Employment Termination Standards

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Questions and Answers

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?

  • 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?

  • 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?

<p>The employer has an implied duty to provide reasonable notice. (A)</p> Signup and view all the answers

In addition to statutory notice requirements, what else may the common law impose on employers?

<p>Higher notice or compensation obligations (A)</p> Signup and view all the answers

According to the content, what is the first place to look for notice requirements?

<p>The employment contract (C)</p> Signup and view all the answers

What is the purpose of providing termination notice when an employer does not have just cause?

<p>To allow the employee time to look for another job (C)</p> Signup and view all the answers

According to the content, what do courts consider when determining the length of the notice period?

<p>The facts of each case (D)</p> Signup and view all the answers

According to the content, how do statutory termination requirements compare to common law obligations?

<p>They are more modest. (B)</p> Signup and view all the answers

What might an employee who feels they did not receive an acceptable separation package do?

<p>Sue for wrongful dismissal (A)</p> Signup and view all the answers

For an entry-level employee laid off after two years of service, what is their entitlement to termination notice?

<p>Two weeks (A)</p> Signup and view all the answers

According to the content, why might an employee file a claim in small claims court?

<p>To reduce legal costs (A)</p> Signup and view all the answers

For employers in Alberta, what does section 56 of the ESC require?

<p>Between one and eight weeks' written notice of termination (A)</p> Signup and view all the answers

The length of the notice period in Alberta depends partly on:

<p>The length of an employee's service (A)</p> Signup and view all the answers

In British Columbia, under section 63 of the ESA, what is required when an employer terminates an employee?

<p>Must pay 'compensation for length of service' (D)</p> Signup and view all the answers

According to the content, what are the options for an employer when dismissing an employee?

<p>Working notice, wages in lieu of notice, or a combination (D)</p> Signup and view all the answers

What is 'working notice'?

<p>An employee being required to continue working during their statutory notice period (C)</p> Signup and view all the answers

In Alberta, are employees required to give notice when they quit?

<p>Yes (C)</p> Signup and view all the answers

In Alberta, how much written notice must an employee provide if employed for more than two years?

<p>Two weeks (D)</p> Signup and view all the answers

According to the content, what is an exception to employees providing written notice of termination?

<p>The employee's health or safety is in danger if they continue employment. (D)</p> Signup and view all the answers

In Alberta, can an employer expedite the termination if an employee provides sufficient notice?

<p>Yes, by paying the employee for the remaining notice period. (C)</p> Signup and view all the answers

What can an employer not do after giving notice of termination?

<p>Reduce pay or wage rates (A)</p> Signup and view all the answers

What is a temporary layoff?

<p>A temporary ceasing of work with intent to recall. (C)</p> Signup and view all the answers

In Alberta, what happens if a layoff lasts 90 days or longer within a 120-day period concerning termination pay?

<p>The layoff is no longer temporary, and the employer must provide statutory termination pay. (B)</p> Signup and view all the answers

According to Alberta's ESC, what is required when calculating termination notice for employees under a collective agreement?

<p>Termination notice should follow the agreement. (D)</p> Signup and view all the answers

In BC, how long may a layoff last without being considered a termination?

<p>13 weeks (B)</p> Signup and view all the answers

According to the source, which of these scenarios will cause an employee to be deemed to still be continuously employed?

<p>When a business is sold or transferred (A)</p> Signup and view all the answers

What kind of gap will invalidate continuous employment in Alberta?

<p>A gap of more than three months (B)</p> Signup and view all the answers

According to the source, what is required for termination notice in BC under section 64 of the ESA regarding group terminations?

<p>Providing notice to each employee, the minister of labour, and the employees' union, if applicable (B)</p> Signup and view all the answers

When is employment considered terminated?

<p>Whenever an employer dismisses or stops employing the employee. (B)</p> Signup and view all the answers

In Alberta, what is the minimum notice period for employer-initiated terminations if someone has worked three months or less?

<p>Nil (C)</p> Signup and view all the answers

In BC, should an employer give working notice to an employee rather than pay CLOS?

<p>If a BC employer gives notice rather than pays CLOS, it must continue paying the employee's regular wages and benefits during the notice period (B)</p> Signup and view all the answers

Who bears the onus of proof if an employer alleges that an employee improperly mitigated damages?

