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Group Layoff or Termination

A group termination occurs when an employer terminates 10 or more employees in a workplace or number of workplaces in a community with a common employer within any four-week period. “Termination” includes a layoff with no recall date or a layoff of 26 weeks or more. The employer must give notice of group termination.
  1. Minimum Notice Requirements
  2. Individual Notice Requirements Affect Group Termination
  3. Where Notice of Group Termination is Not Required
  4. Who Must Receive Written Notice of Group Termination
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1. Minimum Notice Requirements

The minimum notice for a group termination is:

  • 10 to 49 employees: four weeks
  • 50 to 99 employees: eight weeks
  • 100 or more employees: 12 weeks
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2. Individual Notice Requirements Affect Group Termination

Individual notice of termination is still required when the termination is part of a group termination. Employees affected by a group termination must receive both group and individual notice of termination.

The employer can give notice of individual and group termination in the same document and at the same time, provided the notice given meets the time required for both individual and group terminations.

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3. Where Notice of Group Termination is Not Required

An employer is not required to give notice of group termination where the employees:

  • work on an "on call" basis;
  • are employed for a definite period (e.g., eight weeks);
  • are employed for a specific project with a completion date that is reasonably foreseeable in any industry, other than the construction industry, or occupation;
  • are employed in the construction industry for a specific project with a completion date that is reasonably foreseeable, except if the employment is any occupation carried on in an office;
  • are offered and refuse reasonable alternate work;
  • are employed on a seasonal basis;
  • are laid off for a period less than 26 weeks; or
  • are unable to work because of an unforeseen event.
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4. Who Must Receive Written Notice of Group Termination

An employer must provide written notice to:

  • the Minister of Labour Relations and Workplace Safety;
  • each employee whose employment will be terminated; and
  • any trade union representing the affected employees.

The written notice must indicate the:

  • number of employees who will be terminated;
  • effective date or dates of their terminations; and
  • reason(s) for the terminations.

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