As an employer in Saskatchewan, it’s unfortunate when you are forced to terminate an employee. However, when doing so, it’s essential that you remain compliant with the Saskatchewan Employment Act (SEA) to stay compliant and protected from wrongful dismissal claims as well as potential fines. In order to do so, it’s essential you provide the terminated employee with the entitlements they are owed in accordance with the SEA.
Terminations for cause & without cause
In Saskatchewan, there are two forms of terminations:
- Termination for cause
- Termination without cause
A termination with cause occurs when an employee is fired for just cause when an employee is guilty of a serious act of wilful misconduct and/or a breach of their contract.
Actions that could result in this include:
- Assaulting a co-worker
- Committing fraud
However, this is only a route that you should pursue if it is a serious issue as the burden for proof for just cause firings is high. But, if you are in fact able to prove your case, you will not be required to provide Termination Notice or pay.
Whereas with a termination without cause, you are not required to provide a reason for letting the employee go. Although, you will need to provide Termination Notice or Termination Pay in lieu of notice.
What is termination notice?
An employee is entitled to written, reasonable notice of termination if they have been working for a company for more than 13 weeks. The amount of notice the employee is entitled to is based on their Length of Employment.
The minimum notice required is as follows:
Length of employment
More than 13 consecutive weeks but one year or less
More than one year but three years or less
More than three years but five years or less
More than five years but 10 years or less
More than 10 years
What is termination pay?
An employer can opt to provide Termination Pay In lieu of notice. This option is ideal for those who do not want the employee working through the notice period and would prefer to sever ties. employer may choose this option if they do not want the employee to work through the notice period and would prefer to provide a lump sum payment.
If you ask an employee to report to work to provide them with Termination Notice, you will be required to pay them reporting for duty pay. Reporting for duty pay is typically three hours at the worker’s regular hourly pay rate.
Still need help?
If you need help understanding Terminations in Saskatchewan, Employer Line is here to help. Call today at 1 306 271 1159 and an expert will be happy to walk you through it.