Podcast
Questions and Answers
Employment standards legislation establishes what level of employee protection?
Employment standards legislation establishes what level of employee protection?
- An intermediate level
- The highest level
- A basic level (correct)
- An advanced level
Under employment standards legislation, what are employees entitled to receive upon termination?
Under employment standards legislation, what are employees entitled to receive upon termination?
- Reasonable severance package
- Either notice of termination or termination pay (correct)
- Both notice of termination and termination pay
- Only termination pay
What must an employer prove for a dismissal to occur on a without-cause basis?
What must an employer prove for a dismissal to occur on a without-cause basis?
- The employee's position was redundant.
- The employee fundamentally breached the employment contract. (correct)
- The employee was underperforming.
- The employee was not a good fit for the company.
What happens if an employment contract is silent about notice of termination?
What happens if an employment contract is silent about notice of termination?
In addition to statutory notice requirements, what else may the common law impose on employers?
In addition to statutory notice requirements, what else may the common law impose on employers?
According to the content, what is the first place to look for notice requirements?
According to the content, what is the first place to look for notice requirements?
What is the purpose of providing termination notice when an employer does not have just cause?
What is the purpose of providing termination notice when an employer does not have just cause?
According to the content, what do courts consider when determining the length of the notice period?
According to the content, what do courts consider when determining the length of the notice period?
According to the content, how do statutory termination requirements compare to common law obligations?
According to the content, how do statutory termination requirements compare to common law obligations?
What might an employee who feels they did not receive an acceptable separation package do?
What might an employee who feels they did not receive an acceptable separation package do?
For an entry-level employee laid off after two years of service, what is their entitlement to termination notice?
For an entry-level employee laid off after two years of service, what is their entitlement to termination notice?
According to the content, why might an employee file a claim in small claims court?
According to the content, why might an employee file a claim in small claims court?
For employers in Alberta, what does section 56 of the ESC require?
For employers in Alberta, what does section 56 of the ESC require?
The length of the notice period in Alberta depends partly on:
The length of the notice period in Alberta depends partly on:
In British Columbia, under section 63 of the ESA, what is required when an employer terminates an employee?
In British Columbia, under section 63 of the ESA, what is required when an employer terminates an employee?
According to the content, what are the options for an employer when dismissing an employee?
According to the content, what are the options for an employer when dismissing an employee?
What is 'working notice'?
What is 'working notice'?
In Alberta, are employees required to give notice when they quit?
In Alberta, are employees required to give notice when they quit?
In Alberta, how much written notice must an employee provide if employed for more than two years?
In Alberta, how much written notice must an employee provide if employed for more than two years?
According to the content, what is an exception to employees providing written notice of termination?
According to the content, what is an exception to employees providing written notice of termination?
In Alberta, can an employer expedite the termination if an employee provides sufficient notice?
In Alberta, can an employer expedite the termination if an employee provides sufficient notice?
What can an employer not do after giving notice of termination?
What can an employer not do after giving notice of termination?
What is a temporary layoff?
What is a temporary layoff?
In Alberta, what happens if a layoff lasts 90 days or longer within a 120-day period concerning termination pay?
In Alberta, what happens if a layoff lasts 90 days or longer within a 120-day period concerning termination pay?
According to Alberta's ESC, what is required when calculating termination notice for employees under a collective agreement?
According to Alberta's ESC, what is required when calculating termination notice for employees under a collective agreement?
In BC, how long may a layoff last without being considered a termination?
In BC, how long may a layoff last without being considered a termination?
According to the source, which of these scenarios will cause an employee to be deemed to still be continuously employed?
According to the source, which of these scenarios will cause an employee to be deemed to still be continuously employed?
What kind of gap will invalidate continuous employment in Alberta?
What kind of gap will invalidate continuous employment in Alberta?
According to the source, what is required for termination notice in BC under section 64 of the ESA regarding group terminations?
According to the source, what is required for termination notice in BC under section 64 of the ESA regarding group terminations?
When is employment considered terminated?
When is employment considered terminated?
In Alberta, what is the minimum notice period for employer-initiated terminations if someone has worked three months or less?
In Alberta, what is the minimum notice period for employer-initiated terminations if someone has worked three months or less?
In BC, should an employer give working notice to an employee rather than pay CLOS?
In BC, should an employer give working notice to an employee rather than pay CLOS?
Who bears the onus of proof if an employer alleges that an employee improperly mitigated damages?
Who bears the onus of proof if an employer alleges that an employee improperly mitigated damages?
What is ‘Frustration of Contract’?
What is ‘Frustration of Contract’?
Under which of these exceptions is an employer not required to give termination notice or pay?
Under which of these exceptions is an employer not required to give termination notice or pay?
In Alberta, what period is considered a 'reasonable time' for employees to return to work from a temporary layoff to be entitled to statutory notice of termination?
In Alberta, what period is considered a 'reasonable time' for employees to return to work from a temporary layoff to be entitled to statutory notice of termination?
If an employee refuses reasonable alternative work, are employers required to offer notice?
If an employee refuses reasonable alternative work, are employers required to offer notice?
What is the minimum an employee is entitled to receive upon termination, according to employment standards legislation?
What is the minimum an employee is entitled to receive upon termination, according to employment standards legislation?
In the absence of a specific clause in an employment contract, what is an employer's duty regarding termination notice?
