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Letter Of Dismissal For Poor Performance Template for Canada

A formal employment termination document used in Canadian jurisdictions to end an employment relationship based on documented poor performance. This document adheres to Canadian federal and provincial employment standards, incorporating required notice periods or pay in lieu of notice, while clearly outlining the performance-based reasons for termination. It includes essential details about final pay, benefits, company property return, and ongoing obligations, ensuring compliance with relevant employment legislation and minimizing legal risks associated with wrongful dismissal claims.

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What is a Letter Of Dismissal For Poor Performance?

A Letter of Dismissal for Poor Performance is a crucial document used in Canadian employment contexts when terminating an employee due to documented performance issues. This document serves as the formal written notice of employment termination, incorporating specific requirements under Canadian federal and provincial employment laws. It should reference previous performance improvement attempts, warnings, and documentation while clearly stating the termination decision and terms. The letter must be carefully drafted to ensure compliance with employment standards, human rights legislation, and common law principles, including appropriate notice periods or pay in lieu of notice. Proper documentation and clear communication in this letter are essential for protecting the employer from potential wrongful dismissal claims while maintaining professionalism and respect toward the terminated employee.

What sections should be included in a Letter Of Dismissal For Poor Performance?

1. Letter Header: Company letterhead, date, and employee's full contact information

2. Clear Statement of Termination: Direct statement indicating employment termination and effective date

3. Reason for Termination: Brief summary of performance issues leading to termination, referencing previous warnings and improvement plans

4. Notice Period Details: Specification of notice period or pay in lieu of notice being provided

5. Final Pay Information: Details of final salary, vacation pay, and other outstanding compensation

6. Company Property Return: List of company property to be returned and process for return

7. Confidentiality Reminder: Reminder of ongoing obligations regarding confidential information

8. Signature Block: Space for authorized company representative's signature and title

What sections are optional to include in a Letter Of Dismissal For Poor Performance?

1. Benefit Continuation: Details of benefit continuation during notice period, if applicable

2. Severance Package: Additional severance offerings beyond minimum requirements, if any

3. Outplacement Services: Information about career transition services if being offered

4. Reference Policy: Company's policy on providing references for future employment

5. Release Agreement: Reference to any separate release agreement being offered

6. Legal Rights Statement: Statement acknowledging employee's right to seek legal counsel

What schedules should be included in a Letter Of Dismissal For Poor Performance?

1. Performance History Summary: Chronological summary of performance issues, warnings, and improvement attempts

2. Final Payment Calculation: Detailed breakdown of all final payments including salary, benefits, and deductions

3. Company Property Checklist: Itemized list of company property to be returned

4. Benefits Summary: Detailed information about benefit termination dates and conversion options

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Canada

Publisher

Ƶ

Document Type

Disciplinary Letter

Cost

Free to use

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