] can be made under the Canada Labour Code, [32] as well as ...
In law, wrongful dismissal, also called wrongful termination or wrongful discharge, is a situation in which an employee's contract of employment has been terminated by the employer, where the termination breaches one or more terms of the contract of employment, or a statute provision or rule in employment law.