In the absence of a specific clause in an employment contract, what is an employer's duty regarding termination notice?
According to the content, what is 'reasonable' notice based on?
According to the content, what is 'reasonable' notice based on?
In Alberta, statutory requirements relating to termination notice are covered under which sections of the ESC?
In Alberta, statutory requirements relating to termination notice are covered under which sections of the ESC?
What factor determines the length of the notice period in Alberta, according to the ESC?
What factor determines the length of the notice period in Alberta, according to the ESC?
In BC, what is the alternative to paying compensation for length of service (CLOS) upon termination?
In BC, what is the alternative to paying compensation for length of service (CLOS) upon termination?
In both Alberta and BC, statutory requirements regarding termination are triggered when...
In both Alberta and BC, statutory requirements regarding termination are triggered when...
A temporary layoff is best described by what?
A temporary layoff is best described by what?
What is the result of a gap greater than three months in Alberta?
What is the result of a gap greater than three months in Alberta?
If an employee terminates their employment, how must they provide official notice?
If an employee terminates their employment, how must they provide official notice?
What is a key difference between statutory minimum notice and common law reasonable notice?
What is a key difference between statutory minimum notice and common law reasonable notice?
Why might an employer choose to offer a separation package?
Why might an employer choose to offer a separation package?
In Alberta, if an employee provides more than the minimum required termination notice, what is the employer required to do if they wish to end the employment sooner?
In Alberta, if an employee provides more than the minimum required termination notice, what is the employer required to do if they wish to end the employment sooner?
How does BC's Employment Standards Act (ESA) treat temporary layoffs differently than Alberta's Employment Standards Code (ESC)?
How does BC's Employment Standards Act (ESA) treat temporary layoffs differently than Alberta's Employment Standards Code (ESC)?
How is continuity of employment determined when a business is sold in Alberta and British Columbia?
How is continuity of employment determined when a business is sold in Alberta and British Columbia?
What is the primary difference between 'compensation for length of service' (CLOS) in British Columbia and statutory minimum notice in Alberta?
What is the primary difference between 'compensation for length of service' (CLOS) in British Columbia and statutory minimum notice in Alberta?
If an employer in British Columbia terminates 60 employees at a single location within a 2-month period, how much notice or termination pay is required under the ESA?
If an employer in British Columbia terminates 60 employees at a single location within a 2-month period, how much notice or termination pay is required under the ESA?
Which of the following is required of an employer providing working notice in Alberta?
Which of the following is required of an employer providing working notice in Alberta?
According to the Supreme Court in Honda Canada Inc v Keays, what is the proper way to award damages for bad faith conduct in dismissal?
According to the Supreme Court in Honda Canada Inc v Keays, what is the proper way to award damages for bad faith conduct in dismissal?
In what kind of situation is an employer generally NOT required to provide termination notice or pay in lieu?
In what kind of situation is an employer generally NOT required to provide termination notice or pay in lieu?
When may an employer unilaterally change significant terms in the conditions of employment?
When may an employer unilaterally change significant terms in the conditions of employment?
What duty does an employee have if they have been wrongfully dismissed?
What duty does an employee have if they have been wrongfully dismissed?
After being given notice, what is no longer allowed?
After being given notice, what is no longer allowed?
What usually factors into the length of a reasonable notice period?
What usually factors into the length of a reasonable notice period?
When should an employer seek legal advice?
When should an employer seek legal advice?
What can be included in the determination of a good faith analysis?
What can be included in the determination of a good faith analysis?
Who should a potential employer contact for a reference?
Who should a potential employer contact for a reference?
What should a written termination confirmation include?
What should a written termination confirmation include?
Why is it important to handle terminations professionally?
Why is it important to handle terminations professionally?
What can prevent a previously agreed to contract from becoming 'frustrated'?
What can prevent a previously agreed to contract from becoming 'frustrated'?
What is constructive dismissal?
What is constructive dismissal?
When should an employee start to seek employment after being terminated without reasonable notice?
When should an employee start to seek employment after being terminated without reasonable notice?
Why might an employer attempt a temporary layoff?
Why might an employer attempt a temporary layoff?
Under what circumstances was a return to a previous workplace NOT considered reasonable?
Under what circumstances was a return to a previous workplace NOT considered reasonable?
Which of these statements accurately reflects the communication surrounding a group termination?
Which of these statements accurately reflects the communication surrounding a group termination?
What does the duty to mitigate involve when it comes to wrongfully dismissed employees?
What does the duty to mitigate involve when it comes to wrongfully dismissed employees?
If there is no express agreement made, what are employees entitled to?
If there is no express agreement made, what are employees entitled to?
According to the Supreme Court of Canada, how should moral damages (formerly Wallace damages) be determined?
According to the Supreme Court of Canada, how should moral damages (formerly Wallace damages) be determined?
What makes a claim of CONSTRUCTIVE dismissal different?
What makes a claim of CONSTRUCTIVE dismissal different?
Aside from salary, what else are wrongfully dismissed employees entitled to?
Aside from salary, what else are wrongfully dismissed employees entitled to?
When can an employer change an employee's job?
When can an employer change an employee's job?
According to the Employment Standards Code in Alberta, to whom must terminations be reported?
According to the Employment Standards Code in Alberta, to whom must terminations be reported?
As pertaining to the awarding of punitive damages in bad faith, what is the court always requiring?
