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ADMS 2610 Lecture Notes - Texas Education Agency Accountability Ratings System, High Standard Manufacturing Company, Debit Card

Administrative Studies
Course Code
ADMS 2610
William Pomerantz

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Week 9
Chapter 19
The Employment Relationship
Dismissal and Wrongful 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 don’t 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 we’ve 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 doesn’t owe us any package for severance)

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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 (don’t 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
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
- Don’t 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

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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 we’ve 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
- 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 we’ve 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-
- 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
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