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Monday, September 28, 2026

Ending the Employment Relationship: Important Considerations for Termination - MLT Aikins

Ending an employment relationship can be difficult. When terminating an employee, employers should ensure they take the appropriate steps to minimize their risks.

“Things are Just Not Working Out” – Dismissal Without Cause

Maybe the employee is not the right fit for the organization and things are not working out. An employer may dismiss a non-unionized employee on a without cause basis for any reason, as long as it is not discriminatory or in retaliation for exercising statutory employee rights. They must, however, provide notice or pay in lieu of notice in accordance with The Saskatchewan Employment Act, the employment agreement, and the common law if applicable. If there are concerns about potential litigation from the employee, or questions about the amount of notice that is required, legal counsel should be consulted prior to termination.

“Give Them Another Chance” – Progressive Discipline

Performance issues or minor misconduct may begin to lay the ground work for a termination from employment for cause. Before letting an employee go for cause, an employer should ensure they have adequately informed the employee that their conduct has been unacceptable and advise them their employment may be terminated if it does not improve. The employee needs to understand what efforts they can make to address the issues and improve their performance. When discipline is imposed, it should match the seriousness of the misconduct. If misconduct continues, sanctions should escalate....



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