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Law Lecture – November 12.docx

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Wilfrid Laurier University
Shelley Mc Gill

Law Lecture – November 12, 2013 Employment Law Amending Terms of Employment Contract • The ability of an employer to amend the terms of the employment contract will be impacted by the terms of the contract - Ex. Rogers - We like cause it allows us to get raises • A unilateral substantial change to an important term (I.e. salary, job position...) can result in constructive dismissal • Constructive dismissal‐an employee claims wrongful dismissal based on the unilateral change of the terms of employment which amounts to repudiation of the employment contract - Did employee just quit job or did employer just fire him? Courts side with employee saying that this is not amending clause but instead constructive dismissal. It is ending previous contract and starting a new - CAUSE OF ACTION: WRONGFUL DISMISAL o Firing without providing reasonable notice - Employee has to mitigate damages o Finding another job Terminating an Employee • An employment contract maybe terminated in the following manner: – Expressly ‐ pursuant to the express terms of an employment contract; – If the employment contract is silent any of the following are legal o with working notice (Saying your job is over in January, they would be miserable and reflect that on customers for next two and a half months) o with payment in lieu of notice (Say job is over now but pay them until the end of January, as employer you want to do your best to get them into a new job in the window so they are less likely to sue you) o with cause (I am not paying you a dime, YOU breached our contract, employee is so bad that employer is relieved from their part of the contract, employer is justified in firing employee) – Constructive dismissal – big changes to terms – Put in contract at the beginning at how to terminate an employee o Expressed term in contract Cause Employee Breach of Contract • A variety of circumstances will provide cause for immediate dismissal without notice: - Misconduct - role of the code of conduct o Tim Horton’s employee giving away free timbits o Judgment on value of misconduct - disobedience o Staff meeting tomorrow can you come – you don’t go o Can you call customer back – you don’t - Incompetence o You are not good at your job o Can’t do it properly Three most common Can’t fire you the first time they catch you doing something wrong, they have to warn you that that is inappropriate behavior and tell you what will happen next time you do it. Multiple warnings, final warning will be telling them if it happens again they will be fired Yearly reports on people- performance review. Say good things about employee – what they are good at and also say areas they could improve on. Like school report card. Bad could be don’t work so much overtime Not good enough to just say you are incompetent at something, you have to build a plan to fix it and monitor the plan – employee can’t add, send them to adding school - Illness (human rights issues) o If you are sick more than normal o Can not do the job – either physically not present enough or can’t complete the task  Sick 210 days of the year o NOT disability – can do job if I am accommodated  If you cant do same job anymore with disability they can fire you • They normally have disability coverage though so they are paying person with disability but still hire new person to do job • Warning process and documentation are ne
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