LAWS 3401 Lecture Notes - Lecture 9: Unconscionability, Dental Hygienist, The Home Depot
6 Dec 2017
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Finding the appropriate balance between the two views generous termination or should this area be left open to the employer"s thought of what is fair. Termination by due notice or wages in lieu thereof: notice requirements under employment standards legislation, the common law requirements regarding notice to terminate. Ontario termination and severance of employment regulation: lists specific circumstances in which the employer is excused from notice obligations. Important to know what constitutes as continuous employment under the esa. Group termination provisions under the ontario esa. High court 1960): decided by reference to each particular case with regard to the type of employment, length of service, age, and availability of similar employment given the persons experience, training and qualifications. 1. the availability of replacement work: the cushion rationale. 2. status of the job: courts tend to extend notice period in high status occupations on grounds that firms pay a lot of money to hire these people so there are less positions available.
