LAW 529 Study Guide - Final Guide: Canada Labour Code, Wrongful Dismissal, Flowchart
7 Nov 2017
School
Department
Course
Professor
Document Summary
Ee is guilty of willful misconduct, disobedience, or willful neglect of duty (-> not the same as common law rules on just cause and proportionality test) An employee"s statutory obligation to provide notice of termination. The interrelationship between statutory and contractual notice of. The statutory notice of termination requirement operates alongside the contractual requirement to provide notice of termination. Ee cannot file a claim with the mol against er for failure to provide termination or severance pay under the esa and sue for wrongful dismissal damages under common law. Ee must withdraw the statutory claim within 2 weeks of filing the claim. If not, an action for wrongful dismissal is barred. Section 64(1) of the ontario esa restricts severance pay to employers who meet one of the following 2 conditions: The employer has a payroll of . 5 million or more. Only ee with at least 5 years service are eligible.