<p>The employer bears the onus of proof (C)</p> Signup and view all the answers

What is ‘Frustration of Contract’?

<p>Where a contract becomes impossible to perform through the fault of neither party (D)</p> Signup and view all the answers

Under which of these exceptions is an employer not required to give termination notice or pay?

<p>Just cause (B)</p> Signup and view all the answers

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?

<p>Seven consecutive days (A)</p> Signup and view all the answers

If an employee refuses reasonable alternative work, are employers required to offer notice?

<p>No, an employer is not required to provide notice of termination if an employee refuses an offer of reasonable alternative work (A)</p> Signup and view all the answers

What is the minimum an employee is entitled to receive upon termination, according to employment standards legislation?

<p>Either notice of termination or termination pay (D)</p> Signup and view all the answers

In the absence of a specific clause in an employment contract, what is an employer's duty regarding termination notice?

<p>To provide reasonable notice of termination, or pay in lieu. (D)</p> Signup and view all the answers

According to the content, what is 'reasonable' notice based on?

<p>The facts of each case as determined by the courts. (A)</p> Signup and view all the answers

In Alberta, statutory requirements relating to termination notice are covered under which sections of the ESC?

<p>Sections 54-64 (A)</p> Signup and view all the answers

What factor determines the length of the notice period in Alberta, according to the ESC?

<p>The length of the employee’s service. (A)</p> Signup and view all the answers

In BC, what is the alternative to paying compensation for length of service (CLOS) upon termination?

<p>Providing advance notice of termination (C)</p> Signup and view all the answers

In both Alberta and BC, statutory requirements regarding termination are triggered when...

<p>The employer terminates or stops employing the employee. (A)</p> Signup and view all the answers

A temporary layoff is best described by what?

<p>A temporary cessation of work with the intent to recall. (D)</p> Signup and view all the answers

What is the result of a gap greater than three months in Alberta?

<p>It invalidates continuous employment. (D)</p> Signup and view all the answers

If an employee terminates their employment, how must they provide official notice?

<p>In writing (C)</p> Signup and view all the answers

What is a key difference between statutory minimum notice and common law reasonable notice?

<p>Statutory notice provides minimum standards, while common law imposes potentially higher obligations. (C)</p> Signup and view all the answers

Why might an employer choose to offer a separation package?

<p>To decrease the likelihood of a wrongful dismissal claim. (C)</p> Signup and view all the answers

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?

<p>Pay the employee wages for the remainder of the notice period originally provided by the employee. (B)</p> Signup and view all the answers

How does BC's Employment Standards Act (ESA) treat temporary layoffs differently than Alberta's Employment Standards Code (ESC)?

<p>BC allows temporary layoffs only if the employment contract specifies it or if it is standard practice within that particular industry, whereas Alberta has a general right. (D)</p> Signup and view all the answers

How is continuity of employment determined when a business is sold in Alberta and British Columbia?

<p>In Alberta, a gap of more than three months breaks continuity, while BC has no similar rule. (C)</p> Signup and view all the answers

What is the primary difference between 'compensation for length of service' (CLOS) in British Columbia and statutory minimum notice in Alberta?

<p>CLOS is considered deferred compensation for past work, while statutory minimum notice is meant to cover the notice period. (B)</p> Signup and view all the answers

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?

<p>8 weeks' notice or termination pay, plus individual CLOS payments. (D)</p> Signup and view all the answers

Which of the following is required of an employer providing working notice in Alberta?

<p>The employer must pay the employee no less than their regular wages for a regular workweek. (B)</p> Signup and view all the answers

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?

<p>Through a monetary award that reflects proven damages, such as those requiring mental treatment (D)</p> Signup and view all the answers

In what kind of situation is an employer generally NOT required to provide termination notice or pay in lieu?

<p>When an employee refuses 'reasonable' alternative work. (D)</p> Signup and view all the answers

When may an employer unilaterally change significant terms in the conditions of employment?

<p>If the employer provides the employee with reasonable notice of the change and offers employment under the new terms. (B)</p> Signup and view all the answers

What duty does an employee have if they have been wrongfully dismissed?

<p>The employee has a duty to mitigate their damages by taking reasonable measures to find comparable alternative employment. (B)</p> Signup and view all the answers

After being given notice, what is no longer allowed?