As pertaining to the awarding of punitive damages in bad faith, what is the court always requiring?
How many aspects of the wrongful dismissal damages did the decision of Honda Canada vs. Kears define?
How many aspects of the wrongful dismissal damages did the decision of Honda Canada vs. Kears define?
How long must an employer wait before considering severance of an employment based on frustration caused by an employee's absence?
How long must an employer wait before considering severance of an employment based on frustration caused by an employee's absence?
What factors will a court consider when there is potential for a potential job that involves relocation?
What factors will a court consider when there is potential for a potential job that involves relocation?
What is a paper trail, and why is it important?
What is a paper trail, and why is it important?
If an employer lacks just cause for termination, what is the primary reason for providing termination notice?
If an employer lacks just cause for termination, what is the primary reason for providing termination notice?
In Alberta, if an employee gives advance notice of resignation exceeding the minimum statutory requirement but less than what the employer would be required to provide, what is the employer obligated to do if they wish to terminate the employment sooner?
In Alberta, if an employee gives advance notice of resignation exceeding the minimum statutory requirement but less than what the employer would be required to provide, what is the employer obligated to do if they wish to terminate the employment sooner?
Under what condition can an employer in BC temporarily lay off an employee?
Under what condition can an employer in BC temporarily lay off an employee?
In the context of employment law, what does 'without prejudice' signify?
In the context of employment law, what does 'without prejudice' signify?
What is a key factor considered when determining if a change in job duties constitutes constructive dismissal?
What is a key factor considered when determining if a change in job duties constitutes constructive dismissal?
According to the content, what is the best course of action if an employer is considering dismissing an employee for alleged misconduct?
According to the content, what is the best course of action if an employer is considering dismissing an employee for alleged misconduct?
In cases of mass termination, what additional information must the notice include, according to the content?
In cases of mass termination, what additional information must the notice include, according to the content?
What is an important measure to take to handle terminations professionally?
What is an important measure to take to handle terminations professionally?
What factor must be considered when assessing moral damages?
What factor must be considered when assessing moral damages?
In the context of termination, what does the duty to mitigate require of a wrongfully dismissed employee?
In the context of termination, what does the duty to mitigate require of a wrongfully dismissed employee?
What critical factor distinguishes CLOS from payment in lieu of notice under common law?
What critical factor distinguishes CLOS from payment in lieu of notice under common law?
Temporary layoffs in BC are permissible ONLY under which of the following circumstances?
Temporary layoffs in BC are permissible ONLY under which of the following circumstances?
In the context of termination without cause, what is implied by 'without prejudice'?
In the context of termination without cause, what is implied by 'without prejudice'?
How will a court behave when it has found evidence suggesting a wrongfully dismissed employee DID NOT sufficiently attempt to secure a new job?
How will a court behave when it has found evidence suggesting a wrongfully dismissed employee DID NOT sufficiently attempt to secure a new job?
In Alberta, what course of action should an employer take when faced with an employee giving a longer-than-legally-required notice of termination?
In Alberta, what course of action should an employer take when faced with an employee giving a longer-than-legally-required notice of termination?
In the context of awarding damages stemming from Wallace damages, how did the Supreme Court rule in Honda Canada Inc v Keays?
In the context of awarding damages stemming from Wallace damages, how did the Supreme Court rule in Honda Canada Inc v Keays?
In British Columbia, how do mass termination rules interact with the basic CLOS entitlements?
In British Columbia, how do mass termination rules interact with the basic CLOS entitlements?
As it concerns a release, what measure can an employer take so that they can improve the likelihood a court will enforce a release?
As it concerns a release, what measure can an employer take so that they can improve the likelihood a court will enforce a release?
Which statement accurately reflects current legal standards for employers considering employee disability and contract frustration?
Which statement accurately reflects current legal standards for employers considering employee disability and contract frustration?
What factor determines whether a proposed change in job duties constitutes constructive dismissal?
What factor determines whether a proposed change in job duties constitutes constructive dismissal?
How can an employer MITIGATE the risk of liability when contemplating a dismissal based on severe employee misconduct?
How can an employer MITIGATE the risk of liability when contemplating a dismissal based on severe employee misconduct?
In the context of providing employee references, under what scenario could a company potentially be liable?
In the context of providing employee references, under what scenario could a company potentially be liable?
What considerations does The Supreme Court provide to guide assessing whether awarding punitive damages is appropriate in a case of bad-faith dismissal?
What considerations does The Supreme Court provide to guide assessing whether awarding punitive damages is appropriate in a case of bad-faith dismissal?
In British Columbia, how might an employer strategically mitigate mass termination liabilities through layoff scheduling?
In British Columbia, how might an employer strategically mitigate mass termination liabilities through layoff scheduling?
What circumstances must be present when offering potential alternative work after termination so that you do not have to offer severance?
What circumstances must be present when offering potential alternative work after termination so that you do not have to offer severance?
When will temporary layoffs be recognized in British Columbia?
When will temporary layoffs be recognized in British Columbia?
What factors will a court consider when determining 'reasonable notice' and there is a potential move with the proposed position?
What factors will a court consider when determining 'reasonable notice' and there is a potential move with the proposed position?
According to law established by the Supreme Court, what kind of situation will determine whether an employer is required to provide reasonable notice?
According to law established by the Supreme Court, what kind of situation will determine whether an employer is required to provide reasonable notice?
