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Unformatted text preview: MCS*3040- Business and Consumer Law CHAPTER 21- TERMINATING THE EMPLOYMENT RELATIONSHIP Ending the Relationship - normally relationship ends under amicable conditions; resignment to pursue other interests, retirement, or contract is ending- however, other ways in which a relationship can end; summarily dismisses/ fires employee, gives employee notice of termination, acts in manner such that employment relationship is untenable - on that note, within employment contract there is implied term that employer may terminate an employee relationship without notice on basis of just cause- dismissal for just cause subject to collective agreements and individual employment contracts which can specify terms for ending employment relationship- dismissal for just cause also subject to legislation might give certain employees rights in case of dismissal- implied that employer may terminate employment contact by giving employee reasonable notice of termination- no reason is required- also subject to collective agreements and individual employment contracts that provide notice periods and rights on dismissal- provincial federal employment standards legislation provides for notice periods and procedures on dismissal- periods of notice provided by legislations are minimum, usually employees entitled to more Dismissals for just cause Just cause: employee conduct that amounts to a fundamental breach of employment contract.- in event of just cause, employer can be dismissed without notice- just cause exists when employee is guilty of one or more of following 1. serious misconduct 2. habitual neglect of duty 3. incompetence 4. conduct incompatible with duties or prejudicial to the employers busiess 5. willful disobedience in a matte of substance- grounds for dismissal easy to articulate, but difficult to apply; because whether employees conduct justifies is question of fact that requires assessment of context in circumstances of conduct Serious misconduct Serious misconduct: intentional, harmful conduct of the employee that permits the employer to dismiss without notice.- minor infraction insufficient to justify dismissal, though cumulative effect of multiple minor incidences might be sufficient- cumulative effect must have serious impact on employment relationship- if want termination on basis of accumulation of number of minor incidents, employer has duty to warn and give opportunity to improve performance- waning and giving opportunity really important when progressive discipline policy in place progressive discipline policy: a system that follows a sequence of employee discipline from less to more severe punishment- each step in progression carries more serious penalty, until last step- dismissal reached - warning could be oral, or written; but should be clear and understood by employee- single act of misconduct can justify dismissal if sufficiently serious- nature and context of any misconduct ( ex. Dishonesty) must be considered- workplace polices also affect distinction between serious misconduct and...
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