BU231 Lecture Notes - Wrongful Dismissal, Tim Hortons, Dime (United States Coin)
Document Summary
The ability of an employer to amend the terms of the employment contract will be impacted by the terms of the contract. 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. 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: firing without providing reasonable notice. Employee has to mitigate damages: 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; Constructive dismissal big changes to terms. Put in contract at the beginning at how to terminate an employee: expressed term in contract.
