6. Rules for Ending Employment

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RULES FOR ENDING EMPLOYMENT

 

ELIGIBILITY

EMPLOYEES WHO HAVE WORKED FOR ONE EMPLOYER FOR NINETY DAYS OR MORE ARE ENTITLED TO TWO WEEKS NOTICE OF TERMINATION FROM EMPLOYMENT OR, IF THE EMPLOYER DOES NOT WISH TO PROVIDE NOTICE, THE EMPLOYER CAN GIVE TWO WEEKS TERMINATION PAY IN LIEU OF NOTICE. THE NINETY DAY PERIOD MAY BE MADE UP OF SEVERAL SHORTER PERIODS THAT ADD UP TO TOTAL OF NINETY DAYS PROVIDED THAT THE TIME BETWEEN WORK PERIODS IS BRIEF. IN ADDITION THERE IS A REQUIREMENT FOR THE EMPLOYEE TO HAVE WORKED ON AVERAGE (25) HOURS PER WEEK. CONTACT THE LABOUR STANDARDS COMPLIANCE OFFICE FOR OTHER CONDITONS BY REGULATION.

EMPLOYEES WHO HAVE BEEN EMPLOYED BY THE SAME EMPLOYER FOR THREE OR MORE YEARS MUST RECEIVE AN ADDITIONAL WEEK OF NOTICE OR A WEEK OF PAY FOR EVERY ADDITIONAL YEAR OF EMPLOYMENT UP TO A MAXIMUM OF EIGHT (8) WEEKS.

 

GROUP TERMINATION

WHEN AN EMPLOYER HAS MADE A DECISION TO TERMINATE EMPLOYMENT OF TWENTY-FIVE EMPLOYEES OR MORE ALL AT ONE TIME, OR WITHIN A FOUR WEEK PERIOD, THE EMPLOYER MUST GIVE ADVANCE NOTICE TO THE LABOUR STANDARDS OFFICER. THE AMOUNT OF NOTICE VARIES, DEPENDING ON THE NUMBER OF EMPLOYEES AFFECTED BY THE EMPLOYER’S DECISION.

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RULES FOR ENDING EMPLOYMENT

 

TERMINATION FOR JUST CAUSE

AN EMPLOYER WHO TERMINATES AN EMPLOYEE FOR “JUST CAUSE” MUST PROVIDE REASONS TO JUSTIFY SUCH ACTION TO THE LABOUR STANDARDS OFFICER IF THE EMPLOYEE FILES A LABOUR STANDARDS COMPLAINT STATING DISAGREEMENT WITH THE EMPLOYER’S ACTION.

 

EXEMPTIONS TO RULES FOR ENDING EMPLOYMENT

  • EMPLOYEES WORKING IN THE CONSTRUCTION INDUSTRY;

  • EMPLOYEES WHO WORK LESS THAN (180) DAYS IN A YEAR SEASONALLY OR INTERMITTENTLY, IN A BUSINESS, WORK, TRADE, PROFESSION;

  • EMPLOYEES WHO WORK FOR A DEFINITE TERM OR TASK FOR A PERIOD NOT EXCEEDING (365) DAYS WHERE AT THE END OF THE TERM THE EMPLOYMENT IS TERMINATED;

  • EMPLOYEES WHO WORK IN AN ACTIVITY, BUSINESS, WORK, TRADE, OR PROFESSION FOR LESS THAN (25) HOURS IN A WEEK.

 

FOR FURTHER INFORMATION CONTACT: 

LABOUR STANDARDS COMPLIANCE OFFICE 

BOX 1000, STN 590

IQALUIT, NUNAVUT X0A 0H0

 

TEL: 1-867-975-6322 TOLL FREE: 1- 877-806-8402

FAX: 1-867-975-6367

 

THIS IS A GUIDE ONLY

FOR INTERPRETATION AND APPLICATIONPURPOSES, REFER TO THE NUNAVUT LABOUR STANDARDS ACT, ITSREGULATIONS AND AMMENDMENTS.