<p>Reducing employee wages. (D)</p> Signup and view all the answers

What usually factors into the length of a reasonable notice period?

<p>The employee's age (B)</p> Signup and view all the answers

When should an employer seek legal advice?

<p>Any time the employer is presented with significant changes in their employment contract. (B)</p> Signup and view all the answers

What can be included in the determination of a good faith analysis?

<p>All of the above. (D)</p> Signup and view all the answers

Who should a potential employer contact for a reference?

<p>Potential employees in search of a reference should be directed to an experienced staff member who is familiar with the employee's situation. (A)</p> Signup and view all the answers

What should a written termination confirmation include?

<p>The effective date of the termination. (B)</p> Signup and view all the answers

Why is it important to handle terminations professionally?

<p>Callous conduct during the termination process can increase an employer's liability. (B)</p> Signup and view all the answers

What can prevent a previously agreed to contract from becoming 'frustrated'?

<p>Problems that can generally be forseen, such as the breakdown of machinery. (D)</p> Signup and view all the answers

What is constructive dismissal?

<p>Where the employer attempts to make the employee's work unbearable to coerce a resignation. (A)</p> Signup and view all the answers

When should an employee start to seek employment after being terminated without reasonable notice?

<p>Following the termination it is expected that the employ will take time to accustom themselves to the new situation before looking for employment. (A)</p> Signup and view all the answers

Why might an employer attempt a temporary layoff?

<p>If the employer wishes to maintain employment relationships while temporarily ceasing operation. (C)</p> Signup and view all the answers

Under what circumstances was a return to a previous workplace NOT considered reasonable?

<p>If the new situation involves hostility. (A)</p> Signup and view all the answers

Which of these statements accurately reflects the communication surrounding a group termination?

<p>In BC, there are additional requirements under section 64 of the Employment Standards Act (ESA) for notice of group terminations. (B)</p> Signup and view all the answers

What does the duty to mitigate involve when it comes to wrongfully dismissed employees?

<p>Involves the employee taking reasonable steps in order to find comparable alternative work. (C)</p> Signup and view all the answers

If there is no express agreement made, what are employees entitled to?

<p>Reasonable notice can be several weeks or even months in the case of key employees. (B)</p> Signup and view all the answers

According to the Supreme Court of Canada, how should moral damages (formerly Wallace damages) be determined?

<p>Determined based on the reasonable expectations that arose from the act of firing. (B)</p> Signup and view all the answers

What makes a claim of CONSTRUCTIVE dismissal different?

<p>A Constructive dismissal can occur as a result of changes to the terms of employment or a result of changes in the working relationship. (A)</p> Signup and view all the answers

Aside from salary, what else are wrongfully dismissed employees entitled to?

<p>All employment benefits such as club memberships and loan payments. (B)</p> Signup and view all the answers

When can an employer change an employee's job?

<p>When there is an agreement in place to do so. (A)</p> Signup and view all the answers

According to the Employment Standards Code in Alberta, to whom must terminations be reported?

<p>The employees, the union, and the minister of labour. (A)</p> Signup and view all the answers

As pertaining to the awarding of punitive damages in bad faith, what is the court always requiring?

<p>Proof of damages suffered as a result of the bad-faith dismissal. (A)</p> Signup and view all the answers

How many aspects of the wrongful dismissal damages did the decision of Honda Canada vs. Kears define?

<p>The decision redefined many aspects of the law of wrongful dismissal damages. (C)</p> Signup and view all the answers

How long must an employer wait before considering severance of an employment based on frustration caused by an employee's absence?

<p>An employer should wait 2 years before serving severance. (B)</p> Signup and view all the answers

What factors will a court consider when there is potential for a potential job that involves relocation?

<p>The employee's family circumstances and the housing market. (D)</p> Signup and view all the answers

What is a paper trail, and why is it important?

<p>A paper trail is critical because an employer bears the burden of proof in establishing just cause for dismissal. (A)</p> Signup and view all the answers

If an employer lacks just cause for termination, what is the primary reason for providing termination notice?

<p>To provide the employee time to seek new employment while maintaining income. (A)</p> Signup and view all the answers

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?

<p>Pay the employee regular wages up to the end of the notice period provided by the employee. (A)</p> Signup and view all the answers

Under what condition can an employer in BC temporarily lay off an employee?

