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Fission Uranium is a mineral exploration company focused on uranium resource development. Its primary activities involve advancing uranium projects in Canada’s Athabasca Basin.
Have you been recently dismissed or let go from your employment with Fission Uranium?
The following are frequently asked questions by Fission Uranium employees facing termination:
Can Fission Uranium terminate my employment without cause? Is this an unjust dismissal?
The Canada Labour Code provides federal employees with protection from being dismissed without cause. Terminations without cause are generally prohibited and are considered an “unjust dismissal” within the meaning of section 240 of the Canada Labour Code.
The onus is on the Company to show why dismissal is justified. For example, Fission Uranium may show just cause for dismissal due to serious misconduct, or that it is terminating the employee for lack of work, or other reasons permitted by statute.
Is the severance package being offered by Fission Uranium in accordance with your legal entitlements?
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What about my LTIP/STIP/options, RSUs or other equity?
It is common for companies to cancel outstanding and unvested equity compensation upon termination. However, if that occurs, Fission Uranium may be required to compensate you for the loss of unvested equity compensation, whether or not you are actively employed on the vesting date.
Fission Uranium is stating that the reason for termination is due to downsizing/restructuring, but I feel that I was singled out. What are my rights?
Must Fission Uranium provide the reasons for my dismissal?
Fission Uranium says it has just cause for dismissal? Do I have any recourse?
Most instances of poor performance or employee misconduct do not rise to the level of “cause-worthy” conduct within the meaning of the Canada Labour Code or the common law.
Should I sign a release provided by Fission Uranium?
Generally, an employer will ask a departing employee to sign a release in exchange for the severance package. It is important that if you are being asked to sign a release, that you get advice on the package, the lawfulness of the dismissal, and your rights before you sign anything. Once you sign a release, you are generally forfeiting your right to pursue any further compensation or legal claims.
I am a unionized employee, what are my rights?
If you are a member of a bargaining unit, you should speak with your union representative about your rights under the applicable collective agreement. Typically, a collective agreement will contain provisions pertaining to layoffs, bumping and seniority rights and may also include provisions pertaining to your termination entitlements. In the context of downsizing or layoffs, an employer may be required to follow a “first in, last out” protocol. If your employer does not comply with the collective agreement requirements, the Union may file a grievance on your behalf.
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Disclaimer: The materials above are for general information purposes only. This is not legal advice. This is not specific to any one company. This does not suggest any improper conduct on the part of a specific employer.