Textbook Notes (369,035)
Canada (162,359)
York University (12,903)
HRM 3420 (30)

Cases part 2

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Human Resources Management
HRM 3420
Chris Sweeney

Ellison vs Burnaby hospital society y Wrongful dismissal terms of contract of employment y Whether benefit policy introduced almost 20 years after plaintiff employed forward part of contract y Action for damages for wrongful dismissal The 59 year old was employed for almost 25 years y She started as a general duty registered nurse in 1967 and in 1989 was promoted to director of nursing y In 1991 she was dismissed pursuant to an organization of nursing administration by the defendant hospital y The issues were whether a benefit policy introduced in 1988 and limiting the benefits claimed applied to plaintiffy Held action allowed While an employers benefits policy or package can form part of the contract of employmenty The instant policy was only casually given to plaintiff as an informative package rather than as a contractual document y Considering all relevant factors such as plaintiffs age length of employment and value of service reusable period of notice was 22 monthsQ Whether the defendants benefits policy forms part of the contract of employment between plaintiff and the defendant y Benefits policy was introduced 21 years after her employment y Acknowledge that she received a copy but has no recollection of readings it y The defendant submits that a person in plaintiffs position of responsibility mustve been aware of the terms of benefits policy y Points to the fact that plaintiff was aware that certain of her health benefits were set out in this policy y The defendant says that by claiming some of the benefits which are referred to in the benefits policy the plaintiff must be taken to have accepted the entire policy as part of her contracty The benefits policy itself doesnt state that it forms part of the contract of employment between defendant and its managerial y Some case found the court stated that the fact that the employee had continued to work after learning of the policy didnt lead to the conclusion that the employee had accepted the terms of the policy as part of her contractual relationship between them y A benefits package of an employer can form part of the contract of employment if it is clear that the employer and employee intended to do so y The policy was simply given to the plaintiff without any request to read it or any indication that she was relying on it as a form of her employment contract y She glanced at the policy but didnt in any way communicate to defendant that she accepted the statements set out in the policy The language of policy
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