The Termination Due To Abandonment of Work document is essential for Canadian employers dealing with situations where employees have effectively abandoned their positions through unauthorized and extended absence. This document is typically used when an employee has failed to report to work for an extended period without proper notification or valid reason, and has been unresponsive to employer communication attempts. It ensures compliance with Canadian federal and provincial employment standards while protecting the employer's interests. The document includes comprehensive details about the employment relationship, documented attempts to contact the employee, formal termination notice, and provisions for final pay and benefits. It's crucial for establishing a clear record of the abandonment and subsequent termination process, which may be necessary for potential legal proceedings or employment standards complaints.
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1. Parties: Identification of the employer and the employee, including full legal names and relevant contact information
2. Background: Brief overview of the employment relationship, including start date, position, and relevant employment terms
3. Definitions: Definition of key terms used in the document, including 'abandonment of work' and 'termination'
4. Facts of Abandonment: Detailed chronological account of the employee's absence, including last day worked and pattern of non-attendance
5. Communication Attempts: Documentation of all attempts to contact the employee, including dates, methods, and responses (or lack thereof)
6. Notice of Termination: Formal statement of employment termination, citing abandonment as cause
7. Effect of Termination: Description of the immediate consequences of termination, including cessation of salary and benefits
8. Final Payment Details: Information about final pay, including any outstanding wages, vacation pay, or statutory entitlements
9. Return of Property: Requirements and process for returning company property
10. Confidentiality Obligations: Reminder of ongoing confidentiality obligations post-termination
1. Health Benefits Continuation: Details about any continued health benefits coverage, applicable when required by law or company policy
2. Outstanding Loans or Advances: Section addressing repayment of any outstanding loans or salary advances, if applicable
3. Non-Competition Obligations: Reminder of any existing non-compete agreements, if applicable to the employee's contract
4. Reference Policy: Company's policy regarding future employment references, if this differs from standard policy
5. Legal Rights Reservation: Statement reserving employer's legal rights regarding any damages caused by abandonment, if significant business impact exists
6. Appeal Process: Information about any internal appeal process, if company policy provides for one
1. Schedule A - Attendance Record: Detailed record of employee's attendance and absence pattern leading to the determination of abandonment
2. Schedule B - Communication Log: Chronological log of all attempts to contact the employee, including copies of emails, registered letters, and phone call records
3. Schedule C - Company Property Inventory: List of company property in employee's possession that must be returned
4. Schedule D - Final Payment Calculation: Detailed calculation of final payment including all statutory entitlements
5. Schedule E - Original Employment Agreement: Copy of the original employment agreement and any relevant amendments
6. Appendix 1 - Witness Statements: Statements from relevant witnesses regarding the employee's abandonment of work, if applicable
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