<p>If temporary layoffs are a standard practice in the employer's specific industry. (A)</p> Signup and view all the answers

In the context of employment law, what does 'without prejudice' signify?

<p>The employer is not admitting to any wrongdoing, even if they are offering a severance. (D)</p> Signup and view all the answers

What is a key factor considered when determining if a change in job duties constitutes constructive dismissal?

<p>Whether a reasonable person in the employee's position would find the changes unreasonable and unfair. (A)</p> Signup and view all the answers

According to the content, what is the best course of action if an employer is considering dismissing an employee for alleged misconduct?

<p>Thoroughly investigate the allegations and apply progressive discipline if warranted. (D)</p> Signup and view all the answers

In cases of mass termination, what additional information must the notice include, according to the content?

<p>The number of employees being terminated, the effective date, and reasons for the terminations. (A)</p> Signup and view all the answers

What is an important measure to take to handle terminations professionally?

<p>Documenting all problems with employees as soon as they occur and in a precise and chronological way. (B)</p> Signup and view all the answers

What factor must be considered when assessing moral damages?

<p>Whether the damages were within the 'reasonable expectation' of the parties as flowing from a breach of contract. (B)</p> Signup and view all the answers

In the context of termination, what does the duty to mitigate require of a wrongfully dismissed employee?

<p>Take all reasonable steps to seek comparable alternative employment. (C)</p> Signup and view all the answers

What critical factor distinguishes CLOS from payment in lieu of notice under common law?

<p>Payment in lieu is considered damages for failing to provide reasonable notice; CLOS is 'deferred compensation' for prior service. (A)</p> Signup and view all the answers

Temporary layoffs in BC are permissible ONLY under which of the following circumstances?

<p>If the employment contract explicitly allows for it, the employee agrees to it, or where it's standard industry practice. (D)</p> Signup and view all the answers

In the context of termination without cause, what is implied by 'without prejudice'?

<p>The employer is making a voluntary payment that does not indicate an admission of just cause. (A)</p> Signup and view all the answers

How will a court behave when it has found evidence suggesting a wrongfully dismissed employee DID NOT sufficiently attempt to secure a new job?

<p>The court could reduce the reasonable notice period, thereby reducing the damages. (D)</p> Signup and view all the answers

In Alberta, what course of action should an employer take when faced with an employee giving a longer-than-legally-required notice of termination?

<p>The employer can accept the resignation date as is and the employee is obligated to work until that date. (D)</p> Signup and view all the answers

In the context of awarding damages stemming from Wallace damages, how did the Supreme Court rule in Honda Canada Inc v Keays?

<p>Award for damages must stem from a breach of contract. (B)</p> Signup and view all the answers

In British Columbia, how do mass termination rules interact with the basic CLOS entitlements?

<p>An employer must fulfill mass termination requirements in addition to CLOS, paying for both. (A)</p> Signup and view all the answers

As it concerns a release, what measure can an employer take so that they can improve the likelihood a court will enforce a release?

<p>Encouraging the employee to seek independent legal advice prior to the signing of an agreement. (C)</p> Signup and view all the answers

Which statement accurately reflects current legal standards for employers considering employee disability and contract frustration?

<p>After two years, an employer may consider severance from employment based on frustration (B)</p> Signup and view all the answers

What factor determines whether a proposed change in job duties constitutes constructive dismissal?

<p>If it would cause a reasonable person in the employee's position to find the changes unreasonable. (D)</p> Signup and view all the answers

How can an employer MITIGATE the risk of liability when contemplating a dismissal based on severe employee misconduct?

<p>Consult with legal counsel prior to taking ANY further action. (B)</p> Signup and view all the answers

In the context of providing employee references, under what scenario could a company potentially be liable?

<p>If the negative statements provided were made carelessly or malicious. (D)</p> Signup and view all the answers

What considerations does The Supreme Court provide to guide assessing whether awarding punitive damages is appropriate in a case of bad-faith dismissal?

<p>The need to remove any ill-gotten gains the business may have earned. (D)</p> Signup and view all the answers

In British Columbia, how might an employer strategically mitigate mass termination liabilities through layoff scheduling?

<p>Spreading the terminations to be less than fifty over a two month period. (B)</p> Signup and view all the answers

What circumstances must be present when offering potential alternative work after termination so that you do not have to offer severance?

