Important general information regarding the dismissal of an employee

The word "employee" used here refers to a salaried employee, namely a person working for an employer and who is entitled to a salary. Here are some distinctions between the different terms used in this matter. The dismissal of an employee is initiated by the employer and terminates permanently the employment agreement with the employee or the employment relationship between the employer and the employee, for reasons that are often related to the skills or behaviours of the employee. The termination of employment or permanent layoff also terminates the permanently the employment relationship between the employer and the employee, but it is for economic, organizational or technical reasons. However, if the employer suspends an employee, with or without pay, the suspension is not a dismissal, as it does not terminate permanently the employment relationship.

By law, and subject to the exception provided by the same law, an employer wishing to dismiss or lay off an employee for a period exceeding six (6) months must give a written notice of termination before terminating or laying off the employee for this period, which notice shall be given to the employee within the time limit provided by law, which is calculated based on the number of years of uninterrupted service completed by the employee with the employer. The law also provides exceptions. If the employer does not give the employee a notice of termination within the prescribed time limit or if the latter gives the employee an insufficient period of notice, the employer will then have to pay the employee a compensatory indemnity.

Before dismissing an employee, the CNESST advocates the principle of progressive discipline against the employee:

• verbal warning;
• written warning or reminder;
• short-term suspension with or without pay;
• long-term suspension with or without pay;
• demotion or "transfer" of the employee.