Prepare for Employee Departures
As employees learn, grow, and develop, they may choose to leave your company to advance their career paths. But sometimes leaving isn’t a choice; you may need to make staffing changes for any number of reasons (e.g. financial difficulties, employee performance issues, labour restructuring)
Regardless of the reason, an employee’s departure should be managed with respect and professionalism in order to minimize disruption within the work environment and avoid potential costly legal and financial liabilities.
Plan for Employee Departure Scenarios
Carefully consider termination options (with/without just cause) and risks. Review performance management documentation, employment contracts, and other information to make an informed decision.
Voluntary terminations Request and acknowledge all voluntary terminations (resignations) in writing (e.g. email or text)
Be aware of employer and employee legal rights and responsibilities regarding terminations, layoffs, recalls and resignations.
Plan final meetings in advance – Location, attendees, script (keep it brief). Document the discussion and determine how you will advise remaining employees of the departure.
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In addition to all of the tools, templates and resources below, go2HR offers an employer advisory service. Each region has their own HR consultant, to help address the unique HR needs of their region.
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Our experts have curated a selection of articles to help you start recruiting in the tourism and hospitality industry.
Browse Departures Resources
Termination Without Cause: Determining Reasonable Notice
An employee is entitled to a certain amount of notice (or pay in lieu of notice) when their employment is terminated without cause. Terminating an employee without just cause can be complex. Employers should be careful in making determinations about the amount of notice provided to a terminated employee in order to avoid claims for wrongful dismissal.
Bad Faith Discharges Revisited
The following decisions can be considered positive developments for employers in the area of wrongful dismissal.
Termination of Employment, Notice and Pay in Lieu of Notice
Upon the termination of employment, an employee is entitled to notice or payment in lieu of notice. Employers must be aware of their obligations. A failure to comply with the minimum notice standards under the Employment Standards Act can lead to further, increased damages against you.
Section 53 provides that employees are entitled to up to three days of unpaid leave on the death of a member of the employee’s immediate family.
Compassionate Care Leave
As of May 2018, the entitlement to unpaid compassionate care leave in BC has increased from eight weeks to 27 weeks (six months).
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