PART X NOTICE OF TERMINATION — Notice unnecessary

the employer has mistreated the employee or acted in a manner that has or might endanger the health or well-being of the employee, or has otherwise been in breach of a material condition of the contract of service that in the opinion of the director or the Labour Relations Board considering and deciding a complaint made under this Act warrants no notice being given;

the employee pays to the employer an amount equal to the amount that the employee would normally earn under the contract of service covering the period of notice that the employee would otherwise be required to give under this Part;

the employee is employed for a firm non-renewable term or for a specific task when the term or task does not exceed 12 months and the employment is not terminated before the completion of that term or task; or

the contract of service between the employer and the employee has existed for less than 1 month.

Where an employee terminates a contract of service without giving the notice required by this Part in circumstances not permitted by subsection (1), the employer may, with the consent of the employee, deduct from unpaid wages due to the employee the amount that the employee is permitted to pay under paragraph (1)(b), but where that consent is not given, the employer shall deposit with the director the amount in respect of which consent is not given, and the director shall determine the issue in accordance with the powers conferred on the director under this Act.

For the purpose of paragraph (1)(b), "normal earnings" includes the amount for overtime wages that might have been earned by the employee on the basis of the employment of overtime practised in the month before the employee’s termination of employment under the contract of service.