LAW 529 Lecture Notes - Lecture 8: International Brotherhood Of Teamsters, The Employer, Wrongful Dismissal

• School: Ryerson University
• Department: Law and Business
• Course: LAW 529
• Professor: Kristyn Scott

Document Summary

Pg 400 for frustration of contract dismissal without cause: introduction (cid:0) (cid:0) (cid:0) (cid:0) (cid:0) (cid:0) (cid:0) (cid:0) Remember: dealing here with situations where an employment contract lacks a provision that governs notice of termination or the provision is unenforceable. In these situations, an employer has an implied duty to provide reasonable notice of termination (or pay in lieu of notice) under the common law. If the employer does not fulfill this obligation, they have wrongfully dismissed the employee. Need to consider unique circumstances of each particular employment relationship. The globe and mail): pg 403 summary for reference employee"s length of service; employee"s age; employee"s position; employee"s compensation level; and the availability of similar employment given the employee"s experience, training and qualification. Dismissal without cause: what is reasonable notice?, cont"d. Bain v. insurance corp. : the appropriate notice is not equivalent to the time it takes to find a new job. Jamieson case: unique skills limited options longer notice.