The world of employment law can be complex, especially when it comes to termination. Understanding the difference between probationary periods, just cause, authorized cause, and the role of a
notice to explain can empower both employers and employees during this sensitive process.
Probationary Period: A probationary period is a set timeframe at the beginning of an employment relationship where the employer assesses the employee's suitability for the role. During this time, termination can be easier for the employer, as long as it's not discriminatory and the employee receives proper notice. However, some basic standards of fairness still apply.
Just Cause vs. Authorized Cause: Just cause and just cause and authorized cause authorized cause are two distinct justifications for terminating an employee.
Just Cause: Just cause refers to termination based on the employee's actions or inactions. This typically involves misconduct, negligence, or a breach of trust. Examples include insubordination, theft, poor performance after a reasonable opportunity to improve, or violation of company policies. In such cases, the employer must demonstrate a legitimate reason for termination and follow established procedures, often including a two-notice rule: a notice to explain and a notice of termination. This allows the employee a chance to respond to the allegations.
Authorized Cause: Authorized cause refers to termination due to factors beyond the employee's control or due to business needs. This can include company restructuring, redundancy, closure of a
business location, or technological advancements that make the employee's position obsolete. Here, the focus is not on the employee's performance, but on circumstances outside their control. While termination is allowed, employers must often provide advanced notice, such as 30 days, notice to explain and sometimes severance pay.
Notice to Explain: A notice to explain, also known as a show cause notice, is a crucial step in termination based on just cause. This formal document outlines the specific allegations against the employee and provides them with an opportunity to respond. It should be clear, concise, and outline the potential consequences if the employee fails to respond adequately. The employee can use this opportunity to provide their perspective, evidence to refute the allegations, or propose corrective actions. A fair and thorough notice to explain protects both the employer's right to terminate and the employee's right to due process.
Understanding probationary periods, just cause, authorized cause, and the role of a notice to explain is essential for both employers and employees. Employers can ensure they follow legal procedures for a smooth termination process, while employees can advocate for themselves if they believe the termination is unfair. If you have any concerns regarding termination, consulting with an employment lawyer is highly recommended.