Vacation Pay & Benefits
is due within seven days of your dismissal (last day worked) or the company’s next scheduled pay run, whichever date is the latter of the two.
If you have less than 3 months of service you have no lawful entitlement for Termination Pay or Notice under the ESA. In this circumstance you may have a case to pursue a legal claim of Severance pursuant to Common Law. Also, if you have a termination provision described in your employment contract that is above the ESA, you are still entitled to this provision.
Vacation Pay and Benefits
During the Notice period, whether working or paid out, you are entitled to vacation pay and any benefits including employer contributions that would normally be made in the course of regular employment.
Any or all of the Notice period should it be paid out as a lump sum must include vacation pay on top of these wages. Company benefits otherwise enjoyed during employment must continue for the duration or timeline of this Notice period the same as if you had been employed in the workplace during this time.
An employee who has been given a written notice of termination can resign and continue to keep the right to severance pay. To keep this right, the employee must give the employer two weeks’ written notice of his or her resignation. The resignation must also take effect during the statutory notice period–the period of written notice that is required to be given by the employer.
If an employer provides longer notice than is required, the statutory part of the notice period is the last part of the period that ends on the date of termination.
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