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  • Conner Lantz
    Post count: 4836

    In hiring a casual employee, would there be a recommended termination clause/reference that you would recommend being added in a hire letter?

    Conner Lantz
    Post count: 4836

    Thanks for your patience in awaiting my response.
    The key issue, I presume, is termination notice. The bad news: As in most provinces, BC doesn’t provide for differential treatment of (or even mention, for that matter) casual employment in its ESA statute. The good news: Termination notice exceptions may apply (although not probationary employment since the arrangement is expected to last over 3 months).
    Section 65 says that the obligation to pay termination notice doesn’t apply to employees:
    (a) employed under an arrangement by which
    (i)the employer may request the employee to come to work at any time for a temporary period, and
    (ii)the employee has the option of accepting or rejecting one or more of the temporary periods,
    (b)employed for a definite term,
    (c)employed for specific work to be completed in a period of up to 12 months,
    (d)employed under an employment contract that is impossible to perform due to an unforeseeable event or circumstance other than receivership, action under section 427 of the Bank Act (Canada) or a proceeding under an insolvency Act,
    (e)employed at one or more construction sites by an employer whose principal business is construction, or
    (f)who has been offered and has refused reasonable alternative employment by the employer
    If one of these exceptions applies, you may want to refer to it in your Hiring Letter. Of course, the Q of whether you want to bring up termination in a Hiring Letter is something to consider–some employers won’t do that because it sets a negative tone. You will, however, have to discuss termination in the contract. Without knowing what kind of arrangement you have in mind, I’d just say that you may want to use a termination clause that tracks the ESA rules, a la something generic like this:

    ABC Company may terminate your employment at any time. If your employment with ABC Company is terminated, you will receive either written notice of termination, termination pay or a combination (as long as the notice and the termination pay together equal the length of notice you would be entitled to receive), in accordance with Section 63 of the ESA unless: i. You are terminated for just cause; or ii. Your employment is of the type for which Section 63 notice is not required under Section 65.
    Hope this helps and apologies for taking so long to get back to you. Glenn

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