ADM 3334 Chapter Notes - Chapter 1: Collective Agreement, Constructive Dismissal, Nonunion
9 Jul 2014
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Identical for all employees in the same job class covered by the collective agreement. Dismissal where no cause or employee misconduct is alleged: Employer has obligation to give reasonable notice based on age, length of service, and position held; subject to minimum provisions in employment standards legislation. Employer must comply with notice and severance provisions of the collective agreement; subject to minimum provisions in employment standards legislation. Dismissal where cause or employee misconduct is alleged: If employer establishes just cause, reasonable notice does not have to be provided. If employer fails to establish just cause, employer must provide reasonable notice but does not have to reinstate. If employer establishes just cause, notice and severance provisions of collective agreement do not apply. If employer fails to establish just cause, reinstatement is possible. Law regarding constructive dismissal prevents significant changes without consent. Grievance and arbitration process provided in collective agreement.
