Forfeiture Periods in Employment Law

A forfeiture period is a statutory period for exercising a particular right which, if missed, extinguishes the right itself. Unlike limitation, courts take forfeiture periods into account of their own motion; the parties need not raise them. In employment law these periods are generally short and missing them has serious consequences.

Main Forfeiture Periods

• Reinstatement: Applying to a mediator within one month of service of the termination notice; failing agreement, filing a claim within two weeks of the final minutes; see Reinstatement Claim.
• Returning to work: Applying to the employer within ten working days of service of the final reinstatement judgment.
• Just cause termination: Exercising termination based on conduct contrary to morality and good faith within six working days of learning of it and in any event within one year of the act; see Termination for Just Cause.
• Material change: Six working days for the employee’s written acceptance; see Material Change in Working Conditions.
• Collective labour law: Special periods also apply to claims for termination on trade union grounds and collective labour disputes.

Effect of Mediation

Forfeiture periods do not run from the application to the mediator until the final minutes are drawn up. However, the one-month period for applying to a mediator in reinstatement cases is itself a forfeiture period and missing it extinguishes the right. For the process, see the Mandatory Mediation Guide.

For Employers

For employers, the most critical forfeiture period is the six working days for just cause termination. A lengthy internal investigation after learning of misconduct may cause the right to terminate to lapse. Employers should bear in mind that the period starts when the person with authority to terminate learns of the event, and that internal investigations must be completed within a reasonable time.