Termination Letter to Employee for Breach of Policies (with Cause Termination)

What is a Termination Letter to Employee for Breach of Policies (with Cause Termination)?

A Termination Letter to Employee for Breach of Policies is a letter sent to an employee advising them that they are being terminated for not respecting employer policies.

The employer may put in place workplace policies for the safety of employees or specific policies consistent with legislation such as workplace harassment policies. If an employee breaches a workplace policy after the employer has advised the employee to respect the protocols, then the employer may terminate the employee for cause as a result of disobeying the policies.

If employee misconduct in the workplace was not severe enough to warrant outright termination, then proof of warnings should also be highlighted in this letter. This shows that the employer repeatedly warned the employee about their conduct. In other words, the progressive warnings have led the employer to terminating the employee.

What are the different types of termination letters?

Termination letters can take various forms, which primarily include the following:

• Termination letter to employee for cause: this is a general termination letter which can be used to terminate an employee based on workplace violations, which may include, for example, constant absenteeism, theft, fraud, and more.
• Termination letter for breach of policy: this is a specific termination letter, which is sent as a result of an employee's breach of a workplace policy, including, for example, a policy that prohibits workplace harassment and discrimination.
• Termination letter with compensation: this is a general termination of the employee being made without cause. If the employee is terminated without cause, they are entitled to notice or pay in lieu of notice. This letter is used when an employer simply wants to terminate an employee and pay them.

Is it mandatory to have a Termination Letter to Employee for Breach of Policies (with Cause Termination)?

Yes. Having a termination letter is required in order to terminate an employee for breach of policies. A termination letter is an important document that may be required in the event of a lawsuit. The document highlights the reasons for termination and the official date on which termination is effective.

A termination letter can provide clarity and serves as a written record of the events that resulted in the employee's dismissal.

What should a Termination Letter to Employee for Breach of Policies (with Cause Termination) contain?

A Termination Letter to Employee for Breach of Policies (with Cause Termination) should describe the specific policies that the employee breached and the dates on which the breach or breaches occurred. Listing the specific policy breaches provides greater clarity to the employee being terminated. This also serves as evidence of termination with cause. Also, the employer or their representative sending this letter should provide specific details about the warnings that the employee received.

What are the prerequisites of a Termination Letter to Employee for Breach of Policies (with Cause Termination)?

Prior to sending a Termination Letter to Employee for Breach of Policies (with Cause Termination), it's important for the employer to have disciplined the employee progressively and to have provided warnings regarding their behaviour or performance which has resulted in the termination. Otherwise, the employee may file a claim for wrongful termination to obtain severance pay. If, after the employer has taken the appropriate steps to place the employee on notice, and the employee still does not comply, a termination letter may be warranted.

What has to be done after a Termination Letter to Employee for Breach of Policies (with Cause Termination) is ready?

After the letter is ready, the employer or a person of authority such as human resources or a supervisor will send this letter to the last known address of the employee, to their email address, or by any means of delivering the letter to the employee. This will advise the employee that they are being terminated for breaching workplace policies.

The employer should keep a copy of this letter in the employee's file for documentation purposes.

Is it necessary to register a Termination Letter to Employee for Breach of Policies (with Cause Termination)?

No. Registering the letter is not necessary. However, the employee's record of employment will need to be updated with Employment and Social Development Canada through Service Canada. This means that the government must be notified that the employee no longer works for the employer.

Which laws are applicable to a Termination Letter to Employee for Breach of Policies (with Cause Termination)?

In Canada, employment relationships are governed by legislation and case law. Different laws will also apply depending on whether or not the employee is represented by a union. These laws govern the relationship between employer-employee and set out the parameters of what is allowed and what is not; including termination notices.

The following pieces of legislation govern employment law:

• Ontario: Employment Standards Act, 2000, S.O. 2000, c. 41
• Alberta: Employment Standards Code, RSA 2000, c E-9
• British Columbia: Employment Standards Act, RSBC 1996, c 113
• Saskatchewan: The Saskatchewan Employment Act, SS 2013, c S-15.1
• Manitoba: The Employment Standards Code, CCSM c E110
• Quebec: Act respecting labour standards, CQLR c N-1.1
• New Brunswick: Employment Standards Act, SNB 1982, c E-7.2
• Nova Scotia: Labour Standards Code, RSNS 1989, c 246
• Prince Edward Island: Employment Standards Act, RSPEI 1988, c E-6.2
• Northwest Territories: Employment Standards Act, SNWT 2007, c 13
• Nunavut: Labour Standards Act, RSNWT (Nu) 1988, c L-1
• Yukon: Employment Standards Act, RSY 2002, c 72
• Newfoundland and Labrador: Labour Standards Act, RSNL 1990, c L-2
• Canada: Canada Labour Code, RSC 1985, c L-2

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