Chapter 12

Question 1

Explain employee resignation

Answer 1

If the employee quits, the employer only owes the
employee outstanding wages and vacation pay
- Resignation must be voluntary
- Employer should accept resignation in writing

Question 2

What is constructive dismissal?

Answer 2

occurs when employees resign because their employer’s behaviour has become so intolerable or heinous or made life so difficult that the employee has no choice but to resign.

Question 3

What does Inferring Resignation from an

Employee’s Conduct mean?

Answer 3

If an employee says that they are leaving and not to
expect them back, and they don’t appear for work
the next day, or if an employee indicates that they
intend to stop working and they return their
uniform and keys, the employer can infer that
they have resigned.
*To ensure that the resignation becomes binding,
the employer should send the employee a letter
formally accepting their resignation.

Question 4

How can an employer dismiss a resigning employee?

Answer 4

the employer should
accept the resignation and pay the employee for the
notice period, but have the employee no longer attend
work.
This subtle difference may likely avoid costly litigation and not be found liable for wrongful dismissal.

Question 5

Why are exit interviews useful and who should do them?

Answer 5

It can provide an employer with valuable
information (eg. feedback re. why they
are leaving)
To encourage an open discussion,
someone other than the direct Supervisor
should conduct the interview

Question 6

What is the abolition of mandatory retirement?

Answer 6

Effective December 12, 2006, most Ontario
employers were no longer able to insist on
employees leaving just because they reached age
65.

Question 7

What is the impact of the mandatory retirement?

Answer 7

1. employers can no longer maintain a mandatory retirement policy unless it can show that mandatory retirement is a bona fide occupational requirement.
2. Under Meiorin, the employer must show not
   only that the policy is reasonably necessary but also that it is impossible to accommodate the employees affected without creating undue hardship for itself.
3. because they have duty to accommodate disabilities this will lead to increased demands for accommodation.
4. will also need to reconsider their approach to performance management; they will need a consistent and formal performance management program.
5. need to document everything to avoid age discrimination complaints and a claim for damages for wrongful dismissal.
6. Need to give proper notice of termination because older workers need a significant amount of time if they have been working there for a while.
7. Pension and benefits plans should be reviewed
   to see how they are affected by the abolition
   of mandatory retirement.