In British Columbia law, what are employers obligated to pay when they are unable to return union workers 'back to work'?
In British Columbia law, what are employers obligated to pay when they are unable to return union workers 'back to work'?
Which of the following is a true statement if allegations of severe misconduct are put forth?
Which of the following is a true statement if allegations of severe misconduct are put forth?
What would be an accurate description about providing a letter of reference after termination of an employee?
What would be an accurate description about providing a letter of reference after termination of an employee?
What may constitute an example of 'bad faith' that does not support an employer that makes allegations without strong facts?
What may constitute an example of 'bad faith' that does not support an employer that makes allegations without strong facts?
How can you undermine your business if you do not handle your business with professionalism?
How can you undermine your business if you do not handle your business with professionalism?
As it pertains to changes in employment terms, is offering the chance to continue employment sufficient enough to avoid constructive dismissal?
As it pertains to changes in employment terms, is offering the chance to continue employment sufficient enough to avoid constructive dismissal?
Which option provides the MOST accurate course of action in the case of pending litigation?
Which option provides the MOST accurate course of action in the case of pending litigation?
Outside of the ability to provide support, what will help the prospective employee by involving outplacement counseling?
Outside of the ability to provide support, what will help the prospective employee by involving outplacement counseling?
For an employee who is pregnant at the time of termination, how do the courts handle the Bardal determination?
For an employee who is pregnant at the time of termination, how do the courts handle the Bardal determination?
Who is responsible to prove reasonable steps were not taken?
Who is responsible to prove reasonable steps were not taken?
In a bad faith analysis for punitive damages, which factor should you always consider?
In a bad faith analysis for punitive damages, which factor should you always consider?
In summary judgment applications for claims involving reasonable notice, what circumstances justify the decision for a judgment?
In summary judgment applications for claims involving reasonable notice, what circumstances justify the decision for a judgment?
How can punitive damages be awarded in a legal setting?
How can punitive damages be awarded in a legal setting?
Aside from other factors, what could help form the basis for potential constructive dismissal?
Aside from other factors, what could help form the basis for potential constructive dismissal?
In a situation as it pertains to a layoff, what requires both the employer and prior employee to repay and/or refund?
In a situation as it pertains to a layoff, what requires both the employer and prior employee to repay and/or refund?
As it pertains to dismissals, is setting out to actively undermine a terminated employee a way to lower the amount of potential damages?
As it pertains to dismissals, is setting out to actively undermine a terminated employee a way to lower the amount of potential damages?
You manage a seasonal skating rink that operates from Nov-Mar each year. Are you obligated to notice for employees at the end of the season?
You manage a seasonal skating rink that operates from Nov-Mar each year. Are you obligated to notice for employees at the end of the season?
What is the role of 'bumping rights' in the concept of termination?
What is the role of 'bumping rights' in the concept of termination?
What is 'the duty to mitigate?
What is 'the duty to mitigate?
Under what circumstances might a 'without prejudice' payment be made to an employee, despite not being required?
Under what circumstances might a 'without prejudice' payment be made to an employee, despite not being required?
What key factor distinguishes between the calculation of damages for wrongful dismissal concerning salary when contrasting overtime pay versus stock options?
What key factor distinguishes between the calculation of damages for wrongful dismissal concerning salary when contrasting overtime pay versus stock options?
How did the Supreme Court of Canada modify the approach to awarding damages for bad faith conduct in dismissal, particularly concerning the extension of the notice period?
How did the Supreme Court of Canada modify the approach to awarding damages for bad faith conduct in dismissal, particularly concerning the extension of the notice period?
In the context of a wrongful dismissal suit concerning a long-term employee, what is the significance of proving a continuous campaign to marginalize the employee?
In the context of a wrongful dismissal suit concerning a long-term employee, what is the significance of proving a continuous campaign to marginalize the employee?
In what fundamental way does the compensation for length of service (CLOS) provision in British Columbia differ from severance pay requirements mandated by common law regarding wrongful dismissal?
In what fundamental way does the compensation for length of service (CLOS) provision in British Columbia differ from severance pay requirements mandated by common law regarding wrongful dismissal?
What critical consideration must an employer undertake when contemplating the termination of an employee who is currently on disability leave?
What critical consideration must an employer undertake when contemplating the termination of an employee who is currently on disability leave?
To what extent would damages awarded to an employee be influenced in the event they were fired from a job that required relocation, if it were found their spouse was also employed in the area?
To what extent would damages awarded to an employee be influenced in the event they were fired from a job that required relocation, if it were found their spouse was also employed in the area?
What represents the circumstances under which there typically will be additional legal ramifications found for an employer if they are found to have made unsubstantiated or misrepresented claims leading up to the dismissal of an employee?
What represents the circumstances under which there typically will be additional legal ramifications found for an employer if they are found to have made unsubstantiated or misrepresented claims leading up to the dismissal of an employee?
If a new employer offers an employee a role previously held by their prior employer, what factors are analyzed when considering damages for the dismissed position?
If a new employer offers an employee a role previously held by their prior employer, what factors are analyzed when considering damages for the dismissed position?
In managing mass termination in British Columbia, what actions provide cause for an employer to reduce its legal obligations when initiating layoffs?
In managing mass termination in British Columbia, what actions provide cause for an employer to reduce its legal obligations when initiating layoffs?
