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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100035
Experience:  Lawyer
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Do I need to give cause when providing two-weeks notice to

Customer Question

Do I need to give cause when providing two-weeks notice to a Live-in Caregiver?
What recourse might she have in pursuing a wrongful dismissal claim?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
How long has she worked for you for?
Customer: replied 2 years ago.
She has worked for us for 4 months of a two-year contract that began in mid-March 2015.
Expert:  Debra replied 2 years ago.
But does the contract allow you to dismiss her without just cause before the two years are up and if so does it provide for a specific notice period?
Customer: replied 2 years ago.
Thank you for your follow-up question. It appears to me that contract does allow us to dismiss here without cause. Here is the clause on termination from her contract:"Notice of termination of employmentThe EMPLOYER must give written notice before terminating the contract of the EMPLOYEE. This notice shall be given at least weeks in advance. The parties agree to abide by provincial/territorial labour/employment standards regarding written
notice of termination of employment."By the way, the reason for my question is this: my brother and I separately hold power of attorney over my mother, who is the Employer of the Live-in Caregiver. My brother wants to fire the caregiver and I don't think he has cause--not even close. If I were the caregiver, I would consider getting fired in these circumstances very unfair and would certainly investigate any possible way of disputing the decision, including complaining to Services Canada and/or launching a wrongful dismissal suit. The Services Canada website seems to indicate we can terminate without cause and so does the contract, but I'm just having trouble believing we would not be inviting problems of one kind or another if we make a clearly unreasonable and unfair firing decision.
Expert:  Debra replied 2 years ago.
Because the contract does not say just cause is needed you can dismiss her without just cause and after working for you for only 4 months she is only entitled to one week's pay or notice.She cannot cause trouble as you would be given her what the law and you contract requires.

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