<p>All of the options listed. (A)</p> Signup and view all the answers

When will temporary layoffs be recognized in British Columbia?

<p>All the options listed. (B)</p> Signup and view all the answers

What factors will a court consider when determining 'reasonable notice' and there is a potential move with the proposed position?

<p>All of the options listed. (B)</p> Signup and view all the answers

According to law established by the Supreme Court, what kind of situation will determine whether an employer is required to provide reasonable notice?

<p>It must depend on the circumstances. (A)</p> Signup and view all the answers

In British Columbia law, what are employers obligated to pay when they are unable to return union workers 'back to work'?

<p>CLOS. (B)</p> Signup and view all the answers

Which of the following is a true statement if allegations of severe misconduct are put forth?

<p>Nothing matters but proof. (A)</p> Signup and view all the answers

What would be an accurate description about providing a letter of reference after termination of an employee?

<p>There are never required. (B)</p> Signup and view all the answers

What may constitute an example of 'bad faith' that does not support an employer that makes allegations without strong facts?

<p>All of the listed options. (C)</p> Signup and view all the answers

How can you undermine your business if you do not handle your business with professionalism?

<p>All the options listed. (B)</p> Signup and view all the answers

As it pertains to changes in employment terms, is offering the chance to continue employment sufficient enough to avoid constructive dismissal?

<p>Not necessarily. (B)</p> Signup and view all the answers

Which option provides the MOST accurate course of action in the case of pending litigation?

<p>Making sure records and notes are clearly documented and signed. (A)</p> Signup and view all the answers

Outside of the ability to provide support, what will help the prospective employee by involving outplacement counseling?

<p>All of the options mentioned. (B)</p> Signup and view all the answers

For an employee who is pregnant at the time of termination, how do the courts handle the Bardal determination?

<p>Special factors will be considered. (D)</p> Signup and view all the answers

Who is responsible to prove reasonable steps were not taken?

<p>The defendant. (C)</p> Signup and view all the answers

In a bad faith analysis for punitive damages, which factor should you always consider?

<p>Will and intent. (B)</p> Signup and view all the answers

In summary judgment applications for claims involving reasonable notice, what circumstances justify the decision for a judgment?

<p>The parties agree on the essential facts and disagree on the amount of notice required. (C)</p> Signup and view all the answers

How can punitive damages be awarded in a legal setting?

<p>When the conduct is malicious and deserving punishment on top of other damages. (D)</p> Signup and view all the answers

Aside from other factors, what could help form the basis for potential constructive dismissal?

<p>The workplace has created some type of hostile situation. (C)</p> Signup and view all the answers

In a situation as it pertains to a layoff, what requires both the employer and prior employee to repay and/or refund?

<p>All of the options listed. (D)</p> Signup and view all the answers

As it pertains to dismissals, is setting out to actively undermine a terminated employee a way to lower the amount of potential damages?

<p>No, as this can potentially increase liability. (A)</p> Signup and view all the answers

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?

<p>Only if they were let go before the end of the snow removing season (B)</p> Signup and view all the answers

What is the role of 'bumping rights' in the concept of termination?

<p>An employer does not have to provide an employee with rights bumped due to seniority but it's at the expense of termination. (A)</p> Signup and view all the answers

What is 'the duty to mitigate?

<p>Obligation to take all reasonable steps to lessen losses suffered, which can sometimes include returning to work. (C)</p> Signup and view all the answers

Under what circumstances might a 'without prejudice' payment be made to an employee, despite not being required?

<p>When an employer acknowledges some potential for a just cause claim, but wishes to quickly resolve and limit potential legal costs. (C)</p> Signup and view all the answers

What key factor distinguishes between the calculation of damages for wrongful dismissal concerning salary when contrasting overtime pay versus stock options?

<p>Lost overtime pay must be proven as likely during the notice period, while lost stock options may continue to accrue unless explicitly restricted. (C)</p> Signup and view all the answers

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?

<p>It stipulated that damages should not be given through an arbitrary extension of the period, but through monetary award that reflects proven damages. (D)</p> Signup and view all the answers

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?

<p>It can significantly bolster claims for aggravated and punitive damages due to the employer's malicious and reprehensible conduct. (B)</p> Signup and view all the answers

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?