What advanced legal principle dictates the extent to which an employer must accommodate an employee's known vulnerabilities, absent explicit contractual stipulations or statutory mandates?
What advanced legal principle dictates the extent to which an employer must accommodate an employee's known vulnerabilities, absent explicit contractual stipulations or statutory mandates?
Under what specific circumstances does the common law doctrine of 'inducement' most significantly influence the determination of reasonable notice for a dismissed employee?
Under what specific circumstances does the common law doctrine of 'inducement' most significantly influence the determination of reasonable notice for a dismissed employee?
In scenarios of mass termination under British Columbia's Employment Standards Act (ESA), how might an employer strategically manipulate layoff timing to legally circumvent or minimize obligations related to group termination notice?
In scenarios of mass termination under British Columbia's Employment Standards Act (ESA), how might an employer strategically manipulate layoff timing to legally circumvent or minimize obligations related to group termination notice?
What critical factor distinguishes 'compensation for length of service' (CLOS) in British Columbia from the concept of 'payment in lieu of reasonable notice' under common law principles of wrongful dismissal?
What critical factor distinguishes 'compensation for length of service' (CLOS) in British Columbia from the concept of 'payment in lieu of reasonable notice' under common law principles of wrongful dismissal?
In situations involving allegations of severe misconduct justifying dismissal, which advanced due diligence measure most effectively safeguards employers against wrongful dismissal claims?
In situations involving allegations of severe misconduct justifying dismissal, which advanced due diligence measure most effectively safeguards employers against wrongful dismissal claims?
Articulate the implications of Honda Canada Inc v Keays on computing 'moral damages’. and outline how this case redefined their quantifications in wrongful dismissal cases?
Articulate the implications of Honda Canada Inc v Keays on computing 'moral damages’. and outline how this case redefined their quantifications in wrongful dismissal cases?
Given the precedent established by Canadian courts concerning employee disability and contract frustration, what advanced procedural step should employers diligently undertake when contemplating dismissal?
Given the precedent established by Canadian courts concerning employee disability and contract frustration, what advanced procedural step should employers diligently undertake when contemplating dismissal?
What legal parameter will the court consider in the assessment of damages for wrongful dismissal if relocation was required for the job and the employee's spouse is also employed?
What legal parameter will the court consider in the assessment of damages for wrongful dismissal if relocation was required for the job and the employee's spouse is also employed?
If an employer extends an offer of alternative employment post-termination to a previously terminated employee, under what specific conditions does this alter the obligation for severance?
If an employer extends an offer of alternative employment post-termination to a previously terminated employee, under what specific conditions does this alter the obligation for severance?
Under what circumstances does an employer's act of making misrepresentations leading to the dismissal of an employee lead to additional ramifications?
Under what circumstances does an employer's act of making misrepresentations leading to the dismissal of an employee lead to additional ramifications?
In Alberta Law, what happens if an employee provides advanced notice greater than the stated minimum, yet less than what the company must provide, and the organization ends employment sooner?
In Alberta Law, what happens if an employee provides advanced notice greater than the stated minimum, yet less than what the company must provide, and the organization ends employment sooner?
In instances of mass layoffs, identify the supplemental pieces of information - above what would be included during singular layoffs - that are needed.
In instances of mass layoffs, identify the supplemental pieces of information - above what would be included during singular layoffs - that are needed.
As referred to in the Supreme Court, which actions merit damages above what is set out on the employment contract?
As referred to in the Supreme Court, which actions merit damages above what is set out on the employment contract?
Which option BEST identifies a company's need to contact legal representatives?
Which option BEST identifies a company's need to contact legal representatives?
Below is a listing of things that has to get handled with care, which item is LEAST needed?
Below is a listing of things that has to get handled with care, which item is LEAST needed?
What precise issue is critical once attempting to avoid ‘Wrongful Dismissal Claims’?
What precise issue is critical once attempting to avoid ‘Wrongful Dismissal Claims’?
Which action, if taken, would run counter to that of ‘Constructive Dismissal’?
Which action, if taken, would run counter to that of ‘Constructive Dismissal’?
While providing documentation or confirmation of any dismissal or termination, which item should be enclosed?
While providing documentation or confirmation of any dismissal or termination, which item should be enclosed?
If previous actions are set out that build up a case for thought of a resignation thanks to being designed to fail, what's this potential for?
If previous actions are set out that build up a case for thought of a resignation thanks to being designed to fail, what's this potential for?
Of the subsequent things listed, what is of primary importance after any call to supply a reference checks'?
Of the subsequent things listed, what is of primary importance after any call to supply a reference checks'?
Which issue associated with a change in employment agreements holds influence whether a worker quits, resulting in what's deemed a resignation?
Which issue associated with a change in employment agreements holds influence whether a worker quits, resulting in what's deemed a resignation?
With respect to things listed among ‘Punitive Damages’, what quantity of thought does that call for?
With respect to things listed among ‘Punitive Damages’, what quantity of thought does that call for?
In the context of temporary layoffs, what critical legal distinction differentiates Alberta's Employment Standards Code (ESC) from British Columbia's Employment Standards Act (ESA)?
In the context of temporary layoffs, what critical legal distinction differentiates Alberta's Employment Standards Code (ESC) from British Columbia's Employment Standards Act (ESA)?
