This assessment identifies the rules around terminating employees.
Does your non-profit know what constructive dismissal is?
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.
Does your non-profit understand the potential implications of terminating a worker for 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.
Does your non-profit know when it can terminate a worker for just cause?
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).
Does your non-profit know how to give notice of termination without cause?
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.
Does your non-profit know it cannot terminate a worker in retaliation?
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).
Does your non-profit know what it means to terminate a worker “without cause”?
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.
Does your non-profit know when it can terminate a worker?
Terminate means to end the employment relationship, commonly known as firing, dismissing, or letting someone go.
Employers can terminate workers at any time but their reasons for doing so may give rise to claims for wrongful termination. Terminations cannot be retaliatory or in violation of the Human Rights Act.