This letter should be used only in the case where the employee has committed a serious fault in the course of his or her employment, such fault being the cause for his or her dismissal which takes effect immediately.
In the case where an employee has committed a serious fault, not only the employer may dismiss him or her immediately, but the latter is also not obliged to give the employee a prior notice of termination, or pay him or her a compensatory indemnity.
Note that according to the CNESST, serious fault may result from a single act or omission, but also from a series of wrongful acts of lesser importance that are repeated despite serious warnings and the accumulation of which require the immediate termination of the employment agreement. In such case, the employer may terminate the employment agreement of the employee without prior written notice of termination and without paying him or her a compensation.
Our letter of termination as a result of a serious fault of an employee, without prior written notice of termination and without payment of a compensatory indemnity, is suitable for most situations where the employee has committed a serious fault within the meaning set out by the CNESST. This letter includes an acknowledgement of receipt by the employee who is dismissed for serious fault, which shall be kept by the employer should the dismissed employee file an action or appeal before the Commission.
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