HRMT70003-CO1 Study Guide - Final Guide: Improper Conduct, United Grain Growers, Wrongful Dismissal
18 Apr 2015
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Document Summary
Brief history of the common law on employee termination: The common law rules on employment termination are rooted in the english law of master and servant, since those were the original employment situations. The common law on dismissal of an employee seems to date from the 1817 [case of spain v. In ontario the common law of dismissal is much older than the statute law on it. The provisions in the employment standards act merely set minimum standards. Common law may increase what is required in a case. Minor misstatements are not considered grounds for termination. Take the case where an applicant unintentionally misstated the length of time that he had worked in a previous job. The court found that the employee"s misinformation was not significant enough to support termination without notice. There are three (3) ways an employer may end their relationship with an employee.
