Ch 21 Terminating the Employment Relationship.docx

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Management and Organizational Studies
Course Code
Management and Organizational Studies 2275A/B
Frederick King

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Terminating the Employment Relationship 12/11/2012 1:05:00 PM Chapter 21 Ending the Relationship  An employee can resign to pursue other interests, retire or leave at the end of a fixed term employment contract  Can also come to an end through less pleasant means o Dismissed or fired o Notice of termination  It is an implied term that an employer may terminate the employment relationship without any notice if there is just cause or reasonable notice is given o If notice is given, the employer doesn’t need a reason Dismissal for Just Cause  Just cause – employee conduct that amounts to a fundamental breach of the employment contract o When the employee is guilty of one or more of the following:  Serious misconduct  Intentional, harmful conduct of the employee that permits the employer to dismiss without notice  Progressive discipline – a system that follows a sequence of employee discipline from less to more severe punishment  Warnings may be written or oral but must be clear to the employee  Condonation – employer behaviour that indicates to the employee that misconduct is being overlooked, they are aware of the bad behaviour  Habitual neglect of duty  Persistent failure to perform employment duties  Chronic absenteeism and lateness  Incompetence  Lack of ability, knowledge or qualification to perform employment obligations  Conduct incompatible with duties or prejudicial to the employer’s business  Personal behaviour that is irreconcilable with employment duties or prejudicial to the employers business  Willful disobedience in a matter of substance  Deliberate failure to carry out lawful and reasonable orders o Non-cause and near cause  In the absence of just cause, the employer who wishes to terminate an employee is required to give notice or pay in lieu of notice  Reasonable notice – a period of time for an employee to find alternative employment prior to dismissal Dismissal with Notice  An employee who has been hired for an indefinite period of time can be terminated at any time without cause as long as notice is given  Termination of a fixed term contract prior to its expir
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