Does your non-profit know which of its documents and records are “official records”?
Official records are the documents non-profits must keep under the Societies Act. The complete list of official records is in section 22 of the Societies Act.
Official records are the documents non-profits must keep under the Societies Act. The complete list of official records is in section 22 of the Societies Act.
Constructive dismissal means changing the work situation in such a fundamental way that, in law, is the same as terminating the worker.
For example, a demotion (lowering of position) is a fundamental change. If the worker does not accept the change, they have the same rights as someone who was terminated without cause.
It is very difficult to show just cause for terminations. There must be documented performance or behavioural issues. Terminating a worker for cause is a serious matter presenting a risk to the employer on many levels.
Just cause means a worker has done something seriously incompatible with the continuation of the employment relationship. Such action may include both job performance and behaviour.
Examples include intentionally disregarding duties (non-performance), and dishonesty such as stealing (behaviour).
Employers must give notice of termination to the affected worker. Employers can require a terminated worker to work until the end of the notice period, e.g. two weeks, or provide them with pay (compensation for length of service) instead of notice.
Retaliation means dismissing an employee for filing a workplace safety claim (or for raising the safety issue) or because the worker took a protected leave (such as maternity).
Without cause means there is no specific reason for the termination. An employer is typically free to terminate a worker without cause.
Warning: prior to termination, always check to ensure that any underlying human rights issues are addressed.