HRM 3420 Study Guide - Final Guide: Linamar, Bc Tel, Philippine Airlines

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An employer does not need just cause to dismiss a non-unionized employee. Provided that dismissal doesn"t infringe a statute, an employer may dismiss such an employee as long as the employer provides notice of dismissal or payment in lieu of notice. Serious misconduct = just cause , then no reasonable notice of termination is required. Downsizing/economic reasons just cause , the reasonable notice or pay in lieu is required. Sometimes an employment contract might come to an end without notice as a result of unforeseeable consequences (floods, fires, explosions or if employee goes to jail or loses necessary license to perform the job) The situation is however problematic when an employer alleges frustration of contract because of an employee"s prolonged illness. Under ontario human rights code, the employer must accommodate a disabled employee unless it creates an undue hardship. Example of contract being frustrated because of employee"s physical. Facts: demuynck work for the employer as a clerk for 18 years.

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