Chapter 12 Flashcards
What is wrongful dismissal?
dismissal without just
cause wherein an employer breaches its common law duty to provide
reasonable notice of
termination or pay in lieu of notice to an employee
Generally speaking is an employee who gives an employer notice of resignation legally entitled to wrongful dismissal damages? What is owing to them?
No, outstanding wages and vacation pay.
Is it voluntary resignation if the options are resign or be dismissed?
Generally no
What happens if an employee alleges that they resigned because the employer changed a fundamental term of their employment contract?
If a court determines that a reason-able person would believe that the employee resigned in response to such a contractual breach, the employee is entitled to damages for constructive dismissal.
What are the two key elements required to confirm a resignation?
are intent and an action from the employee that reaffirms the decision
Is an employer obliged to rescind a resignation after it has been formally accepted?
No
What are non-pecuniary damages?
monetary damages designed to compensate for a plaintiff’s pain, suffering, or other injuries that are not readily quantifiable or valued in money
Is there a statutory requirement for an employee to provide notice of resignation in BC?
no
What is the general rule for retirement plans?
No employer can maintain a retirement plan that contravenes the prohibition against age-based discrimination unless it can show that the plan is bona fide.
What is the test set up by Meiorin case about the retirement plan?
the employer must show not only that the policy is rationally connected to the job and implemented in good faith but also that it is reasonably necessary—that is, it is impossible to accommodate the employees affected without creating undue hardship for the employer.
