Additional requirement with respect to termination of employment
20 Additional requirement with respect to termination of employment
If a worker has suffered a work injury, the employer from whose employment the injury arose must not terminate the worker's employment without first giving the Corporation and the worker at least 28 days notice of the proposed termination.
However, notice of termination is not required under this section if—
the employment is properly terminated on the ground of serious and wilful misconduct; or
the worker is neither participating in a recovery/return to work plan, nor receiving compensation, for the work injury; or
the worker's rights to compensation for the injury have been exhausted or the time for making a claim for compensation has expired.
The burden of establishing that an employer terminated a worker's employment on the ground of serious and wilful misconduct lies on the employer.
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