Business Law Chapter 10 Questions.docx

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Management and Organizational Studies
Management and Organizational Studies 2275A/B
Cristin Keller

Business Law Chapter 10 Questions First question have to ask: Is this an employment relationship? Second question to ask: Is there a union? If there is, what does the collective agreement say? If there is not a union, what does the individual agreement say about the contract? An employee can terminate an employee for cause or not for cause in a non-unionized environment. If the employee has done something wrong, the employer doesn’t owe a dime to the employee nor does he have to give a notice. If the employee has done nothing wrong, the employer can give a reasonable notice or give reasonable pay for amount of time required to find new job of equal value–puts them back into position before breach (pay in lieu of notice). The factors the court will look at are for how much pay is reasonable: the employee’s age, time of termination, employee’s position, length of employment, and the economic climate (London employment rate, etc.). 1) We have to see if the individual is an employee. Wrongful dismissal is only available for employees. Bill is in the Chair of Health and Safety Committee and he gets paid by Electrictian R US. But he also supplies his own tools and drives his own vehicle. It depends on the rest of the story. If the company didn’t give him reasonable notice or pay in lieu of notice, he might be able to raise an action. 2) 0. There is a wrongful cause. He breached a condition of the contract. An implied term in a contract is you can’t steal from the company and you can assault others. 3) It is not for cause. He didn’t do anything wrong. The company owes him something, either money or notice. What is reasonable? What does employment contract say – likely higher than Employment Standards Act (usually should be higher pay than what Employment Standards Act says), what does Employment Standards Act say (usually very low), and what other cases awarded for the notice pay. The fact that he gets another job in two weeks, it will likely reduce that amount (full amount for two weeks to find job, and difference of pay between new and old job for the notice pay.) If new job pays less, then the company has to pay for the difference of the pay for the notice period. The employee has the legal obligation to mitigate losses and find a new employment. 4) Human Rights Legislation. He has been discriminated against. The Human Rights Code says that the employer has an obligation not to discriminate based on a list of 16 things. If they do discriminate, the employee can sue. If employee asks for an accommodation that regar
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