service the age of the worker availability of similar employment and the

Service the age of the worker availability of similar

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service, the age of the worker, availability of similar employment, and the experience, training, and qualifications of the worker (England, 2008).Further complicating matters is that many jurisdictions have minimum notice periods set out in their employment standards legislation. This minimum notice period is different from (and usually less than) reasonable notice. That is, an organization has not necessarily met its obligation to provide reasonable notice simply by providing an employee with minimum notice (or pay in lieu). Some organizations have managed to get around the uncertainty associated with reasonable notice by stipulating the length of reasonable notice in an employee’s employment contract (sometimes equating it with statutory minimum notice). This approach can reduce the uncertainty associated
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with notice periods, but may require the employer to make a higher wage offer to attract workers because of the potential loss associated with stipulating what is reasonable notice in the contract.-Mutual ConsentAn employee and an employer may mutually decide that they wish to end an employment relationship. They can do so and typically would exchange written confirmation of their joint intent. This kind of termination is uncommon because one side usually desires the termination more than the other and takes action to end the relationship. If the employee wishes to leave, he or she usually quits. If the employer wants the worker to leave, the employer usually provides notice.-Constructive DismissalAn interesting wrinkle in termination is constructive dismissal. Constructive dismissal is a form of wrongful dismissal that occurs when an employer makes unilateral changes in the terms and conditions of the employment contract that are unacceptable to the employee so that the employeequits of his or own volition. The types of unilateral major changes to the employment contract that may be construed as constructive dismissal include forced transfer, demotion, forced resignation, forced retirement, a unilateral reduction in salary or wages, a suspension or layoff, or a major changein duties and responsibilities.If the employee feels that she or he has been constructively dismissed, the employee should 1. inform the employer that the change is unacceptable, and 2. seek a meeting with the employer to resolve the issue. Such changes can and do occur in some instances, but they must generally be accompanied by some consideration (i.e., money or some other item of value) for the employee. If the employee is not willing to accept the change, then the worker has the option of resigning the position and suing for wrongful dismissal. Chapter 7 Questions
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