Common Law

refers to outcome of cases adjudicated in a court of law. Pursuant to Common Law can be described as anything awarded above the minimum legal requirements under the ESA.

Regardless of your service, you may still have a claim to make pursuant to common law. Whether or not you are eligible for Notice or Severance, your circumstances may lend themselves to a severance award.

In general, if any of the following apply, regardless of your service, you may have a solid claim for severance above any minimum entitlement:

• re-employability is not easily achieved
• you are earning an above average income
• you are in a middle management role
• you were solicited or lured from your previous employer
• you are in a skilled or specialized job
• you are older (45 plus)

As an employee you become eligible for Termination Notice following three months of continued employment. This entitlement is calculated based on your service. This provision only takes into consideration a up to maximum of 8 years or more to an 8 weeks pay or notice or a combination thereof.

It is at the employer’s discretion to provide Termination Notice as Working Notice or Pay in lieu of Notice. The employer may also opt to combine Working Notice and Pay in lieu of Notice for the statutory notice period. Your employer may even offer up a longer notice period, in any event no matter how much greater the notice period is above the minimum requirement, notice cannot take the place of severance should you have that legal entitlement as well.

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Termination Pay, Vacation Pay & Benefits