What advanced legal parameter will a court consider in the assessment of damages for wrongful dismissal where relocation was required for their job, if the employee's spouse is also employed?
What advanced legal parameter will a court consider in the assessment of damages for wrongful dismissal where relocation was required for their job, if the employee's spouse is also employed?
Considering the precedent established by Canadian courts concerning employee disability and contract frustration, what advanced procedural step should employers diligently undertake when contemplating dismissal based on alleged contract frustration?
Considering the precedent established by Canadian courts concerning employee disability and contract frustration, what advanced procedural step should employers diligently undertake when contemplating dismissal based on alleged contract frustration?
What aspect of Honda Canada Inc v Keays most fundamentally altered the determination of moral (formerly Wallace) damages in wrongful dismissal cases?
What aspect of Honda Canada Inc v Keays most fundamentally altered the determination of moral (formerly Wallace) damages in wrongful dismissal cases?
How would a court behave when it has found evidence suggesting a wrongfully dismissed employee DID NOT sufficiently attempt to secure a new job (in regards to mitigation)?
How would a court behave when it has found evidence suggesting a wrongfully dismissed employee DID NOT sufficiently attempt to secure a new job (in regards to mitigation)?
Flashcards
Separation Package
Separation Package
Pay and benefits paid by an employer to a dismissed employee
Statutory Notice
Statutory Notice
Minimum amount of notice or termination pay required by law
Implied Duty
Implied Duty
Employer's duty to provide reasonable notice or pay in lieu of notice under common law
Temporary Layoff
Temporary Layoff
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Temporary Layoff (BC)
Temporary Layoff (BC)
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Continuity of Employment
Continuity of Employment
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Working Notice
Working Notice
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Reasonable Notice Damages
Reasonable Notice Damages
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Aggravated damages
Aggravated damages
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Punitive damages
Punitive damages
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Wrongful dismissal
Wrongful dismissal
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Duty to Mitigate
Duty to Mitigate
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Constructive dismissal
Constructive dismissal
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Without Prejudice
Without Prejudice
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Frustration of Contract
Frustration of Contract
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Communicating Termination Notice
Communicating Termination Notice
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Temporary layoff defined
Temporary layoff defined
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Alberta's notice period
Alberta's notice period
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Alberta's statute requirement
Alberta's statute requirement
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Employee provides notice
Employee provides notice
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Termination occurs when
Termination occurs when
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Factors affecting notice period
Factors affecting notice period
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When are punitive damages given?
When are punitive damages given?
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Exceptions termination requirements
Exceptions termination requirements
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Regarding return after recall
Regarding return after recall
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Strike
Strike
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Lockout
Lockout
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Two-year legal action limit
Two-year legal action limit
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Regarding the term damages
Regarding the term damages
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What is the act of making it an argument when terminating someone?
What is the act of making it an argument when terminating someone?
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How long is it okay to work before being terminated?
How long is it okay to work before being terminated?
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Is the employee able to leave?
Is the employee able to leave?
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Termination and contracts
Termination and contracts
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Terminations requirements
Terminations requirements
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How is the release used
How is the release used
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What does legal advice do?
What does legal advice do?
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Frustration of contract defined
Frustration of contract defined
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Alberta's notice period ranges
Alberta's notice period ranges
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The employee's duty defined
The employee's duty defined
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Regarding employee terminations and no notice.
Regarding employee terminations and no notice.
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Termination of contract due to misconduct
Termination of contract due to misconduct
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Alternative work
Alternative work
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What causes the breach in a termination?
What causes the breach in a termination?
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To help and mitigate any situation.
To help and mitigate any situation.
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Statutory requirements
Statutory requirements
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Provide a signed release
Provide a signed release
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Give a job references.
Give a job references.
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Regarding what an company agrees to for payments for contracts.
Regarding what an company agrees to for payments for contracts.
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Factors termination must deal with and face with.
Factors termination must deal with and face with.
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Agreement.
Agreement.
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If there is a release.
If there is a release.
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When is a layoff a termination?
When is a layoff a termination?
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When can you use small claims court?
When can you use small claims court?
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Initial Severance Offer
Initial Severance Offer
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Employer Choices in Termination
Employer Choices in Termination
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Temporary layoff benefits
Temporary layoff benefits
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Reducing Mass Termination Notice
Reducing Mass Termination Notice
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BC Employer Notice Obligations
BC Employer Notice Obligations
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CLOS vs. Payment in Lieu
CLOS vs. Payment in Lieu
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Regarding all payment
Regarding all payment
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Adequate Termination Notice
Adequate Termination Notice
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Terminations done professionally
Terminations done professionally
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When are employees entitled to the notice?
When are employees entitled to the notice?
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Study Notes
Introduction
- Employment standards give employees basic protection regarding the conditions of dismissal.
- Parties can agree to provisions more generous than legislation, but not less.
- Employees are entitled to a minimum of termination notice or pay, except in "just cause" terminations.
- Dismissal must proceed without cause unless a fundamental breach of contract can be proven; which is covered separately.
- Statutory notice pay is only a minimum; common law imposes higher obligations if the employment contract is silent.
- Absence of a termination notice provision in the employment contract, the employer has a duty to provide reasonable notice of termination or pay in lieu.
- "Reasonable" determination depends on the case facts, but reasonable notice standard exists in addition to statutory standards and exceeds them.
- Termination notice is intended to provide the employee time to find another job while still being paid.
