reassigned for Federally Regulated Employees
Many Canadians who have to be let go assume that they are entitled to a certain amount of severance pay. However, the reality is that it all depends on whether they are a federally regulated employee or not. This distinction matters because federally regulated employees have more job protection than workers governed by provincial labour laws. This means that they can only be dismissed if they have serious misconduct or if their job is no longer needed. If they are dismissed without this reason, or if they are fired after one year of service, the employer must provide them with a full severance package.
This is an important distinction because it means that even if the company has a valid reason to terminate a federally regulated worker, they must still give them a substantial package. This is why it’s so crucial that employers consider their severance packages carefully before making any major changes to the structure of their organization.
The Federally Regulated Employee severance pay rules have also recently been modernized to align with provincial employment standards legislation. For example, the old rules only required two weeks of notice or pay in lieu, whereas the new ones have a graduated system. This means that employees will be able to get a more accurate picture of how much they are owed in the event of a dismissal.
Can severance be reassigned for Federally Regulated Employees?
Moreover, it is important for employers to understand that they may not be allowed to fire non-unionized employees if it does not meet the requirements of the Canada Labour Code. According to a recent Supreme Court of Canada decision, this is the case unless the worker has exhibited serious misconduct or the company can demonstrate that it no longer needs their services. Typically, this would be the case if the company was closing its operations and needed to lay off many of its employees at once.
It’s also important to note that if an employer does not provide an adequate severance package, they could be sued for wrongful dismissal. This can happen if the employer did not follow all of the requirements of their contract, including their obligations to provide telecommunication employee severance pay upon termination. It is important that employees consider their options when facing a potential layoff or termination, and speak with an experienced employment lawyer like the lawyers at Samfiru Tumarkin LLP.
The law regarding severance packages is complicated and varies across the country, so it’s important for workers to know their rights. If you are a federally regulated employee and have been offered a severance package that is less than what you should be owed, contact an employment lawyer at Samfiru Tumarkin LLP for advice about your situation. They can help you determine if your severance package is fair and negotiate on your behalf. The firm can also help you file a wrongful dismissal claim if your employer has treated you unfairly. The consultation is free of charge. Call today to book an appointment.
