Termination of Employment



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termination for cause

  • involuntary termination of employment for such reasons as incompetence or incapacity; or

  • voluntary termination of employment for such reason as abandonment of position (renvoi pour cause)



1.1 Struck-off strength date


Where the employer accepts in writing an employee’s written resignation to be effective on a specified date, the employee will cease to be employed at the close of business on that specified date.

Example 1

The last day of employment, whether paid or unpaid, for the employee is Wednesday, July 16, 2003, and the struck-off strength (SOS) date is Thursday, July 17, 2003.



Example 2

The last day of employment, whether paid or unpaid, for the employee is Friday, July 18, 2003, and the SOS date is Saturday, July 19, 2003.


1.2 Entitlement to remuneration for a holiday


On termination of employment, an employee shall not be paid for a holiday that both follows and is contiguous to the last day of employment.

Example

The employee submits notice of resignation to be effective Tuesday July 1st, 2003. The resignation should be accepted as of the close of business on June 30, 2003, and no entitlement exists for the July 1, 2003, holiday. The employee’s SOS date is Tuesday, July 1, 2003.


1.3 Struck-off strength date while contributor is on authorized leave without pay


When an employee is on authorized leave without pay, the effective date on which he or she ceases to be employed is the day following the date the deputy head of the employing department accepts the employee’s written notice of resignation and notifies the Minister (Superannuation Directorate) in writing that the employee has ceased to be employed.

Note: There have been special situations where, for pay purposes, the employer can terminate an employee on a certain date; however, for pension purposes, the Public Service Superannuation Act (PSSA) determines an alternate date.

(Reference SAM 2-2-3)



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