| Function: |
Human Resources |
| Policy: |
6-800 Termination |
| CMHO Standard(s): |
M.G.1.6 |
| Approved: |
April 2010 |
6-800 TERMINATION
Approved April 2010
POLICY
The employment of any staff may be terminated by his/her appropriate Service Director because of a shortage of funds, abolition of a position, permanent reduction in the work force, material change in duties or organization of the Agency or the expiration of an employment contract. Staff may also be discharged for any reason which constitutes just cause, provided such reason is not prohibited by law. In addition, there may be other circumstances not contemplated here which may give rise to the termination of employment.
PROCEDURE
Staff who are terminated for just cause, including misconduct, incompetence, neglect of duty or any other reason which constitutes just cause at law, will not be given any notice of termination.
Staff who are terminated other than for just cause will be given written notice or pay in lieu of notice in accordance with the provisions of the Employment Standards Act, 2000. The notice periods presently in effect under the Employment Standards Act, 2000 are as follows:
LENGTH OF EMPLOYMENT PERIOD OF NOTICE DUE
Less than 3 months No notice
3 months to less than 1 year 1 week
1 year to less than 3 years 2 weeks
3 years to less than 4 years 3 weeks
4 years to less than 5 years 4 weeks
5 years to less than 6 years 5 weeks
6 years to less than 7 years 6 weeks
7 years to less than 8 years 7 weeks
8 years or over 8 weeks
When terminating a staff, the staff's Supervisor will complete a termination summary (Appendix 37 Staff Resignation/Termination Checklist), which outlines the circumstances surrounding the termination. The summary will be placed in the Human Resources file of the terminated staff.
The Supervisor will ensure that the terminated staff receives a termination letter detailing such items as:
- last day worked,
- reason for termination,
- length and amount of lieu of notice,
- length and amount of retiring allowance,
- expiry date of benefit coverage.
A copy of the termination letter will be placed in the terminated staff's Human Resources file.
The Supervisor will inform the IT Administrator so that any computer related passwords can be cancelled and network and email access be discontinued.
HRManual
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