Employee terminations in Nova Scotia: Free Advice for Employers

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Termination of Employment

Termination is the leading cause of employment-related legal disputes. It is critical that employers know how to correctly carry out a termination of employment to reduce the risk of legal claims for wrongful dismissal. The rules for terminations in Nova Scotia are set down in the Nova Scotia Labour Standards Code (LSC).

What are the requirements for providing written notice when terminating an employee?

The Nova Scotia LSC establishes minimum notice periods based on how long an employee has worked for the same employer.

Less than 3 months: No notice required.
3 months or more but less than 2 years: 1 week's written notice or pay in lieu of notice.
2 years or more but less than 5 years: 2 weeks' notice or equivalent pay.
5 years or more but less than 10 years: 4 weeks' notice or pay in lieu.
10 years or more: 8 weeks' notice plus the requirement for just cause to terminate.

Termination pay in Nova Scotia

Termination pay or pay in lieu of notice means providing a lump sum payment equal to what the employee would earn during the notice period instead of having them work through it. For example, if an employer does not want the employee being terminated to work through their notice period, the employer can provide them termination pay instead.

Change in terms & conditions of employment or Constructive Dismissal If the employer makes a major change to fundamental terms and conditions of employment (e.g., reduces hours of work or pay, demotes the employee) without the employee's consent, the situation might fall under the termination rules in the legislation.

Have questions about terminations in Nova Scotia?

Our HR experts can answer your questions about employee dismissals, employment contracts, and compliance with Nova Scotia's Labour Standards Code. Call us anytime for free advice at 1-833-710-0677

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