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Week 9 - Chapter 19 - The Employment Relationship.doc

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Administrative Studies
ADMS 2610
William Pomerantz

9.1 Week 9 Chapter 19 The Employment Relationship Dismissal and Wrongful Dismissal Dismissal - dismissal can be with notice or without notice - If without notice dismissal is: - With just cause or; - Without just cause (wrongful dismissal) The boss can fire you any time they want to fire you - They dont need a reason to fire you - When you get fired 2 categories of termination - Just Cause - Without just cause Just Cause - If fired - Fundamental breach of employment contract - the onus on the employer to establish the grounds for termination of an employee without notice - Boss is saying weve done something wrong and that we deserve to get fired - Equal to Employment Death - Not going to get rights - No severance package - No E.I. - Etc. Wrongful Dismissal - the failure of an employer to give reasonable notice of termination Just cause (boss doesnt owe us any package for severance) 9.2 Grounds for Dismissal - incompetence - Grossly negligent in performance of duties - Commits a crime - Absenteeism - Substance abuse - Dishonest and disobedience - Conflicts of interest - Disruption of corporate culture (dont get along with employees) - Off job behaviour that has a negative impact on employer - Etc. Certain situations Progressive Discipline/Dehiring - progressive set of warnings - E.g. First oral warning, then written warning, suspension without pay - Could be a demotion - Boss may have to rehabilitate you - Then Firing could occur If we are late - has to be repetitive after given warnings If you accept bad work and then decide to fire them - Condemnation Without Just Cause - the employer has breached the contract - Entitle to damages - Reasonable notice - compensation for getting fired 1. They say were giving notice that your being let go but we want you to work through your notice period i. Choose 2. Can give severance in leu of notice - some give money instead because you may work negatively if you know that you have al- ready been fired - Maybe somebody might sabotage Severance package - Dont sign the severance package right away because you may be accepting something way below our legal rights When you get terminated for not Just Cause A) Legislation - Employment standards act 9.3 A) Talks about how much we get if we terminated - roughly about a weeks pay for every year up to a maximum 8 weeks - If weve been with a company that has a large payroll of 2.5 million or more - Get more pay after 5 years up to 26 years Termination Legislation - sets out minimum notice period required - Length varies depending on length of service of employee - Minimum requirement of legislation - Common law may require more - Common law rule is one of reasonable notice - Adequacy of reasonableness determined by several factors Going to pay more attention to how long weve been at a company for severance package - also how we were paid (salary/commission) - Level of position - Ability to find Common Law - Factors: - nature of contract - Method of payment - Length of service of employee - Age of employee - Position of employee - Market place - Ability to find similar work - Method of termination of employer Wrongful Dismissal When an employee is dismissed without just cause or without proper notice or pay in lieu of no- tice: - employee may sue for wrongful dismissal - Employee must mitigate their losses - General rule: damages is actual loss between time dismissed and the end of the reasonable notice period 9.4 - Purpose is to place the employee in same position had the employee been given proper notice Wrongful dismissal means: - offered you too little money - What if you got lowbaled? - Don;t sign the package - Get a lawyer - You may sue for the money you deserve - Going to ask for what you deserve and if you are getting benefits you would want to get benefits, as well as a reference letter - Fired you for just cause and wasnt just cause and they should have dismissed you Work at Coke, beenm there for 12 years, hotshot scientist. They fire you, but they fire you without just cause on Friday. Both agree that youll come in and work out the severance package on Monday. Both know what youll get pretty miuch. Sunday Pepsi finds out you've been terminated. Say you were making $100 grand with Coke. Pepsi sign you up for an indef- initely hiring and they hire you to the same type of contract. Going to make 100 grand. On Monday, Go back to coke how much do you think you could get from coke? Probably sever- ance in terms of $100 grand. Get over to coke and they say that they arent going to pay you anything. COKE WILLWIN CASE!You got another job that was worth $100 000 a year. We have mitigated our loss - Can not Sue for hurt feelings/defamation - Punitive Damages - Only awarded for bad faith dismissals - If employers actions were harsh, vindictive, reprehensible or malicious - Done something really wrong to get rid of somebody Guy worked for Honda, had chronic fatigue syndrome. Went on short ytyerm disability and then long term disability. Then it ran out and he had to go back to work. Then he got fdays off and the company got fed up and they told him that he had to go to their doctor. It was a trap lawyer said DONT DO IT!. Got punitive damages, $500 000 on top of those, went to supreme court
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