[Glenn Demby]

in reply to: BC Termination without cause – Employer payroll threshold? #97102

There are numerous exceptions to the ESA duty to provide termination notice but none of them are based on how much an employee earns or how big an employer’s total payroll is.

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Here are the exceptions that the ESA does list.

65 (1)Sections 63 (TERMINATION NOTICE) and 64 (GROUP TERMINATION NOTICE) do not apply to an employee

(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.

(2)If an employee who is employed for a definite term or specific work continues to be employed for at least 3 months after completing the definite term or specific work, the employment is

(a)deemed not to be for a definite term or specific work, and

(b)deemed to have started at the beginning of the definite term or specific work.

(3)Section 63 does not apply to

(a)a teacher employed by a board of school trustees,

(a.1)a teacher who is employed with or who has a service contract with a francophone education authority as defined in the School Act, or

(b)an employee covered by a collective agreement who

(i)is employed in a seasonal industry in which the practice is to lay off employees every year and to call them back to work,

(ii)was notified on being hired by the employer that the employee might be laid off and called back to work, and

(iii)is laid off or terminated as a result of the normal seasonal reduction, suspension or closure of an operation.

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Feel free to circle back with me if I didn’t understand your question. glennd@bongarde.com Glenn Demby, HR Insider Editor in Chief

[Glenn Demby]

in reply to: Leave of absence #97097

It all depends on the form of unpaid leave the employee is purporting to take. What you need to do–or I can do it for you if you give me the particulars–is check the ESA requirements governing that particular form of leave and determine:

* Does the employee qualify for that leave–has she been with the company long enough?
* Is the notice that she’s provided timely for that particular leave?
* Does the notice list the information that an employee must provide to take that form of leave?
* Is this the kind of leave for which you can require an employee to furnish verification?
* If so:
> Have you actually requested verification?
> Did the employee furnish the verification?
> Was the verification she provided adequate?
* Has the employee complied with company HR rules for taking leave?

If you’d like, give me your phone number and I’ll ring you up. Glenn Demby, HRI Ed in Chief

Does she have enough service to be eligible for that particular leave? Is the notice timely–has she given you the notification required for an employee to take that particular form of leave?

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