Page 27 - GBC Summer ENG 2021

This is the second part of a 2-part Employment Law article.
Part 1: Hiring and Employment Contracts was published in Golf Business Canada, Spring 2021 edition
While we enter employment relationships with the best of intentions, the unfortunate reality is that all employment relationships come to an end at one point or another. This article provides golf course owners/ managers with practical tips to minimize risks when terminating employment relationships in a non-union workplace. This article applies to terminations of both seasonal and non-seasonal employees.
EMPLOYMENT LAW
PartTwo
Terminations in a Non-Union Workplace
DETERMINE ENTITLEMENTS & DECIDE WHETHER TO TERMINATE “FOR CAUSE”
Before terminating an employment relationship, an employer should determine the employee’s entitlements by considering the employee’s contract (which may be a written or oral contract). Employees are generally entitled to advance notice of a termination, or to payment instead of the notice. When an employer provides this notice or payment, the termination is known as a termi- nation “without cause”.
When an employee has engaged in misconduct, an employer may decide to terminate without providing a notice payment or actual notice. This type of termination is known as a “for cause” termination.
While it may be tempting for employers to assert that there is “cause” for termination, employers should only assert “cause” when there is a basis for the asser- tion. Employers should also consider whether the misconduct is sufficient to disentitle the employees to notice or payment in lieu of notice. Employees may disentitle themselves to “reasonable notice” at common law if their misconduct amounts to “just cause”. However, those employees may still be entitled to the minimum termination entitlements established by employment standards legislation.
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