Entitlement to part-timers compared to full-timers
Question: Is there a difference in the requirements for severance pay or notice of dismissal requirements between part-time and full-time employees, either in statutory minimums or the courts? Is there any variance between different Canadian jurisdictions?
Answer: In the absence of just cause for dismissal, employers must provide notice of dismissal or pay in lieu thereof (sometimes referred to as “severance”). In addition, some statutes, such as Ontario’s Employment Standards Act, 2000, require severance payments in certain circumstances.
The amount of notice or severance to be provided is entirely unaffected by whether the individual was a full- or part-time employee. As has been discussed many times in the past, the statutory amounts of notice and severance are dictated strictly by length of service. The common law requirement of “reasonable notice” is based upon a number of factors, length of service being one.
Whether an individual works full- or part-time is only relevant when it comes to calculating the amounts to be paid. If working notice is to be provided, then it will be irrelevant: the individual would continue working the same hours she did previously. However, if the employer provides pay in lieu of notice, then the amount of pay would be what the employee would have received if she worked through the notice period. Obviously, all else being equal, an individual that only worked 15 hours per week will receive less pay per week than a comparable employee that worked full-time.
In response to your final question, every jurisdiction has its own legislation setting out, among other things, the amount of notice of dismissal or pay in lieu to be provided. However, the common law applies across the country.
Stuart Rudner is a partner in Miller Thomson LLP’s Labour and Employment Group in Toronto. He can be reached at (905) 415-6767 or [email protected].