- Statutory termination requirements are modest compared to common law obligations.
- A middle manager with 20 years service is entitled to 8 weeks' notice/pay under Alberta's ESC of British Columbia's ESA.
- Courts would likely award 12 - 20 months of "reasonable notice" to this manager.
- An employee, in this situation, should sue for wrongful dismissal rather than file a claim since the employer failed to offer an acceptable separation package
- An entry-level employee laid off has only a meaningful statutory termination notice, which is typically 2 weeks
- The option for an employee who is laid off can be a claim in small claims court at a lower cost
- Dismissed employees become common to reject severance offers; these engage in compromises for action of litigation
- Seperation package implies that pay and benefits were paid by an employer to a dismissed employee
Statutory Notice/Compensation Requirements
- In Alberta, employers must provide 1 - 8 weeks' written termination notice (or pay in lieu) if dismissing an employee employed >3 months under the ESC section 56
- Length of notice depends on length of service, with limited exceptions to this requirement.
- In British Columbia, employers need not give notice, but must pay "compensation for length of service" to employees employed >3 months under the ESA section 63
- This is unless comparable notice is given, or employee is dismissed for just cause/quits/retires.
- Alberta includes the option to provide advance notice to have the employee work throughout the notice period, call this "working notice".
- Options include wages for length of service or a combination.
- Employers usually provide departing employees with pay in lieu of notice.
- In Alberta, employees are required to give termination notice but not in BC
- An employee is required provide written notice on termination under ESC 58 to the employer: one week when employed more than three months and under two years, two weeks following two years of work
- The exception to this includes custom employment or practice
- Other exceptions include employee health & safety in danger, uncontrollable & unforeseeable cessation of work, employee layoff, and an employer under the strike or lockout
- More excpetions are casual employment accepts temporary work, employee wage rate change
Minimum requirement of ESC section 58
- In Alberta, when an employee provides notice at least equivalent to minimum under ESC 58, the employer under ESC 59 expedite by paying the employee's remaining notice
- Where an employee provides the employer with a written notice, the employer may advance termination for at least equals wages the employee would have received if worked regular hours at the period end
- In case the employee notice is longer than the minimum required under the ESC but less than the notice required when the employer initiates termination, the employer must pay the regular wages but needs to advance the termination end
- If notice given is longer than either the employee or the employer under the ESC, the employer ends the employee if the notice provided has been requireed of the employer at termination initiate
- Wage rates or any employment term is not changed by the employer after termination notice of wage rate under Alberta ESC 61
- Such prohibition exists in BC under the notice by an employer for ESA 67(2)
Temporary Layoffs
- This implies a temporary cessation of work with the intent for recall
- An Alberta employer may want to maintain an employment with-out terminating temporarily lay off under the ECS section 62
- However, when layoff lasts 90+ days within a 120 day period, layoff is no longer temporary under the ESC section 63
- Employee is terminated, should provide statutory termination pay, extended in the applicable collective agreement or the employee, to offer pension/employee package agreement
Temporary
- In cases of layoff, employers want to determine provisions if a continuing commitment
- The law in BC is narrowly set out in ESA 1-62-63 and 65, an employer has no right to layoffs
- The ESA 1 defines "temporary layoff", including collective agreement layoff (employee recall agreement) or layoff that lasts up to 13 weeks over 20 consecutive weeks
In BC
- If the employee earns <50% their regular wages in a week, ESA 62 declares a "week of layoff".
- ESA 63 CLOS requirement and ESA 64 group-termination requirement apply only to terminated employees during legit temporary layoffs.
- Above maximum is exceeded under the ESA 1, section 63(5) declares termination under compensation rules
- Section ESA 65 with irregular/continuous hours through the year for temp workers/seasonal/other employment agreements.
- Section notes under 63/64, the compensation/notice provisions in such situations
Continuity of Employment
- Alberta's ESC and BC's ESA addresses changing consequences of the employee, noting length of service
- Alberta ESCA section 5 employment deems that an uniterrupted/continuous business/enterprise to sell/transfer/lease/merge, and that continues under a receiver/receiver-manager
- BC's ESA section 97 involves provision
- If a portion business/assets substantial assets disposed of, the employment is deemed to be continuous/uninterrupted based on disposition
- New owner in both, the employees who retain their rights and length of service as usual
- A seller and its employees to transfer employment on length of service, termination, in lieu, or CLOS with years of service
- Employee does not have a previous obligation between sale
- Alberta has a 3 month employee gap
- If re-hired under Alberta ESC, count only after hiring at three months for re-signees
- BC does not count a 3 month gap or affect leave, however, temporary layoff impacts calculations of the layoffs that are ESA's
Communicating Termination Notice
- Where notice is required, it must be in writing
- The employee should be able to present this in person/mail/fix/email
- In Alberta, just posting the notice isn't sufficient, although BC's ESA 64 has additional requirements of a union employee (group termination)
Working Notice
- An employer should work a notice rather than CLOS or payment in lieu
- During this termination, the payer cannot give conditions to employee (wage decrease, other conditions)
- Entitle to wages and payments
- Pay more for an employee