<p>CLOS is a statutory right and is a form of deferred income, while severance under common law are wages equal to a reasonable period after dismissal. (A)</p> Signup and view all the answers

What critical consideration must an employer undertake when contemplating the termination of an employee who is currently on disability leave?

<p>The employer should generally not terminate the employee, as doing so could give rise to a discrimination claim. (A)</p> Signup and view all the answers

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?

<p>Awards are likely to decrease, to reflect that all relocation requirements could place additional strain on the family. (D)</p> Signup and view all the answers

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?

<p>If damages are given for extended notice periods, or if there is found to be untruthful and reckless circumstances. (A)</p> Signup and view all the answers

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?

<p>Provided the position is the same and without acrimony, the employee has a duty to accept. (B)</p> Signup and view all the answers

In managing mass termination in British Columbia, what actions provide cause for an employer to reduce its legal obligations when initiating layoffs?

<p>If each member has bumping rights based on seniority and who refuses to exercise them as cause not to apply the standards. (B)</p> Signup and view all the answers

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?

<p>The Duty of Proportional Accommodation Consistent with Undue Hardship (D)</p> Signup and view all the answers

Under what specific circumstances does the common law doctrine of 'inducement' most significantly influence the determination of reasonable notice for a dismissed employee?

<p>When the employee's departure from a prior, secure position was solicited by the dismissing employer, leading to a foreshortened tenure. (B)</p> Signup and view all the answers

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?

<p>By distributing terminations across strategically defined periods exceeding two-month intervals to evade the group termination threshold. (A)</p> Signup and view all the answers

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?

<p>CLOS represents a form of 'deferred compensation' predicated on past service, whereas payment in lieu compensates for the prospective notice period. (C)</p> Signup and view all the answers

In situations involving allegations of severe misconduct justifying dismissal, which advanced due diligence measure most effectively safeguards employers against wrongful dismissal claims?

<p>Conducting a comprehensive, unbiased investigation with scrupulous documentation and adherence to procedural fairness (D)</p> Signup and view all the answers

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?

<p>It stipulated that moral damages must no longer be arbitrarily linked to the notice period but reflect demonstrably proven harm. (C)</p> Signup and view all the answers

Given the precedent established by Canadian courts concerning employee disability and contract frustration, what advanced procedural step should employers diligently undertake when contemplating dismissal?

<p>Obtaining a definitive and unequivocal prognosis from a qualified physician confirming the employee's permanent inability to return to work. (B)</p> Signup and view all the answers

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?

<p>The reasonable expenses incurred in potentially disrupting the spouse's established employment within that locality. (C)</p> Signup and view all the answers

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?

<p>New opportunities must align with salary, responsibilities, and working conditions or the business must still honour severance obligations. (B)</p> Signup and view all the answers

Under what circumstances does an employer's act of making misrepresentations leading to the dismissal of an employee lead to additional ramifications?

<p>Additional legal ramifications transpire when these misstatements precipitate public humiliation and reputational harm for the terminated employee. (D)</p> Signup and view all the answers

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?

<p>The employer pays compensation equal to the remainder of the notification. (B)</p> Signup and view all the answers

In instances of mass layoffs, identify the supplemental pieces of information - above what would be included during singular layoffs - that are needed.

<p>These information contain motives, data of dismissal, beside recipient worker(s), trade union(s), minister(s) of labour. (B)</p> Signup and view all the answers

As referred to in the Supreme Court, which actions merit damages above what is set out on the employment contract?

<p>Employees square measure entitled to damages if the worker demonstrates income from loss and mental distress. (D)</p> Signup and view all the answers

Which option BEST identifies a company's need to contact legal representatives?

<p>When, in any instance, termination is also questionable. (B)</p> Signup and view all the answers

Below is a listing of things that has to get handled with care, which item is LEAST needed?

<p>The worker's position. (D)</p> Signup and view all the answers

What precise issue is critical once attempting to avoid ‘Wrongful Dismissal Claims’?

<p>Callous terminations might increase liability. (B)</p> Signup and view all the answers

Which action, if taken, would run counter to that of ‘Constructive Dismissal’?

<p>Restoring relations with workers. (D)</p> Signup and view all the answers

While providing documentation or confirmation of any dismissal or termination, which item should be enclosed?

<p>The worker's termination advantages. (A)</p> Signup and view all the answers

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?

