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Recommendation For Termination Of Employee for Canada

Recommendation For Termination Of Employee Template for Canada

A formal internal document used in Canadian workplaces that outlines and substantiates a recommendation to terminate an employee's employment. The document must comply with both federal and provincial employment laws, including the Canada Labour Code or relevant provincial employment standards legislation. It provides a comprehensive analysis of the situation, including performance history, reasons for termination, steps taken for improvement, and recommendations for severance and transition arrangements. The document serves as both a decision-making tool and a record of due diligence in the termination process.

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What is a Recommendation For Termination Of Employee?

The Recommendation For Termination Of Employee document is a crucial internal communication tool used in Canadian organizations when proposing the termination of an employee's employment. It is typically prepared when performance issues, misconduct, or organizational changes necessitate considering termination. The document must be drafted in compliance with Canadian employment laws, including federal and provincial standards, human rights legislation, and relevant case law. It serves multiple purposes: documenting the rationale for termination, demonstrating due process, ensuring legal compliance, and providing a basis for senior management decision-making. The document should include comprehensive details about the employee's history, performance issues, improvement attempts, and specific recommendations regarding the termination process and terms.

What sections should be included in a Recommendation For Termination Of Employee?

1. Employee Information: Basic details including employee name, position, department, hire date, and current supervisor

2. Employment History: Brief overview of the employee's tenure, positions held, and any relevant promotions or transfers

3. Reason for Recommendation: Clear and objective statement of the primary reasons for recommending termination

4. Performance History: Summary of performance reviews, notable achievements or concerns, and any relevant metrics

5. Disciplinary Record: Documentation of any previous warnings, performance improvement plans, or disciplinary actions

6. Steps Taken: Description of measures taken to address issues, including coaching, training, or support provided

7. Legal Compliance Review: Confirmation that the recommendation complies with relevant employment laws and company policies

8. Recommendation Details: Specific recommendations regarding timing, severance, and transition arrangements

What sections are optional to include in a Recommendation For Termination Of Employee?

1. Financial Impact Analysis: Include when termination involves significant severance costs or business impact considerations

2. Risk Assessment: Add when there are potential legal, reputational, or operational risks associated with the termination

3. Transition Plan: Include when the role requires significant knowledge transfer or succession planning

4. Union Considerations: Required when the employee is part of a unionized workforce

5. Alternative Considerations: Include when there are potential alternatives to termination that have been considered

6. Security Protocols: Add when the employee has access to sensitive information or systems requiring special handling

What schedules should be included in a Recommendation For Termination Of Employee?

1. Performance Documentation: Copies of relevant performance reviews, warnings, or improvement plans

2. Meeting Notes: Documentation of relevant meetings, coaching sessions, or discussions

3. HR Documentation: Copies of relevant HR records, complaints, or investigations

4. Cost Analysis: Detailed breakdown of termination costs including severance calculations

5. Position Description: Current job description and key responsibilities

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Ƶ

Document Type

Termination Letter

Cost

Free to use
Relevant legal definitions






























Clauses






















Relevant Industries

Technology

Manufacturing

Financial Services

Healthcare

Retail

Professional Services

Education

Construction

Transportation

Hospitality

Mining

Energy

Telecommunications

Public Sector

Non-Profit

Relevant Teams

Human Resources

Legal

Senior Management

Operations

Employee Relations

Talent Management

Compliance

Industrial Relations

Relevant Roles

Human Resources Manager

Department Manager

Operations Director

HR Business Partner

Employee Relations Manager

Legal Counsel

Chief Human Resources Officer

Regional Manager

Division Head

Human Resources Director

Senior Manager

Vice President

Department Supervisor

HR Specialist

Talent Management Director

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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