canada common-law labor-law british-columbia
Severance pay when getting terminated just after major change in scheduling
<p>Normally the amount of severance pay is calculated based on the most recent past several weeks (<a href="https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_96113_01#part1" rel="nofollow noreferrer">8 in this example</a>). What if there is an upcoming major change to the employees schedule right around the time of him being terminated without cause?</p>
<p>For example, Bob has worked for a company 2 days per week for the past 6 months. He recently accepted a full time position with the company (and as a result, quits his other part time job). Shortly after switching to full time, he is terminated without cause. Would Bob be entitled to severance just based on the 2 days a week or could it be argued that the severance should be based on the full time hours? Does having quit his other job to work full time have any bearing?</p>

<h2>Bob is entitled to severance based on his current duties</h2>
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<p>Redundancy (severance) pay is <a href="https://www.fairwork.gov.au/ending-employment/redundancy/who-doesnt-get-redundancy-pay" rel="nofollow noreferrer">not applicable</a> to certain employees and certain businesses.</p>
<p>For employees and businesses where it is payable, the specific award or registered agreement will detail how it is calculated. If an employee is not covered by one or the other than the National Employment Standard applies.</p>
<p>How many weeks an employee is entitled to depends on their period of continuous service and can be quite a complicated calculation. However, at the end of it, they will be entitled to a specific number of weeks of pay.</p>
<p>Those weeks are for the hours they are presently contracted for irrespective of it this has recently changed.</p>