<p>Possible ‘designed dismissal. (B)</p> Signup and view all the answers

Of the subsequent things listed, what is of primary importance after any call to supply a reference checks'?

<p>That what it writes, is truthful, supported by records. (C)</p> Signup and view all the answers

Which issue associated with a change in employment agreements holds influence whether a worker quits, resulting in what's deemed a resignation?

<p>Whether an inexpensive person finds the changes obligatory by the company to be unsuitable and unfair. (C)</p> Signup and view all the answers

With respect to things listed among ‘Punitive Damages’, what quantity of thought does that call for?

<p>A finding calls for the company should have committed an independent actionable wrong. (B)</p> Signup and view all the answers

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)?

<p>Alberta provides a statutory right to temporary layoff, subject to limitations, whereas B.C. requires either explicit contractual authorization or demonstrated industry practice. (B)</p> Signup and view all the answers

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?

<p>The reasonable availability of comparable alternate employment for both the evicted employee and their spouse within a reasonable commutable radius. (A)</p> Signup and view all the answers

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?

<p>Obtain a binding independent medical examination confirming the employee's permanent inability to perform essential job functions, absent any prospect of reasonable accommodation. (C)</p> Signup and view all the answers

What aspect of Honda Canada Inc v Keays most fundamentally altered the determination of moral (formerly Wallace) damages in wrongful dismissal cases?

<p>It shifted the focus from extending the notice period to compensating proven damages directly attributable to the employer's bad faith conduct in the manner of dismissal. (C)</p> Signup and view all the answers

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)?

<p>The court will accept only some of the expenses claimed in a job search. (B)</p> Signup and view all the answers

Flashcards

Separation Package

Pay and benefits paid by an employer to a dismissed employee

Statutory Notice

Minimum amount of notice or termination pay required by law

Implied Duty

Employer's duty to provide reasonable notice or pay in lieu of notice under common law

Temporary Layoff

Temporary ceasing of work with intent to recall

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Temporary Layoff (BC)

Defined as a layoff that goes beyond the date on which the employee has a right of recall under a collective agreement; or lasts up to 13 weeks

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Continuity of Employment

Where a business, undertaking or other activity or part of it is sold, leasing, transferred or merged or if it continues to operate under a receiver or receiver-manager

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Working Notice

An employer that wishes to provide notice must abide by these rules: Employer cannot reduce an employees wage/ benefits. Employer must pay employee wages entitled.

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Reasonable Notice Damages

Employer is required to compensate a wrongfully dismissed employee for lost wages and benefits during the reasonable notice period

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Aggravated damages

Damages awarded to compensate a party for non-monetary losses intentionally or maliciously caused by the other party's conduct

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Punitive damages

Damages awarded to punish the employer for its malicious or oppressive conduct, rather than to compensate the employee.

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Wrongful dismissal

Employer breaches its common law duty to provide reasonable notice of termination or pay in lieu of notice to an employee

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Duty to Mitigate

The obligation to take all reasonable steps to lessen the losses suffered as a result of a breach of contract

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Constructive dismissal

occurs when an employer unilaterally makes substantial changes to the essential elements of the employment contract to the detriment of the employee

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Without Prejudice

A dismissal where misconduct is less serious, the employer's notice payment is made on a voluntary basis and is not an admission that there is no just cause under the law.

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Frustration of Contract

Arises when an employment contract comes to an end without notice because the contract has become impossible to perform for reasons such as floods, fires, or explosions

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Communicating Termination Notice

Notice of termination by an employer that must be in writing, addressed to the employee and given in person or by mail, fax, or email.

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Temporary layoff defined

A temporary ceasing of work with intent to recall. Allowing employers extended layoff periods w/ a continuing commitment.

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Alberta's notice period

One to eight weeks depending on the length of service.

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Alberta's statute requirement

Minimum notice periods employers must provide to terminated employees, unless exceptions apply.

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Employee provides notice

When an employee provides notice of termination that is equivalent to the minimum, the employer may expedite the termination by paying the employee for the remaining notice period.

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Termination occurs when

Dismisses/stops employing the employee; lays employee off exceeding temporary layoff period; constructively dismisses employee.

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Factors affecting notice period

The employee's age, position, length of service, level of compensation, and availability of similar employment

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When are punitive damages given?

Where the employer's conduct is so malicious and outrageous that it is deserving of punishment on its own.

