Termination Of Employment In Ontario

Overview

The cost of terminating the employment of an employee in Ontario depends upon a mixture of contract provisions, common law and statute. The rules under the Employment Standards Act, 2000 about the termination of employment are minimum requirements which cannot be contracted out of. Some employees may have rights under the common law or other legislation that provide them greater rights than those regarding termination under the Employment Standards Act, 2000.

Common law obligations for reasonable notice of termination will always add an element of uncertainty to an employee's entitlements upon termination, as calculating payment in lieu of notice at common law requires an understanding of the impact of the termination on the affected employee. In particular, an employee's age, length of service, character of employment, and availability of suitable alternative employment may all affect their entitlements at common law. The only way employers can attempt