Calculating Statutory and Common Law Notice
- Alberta's ESC takes out minimum requirements to pay
- BC is the opposite, and has a CLOS "compensation for length of service" but can look the same
- A reason for not performing employment duties
- An exception in both is triggered and they are terminated
- Employment stops or there is bankruptcy
- If employee is layoff under applicable statute
- An employee gives their response under specific period
- Making changes to work duties
- Is deeper under chapters 11 and later
Alberta's Statutory Notice Requirements
- Under Alberta's ESC 54-64, individual notice requirements range from 1 - 8 weeks, based on length, combining pay and written notice
- the minimum notices to term employees must be based in exceptions
- 3 months = nil
- 3 months to 2 years = one week
- 2 years to 4 = two weeks
- 4 years to 6 = four weeks
- 6 to 8 = five weeks'
- 8 to 10 = six weeks
- 10+ years= eight weeks
- pay employee with benefits
Calculating payout for Alberta
- Caitlin makes $700 working thirty five hours at $20 hr; she has worked for 6 years and is about to be terminated when
- The employer requires payout (5) notice of weeks to term or payments
- The employer owes $3,500 or weeks to payment
- Caitlin has 6% for vacation payout
- Earnings to be pad with 10-31 days by period end
BC's length of service requires:
-
ESA has certain term requirements, which a payer needs in CLOS
- <3 (nil req in a period) 3 months + 1 y = 1 week of pay 1 y + 3 y = 2 weeks 3 y + 4 y = 3 weeks 4 y + 5 y = 4 weeks 5 y + 6 y = 5 weeks 6y + 7y = 6 weeks 7 y + 8 y = 7 weeks 8y + 8+y + 8 weeks
-
Pay is based on employee rates, excluding overtime with fewer hours in schedule, which the section employer bases hours (63.4) normal base based on average in 8 weeks
-
Branch settlement excludes employees off in illness. An Employer needs match number of weeks to for CLOS is not need
Common law - Reasonable notice damages - Overview
- Though CLOS/NOTICE can be similar by minimum statute with major differences
- Branch and Court affirm with contract to pay payment, not payment in lieu
- Contract to replace need wages for past work
- courts unclear with closure to deduct for subsequent payments where
- in Emman/preston vs cadiallic Court noted closure and setilement or entitlements however, still payment McMillian did give a direct, separate nature
- No one should award it and was made
In court - Dismissed employees
- Double does recover from closure and settlement
- 50+ groups of employees under 2 months:
- provide 8 weeks payment -- 102 = 12 weeks
- --2 times the employer eeual the usual wage (section) Section 64 in lieu / termination, and that should be added. Note: 88 months from work
Classic decision is globe vs mail - and here is the list of the notice:
- 1 Age
- 2 Position
- 3 Length of service
- 4 Level of service
- 5 Avaialblity, expertise and education • Although relevant employers think and are entitled based month for pay month
• Appellate rejected a rule of thumb undermined the factors
- In short terms receive and high get less notice with long terms
- senior, managerial, exectuives get longer notice versus employees of those and find hard jobs such as dismissal
- lower/small 12 months
- highly skilled caps a 2 year
- found to find and has declined the employment with time
Case facts of itbc 2002
• IT deparment 57 yeaqrs / 12 / months to suit • A case should not allow and receive all damage by a climate and can A court should evaluate or provide the climate based on its knowledge
Another is employee who is specialized in international financing and found new opportunity
• primary , there more considerations for reference.
-
- A pregnant was factor be for notice and pregnancy should come from Auto, 2 month period and 8 weeks after service, work load. The factors are as: • Health / language • Refusa;/ reference
-
- No-compete has to provide or use an employee the decision
Better working versus pay
• employer has to consider wage benefit is equals
- Employer can make some and may offer a number that comes to balance in a payment with limited
- Has an engagement with respect for loop at which
- Employees should be honest and be with a the limited number can come with
Sterling
- Is there 1999 and may have to give less
Structure separations:
-
- Employer offers a one time rate that is fair Lump sum
- Disadvantages: one has to payer one time
Continued salary has written a statement for rights with all things at end of terms Key information for dismissals: The right for termination or employment, offer a contract before doing it
Mass terminations are when 50 or more and here are steps
- 8 50=100
- 16 is not applied. Note to bump an not apply
- An employer over the minimum can stag
Remember those points for note
Those must have requirements Frustration the act
The BC the board, and the high What must be An Terms
- These must show their value to that action
Requirements on Exceptions to notice
- There set out
- Pro employees A, employer are not or require 3 months
- Term/ Task employees
Employees to do what to can to fill less than one year in term can't apply unless completed. Term temporary payroll Alberta the notice is for definition of employees 89 Days in notice = termination BC no effect if the notice is a layoff with defitions with all terms
- Just cause has to be for 13 chapter the employer not an "without pay prejudice that be not an admission to all in the law Employees: Under employes, the "to be", and that the alternative does not affect bumps
Mass termination
Offers must be Reasonable training offer Similar Can sign but must detail and be all, offer has to have choice Return: Recall BC 8 Alberta employees, 7 consecutive
Strikes can be provided
- Causal elect: employees may free offer if for no pay
- Frustration has to be for impossible act to pay or if they cannot perform the jobs through
Courts
- BC is over this and found the act and did see. Frustration will show its damages to employee The board can show their value
Frustration under 2 heads
Frustration under cases - pandemic -Demuynck Demuynck: The BC decision for limit under those Terms
Dismissal should
- Try and do the following
- HIte smart for checking
- Update and include all, write carefully Update policies and give probationary
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