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Exceptions termination requirements

Cases where the employer is not required to give either notice of termination or pay in lieu of notice to a dismissed employee..

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Regarding return after recall

An employee is not required to return to work within a reasonable time (seven consecutive days in Alberta; a 'reasonable time' in BC). a

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Strike

A refusal to work by a group of unionized employees.

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Lockout

An employer's refusal to let unionized employees into the workplace.

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Two-year legal action limit

If no action against termination has been brought for two years, the dismissal has expired.

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Regarding the term damages

Did make one before. Is more detailed.

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What is the act of making it an argument when terminating someone?

The act of showing there are not enough reasons to terminate someone.

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How long is it okay to work before being terminated?

The amount the employer can keep from you from when you are fired.

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Is the employee able to leave?

Occurs when an employee knowingly and voluntarily leaves the job.

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Termination and contracts

Review the contracts.

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Terminations requirements

Employees find it especially difficult to obtain new jobs when they are terminated as part of a mass layoff.

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How is the release used

An additional amount also acts as 'consideration' for the employee's signing of the release

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What does legal advice do?

Can provide you an insight. They show you how the damages will be handled before, too.

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Frustration of contract defined

Occurs when the employment obligation is 'impossible to perform' due to external events, it doesn't cover foreseeable problems.

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Alberta's notice period ranges

Individual notice periods that range from one to eight weeks, depending on an employee's length of service

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The employee's duty defined

To take reasonable steps to demonstrate good faith efforts to find substantially similar employment.

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Regarding employee terminations and no notice.

Minimum notice that can be weeks or even months in the case of critical employee to compensate for damages for an employees failure to inform the company

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Termination of contract due to misconduct

Serious misconduct warrants discharge without notice or pay, if lesser, it can handled be made on a voluntary basis.

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Alternative work

A new job must have a similar salary, benefits, responsibilities, location, duties, security.

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What causes the breach in a termination?

Terminates or stops employing the employee; lays employee off exceeds temporary layoff period; constructively dismisses employee.

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To help and mitigate any situation.

Offers all reasonable steps and show good faith to make things right in writing with compensation.

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Statutory requirements

These requirements are triggered in both Alberta and BC when an employee's employment is terminated

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Provide a signed release

This helps to show that this is the last time an argument will be taken upon anything discussed. Showing a clear and cut point of decision.

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Give a job references.

If a company gives any info about that said employee, they can get sued because all info is confidential. And they all have to sign it before.

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Regarding what an company agrees to for payments for contracts.

Layoffs is a period layoff must not go beyond what that set out in employment standards legislation.

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Factors termination must deal with and face with.

An employer must use progressive discipline, investigate fully, be aware of conduct, or prepare it for trial. All factors such as employee details and other will be shown.

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Agreement.

Do not accept during the meeting- the employee needs the time so they can collect proper compensation

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If there is a release.

Must be clear, honest. Specifically, they must reference all claims, release is to effectively foreclose at least partially dependent on the contract

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When is a layoff a termination?

A situation where a layoff is defined as a termination if it exceeds specific time limits.

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When can you use small claims court?

When an employee can make a claim in small claims court because they are not intimidated by the court system.

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Initial Severance Offer

Written notice of termination or pay in lieu, potentially with lawyer assistance, to negotiate additional severance.

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Employer Choices in Termination

Provide advance notice, wages in lieu, or a combination when dismissing an employee.

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Temporary layoff benefits

A situation when the employer is allowed longer layoff periods before triggering termination provisions.

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Reducing Mass Termination Notice

The circumstances under which an employer may reduce notice owing by staggering layoffs.

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BC Employer Notice Obligations

Where a BC employer gives employee notice rather than pays CLOS (compensation for length of service).

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CLOS vs. Payment in Lieu

Pay in lieu of notice, but it's a statutory benefit for past work, not damages for wrongful dismissal.

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Regarding all payment

Individual may still agree in writing that the complete package constitutes a greater right or benefit than merely termination pay.

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Adequate Termination Notice

In Alberta, what posting the notice on a bulletin board is not considered to be.

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Terminations done professionally

Providing notification and all benefits of terminating are done in a professional way.

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When are employees entitled to the notice?

In BC ESA does not require employees to provide notice, and is not required for employees who have worked for less than three months.

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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:

    1. 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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