CHAPTER_15_-_DISMISSAL_WITHOUT_CAUSE

CHAPTER_15_-_DISMISSAL_WITHOUT_CAUSE - CHAPTER 15 DISMISSAL...

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1 CHAPTER 15 – DISMISSAL CHAPTER 15 – DISMISSAL WITHOUT CAUSE WITHOUT CAUSE CHAPTER FOCUS: Review when frustration occurs? Consider how to determine reasonable notice under the common law; Assess the benefits and drawbacks of providing working notice rather than pay in lieu of reasonable notice Consider how to structure a separation package
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2 Chapter Focus cont’d Chapter Focus cont’d Review constructive dismissal and the employee’s common law duty to mitigate Examine the types of damages that can be awarded to a wrongfully dismissed employee Consider strategies for avoiding wrongful dismissal claims; and Review issues related to providing employee references
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3 Frustration Frustration In unusual circumstances an employment contract comes to an end without notice because the contract has becomes impossible to perform for reason such as floods, fires, or explosions that prevent the work from being performed or because the job has become radically different. A contract can become frustrated if an employee goes to jail or is a professional loses his professional credentials
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4 Dismissal Without Cause Dismissal Without Cause Employer must give “Reasonable Notice” - Working Notice - Cash in lieu - Combination of working notice or cash Failure to provide notice, or adequate notice, results in a claim for “Wrongful Dismissal”: a claim for compensation over the proper notice period
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5 HOW MUCH NOTICE IS HOW MUCH NOTICE IS REASONABLE? REASONABLE? Employment Standards Act provides minimum Rule of thumb (one month for each year) Bardal v. The Globe and Mail Ltd. the employee’s age the employee’s position the employee’s length of service the employee’s level of compensation the availability of similar employment, given the employee’s experience, training and qualifications
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6 Secondary factors: Secondary factors: Did an employer lure the employee away from a secure position? How was the employee treated during the termination process? Was the employee pregnant at the time of the termination? the lack of job opportunities because of poor economic times is a factor but it should not be given undue weight.
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7 Lengthening Reasonable Notice Lengthening Reasonable Notice Bad faith or unfairness on the part of the employer will lengthen reasonable notice: - unfounded accusations of cause - withholding information from the employee about the termination or status - inhibiting the employee’s ability to find other work - dismissing an employee who is on leave
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Working Notice Working Notice If insufficient, will result in a claim for cash in lieu of the balance of notice. May not be desirable in cases of:
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This note was uploaded on 07/13/2011 for the course HRMT 001 taught by Professor Elain during the Spring '11 term at Kwantlen Polytechnic University.

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CHAPTER_15_-_DISMISSAL_WITHOUT_CAUSE - CHAPTER 15 DISMISSAL...

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