Class Notes (839,315)
Canada (511,260)
York University (35,583)
HRM 3420 (92)
Lecture

assignment5.docx

3 Pages
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Department
Human Resources Management
Course Code
HRM 3420
Professor
Chris Sweeney

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Description
Dipika Kapoor 209074683 One way in which an Employment Contract can come to an end is by the Employee Quitting (or Resigning). 1) Identify and Describe 5 other ways in which an Employment Contract can come to an end. a. Term or Task Employee: when the task or the term agreed on in the contract comes to an end or does not materialize for reasons such as, lack of funding, change in strategy. b. Frustration of contract: when a contract is made impossible to perform- by unforeseeable events or circumstances. For example, where a fire or flood destroys the workplace and an employer can no longer provide a job. c. Retirement: Although public and most private pension plans are based on a retirement age of 65, there has never been legislation requiring employees to retire at age 65 in Canada. In effect, as long as the employer has a clear, consistently enforced, and properly communicated mandatory retirement policy, it could require an employee to retire at age 65 or earlier and that would end their contract. d. Breach of Contract: when one party does intentionally not honor a contract, it is called a breach of contract and is grounds for contract termination. A breach of contract may exist because one party failed to meet his obligations at all or did not meet his obligations fully. e. Impossibility of Performance: A contract typically requires one or more parties to do something, which is called performance. If for some reason it is impossible for an employee to fulfill his duties, it is called impossibility of performance. The company has the right to terminate the contract in the case of an impossibility of performance 2) Does the Employee who is resigning have any responsibilities to the Employer? If there are any cases to support your answer, please refer to them. An employee who gives an employer notice of resignation is not legally entitled to wrongful dismissal damages. In that case, the only amounts owing to the employee are outstanding wages and vacation pay. There is no legislated requirement that an employee provide advance notice of resignation except in special circumstances. However, under common law, just as an employer has an implied obligation to provide reasonable notice of termination or pay lieu, the employee has a reciprocal obligation to provide reasonable notice of resignation. In the Tree Savers International Ltd. V Savoy, for example, two employees who left their employer on only two weeks notice to set up a competing business we held liable for failing to provide reasonable notice of resignation. 3) What benefit is it to the Employer if an Employee Quits rather than being Terminated? An employee who gives an employer notice of resignation is not legally entitled to wrongful dismissal damages. When you resign from your job Dipika Kapoor 209074683 you may not be eligible for unemployment benefits. In most cases,
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