LAW 529 Chapter 14: law 529- Chapter 14
17 May 2016
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Document Summary
Chapter 14: termination and severance pay under the esa. Esa sets out minimum obligations on termination: individual notice of termination (or pay in lieu) (s. 57), mass notice of termination (or pay in lieu) (s. 58 of esa and s. 3 of esa termination), (statutory) severance pay. Ee cannot file a claim with the mol against er for failure to provide termination or severance pay under the esa and sue for wrongful dismissal damages under common law. Ee must withdraw the statutory claim within 2 weeks of filing the claim. If not, an action for wrongful dismissal is barred. S. 56 of esa, er not required to provide notice of temp layoff but if it lasts for long time then its considered that er terminated the ee on first day of layoff and give statutory termination pay. During temp layoff, er can continue benefit package/maintain insurance plan to show its not terminated.
