Chapter 14 - ESA Entitlements Flashcards
Gives employees a basic level of protection in setting the terms and conditions of employment.
Employment Standards Act (ESA)
3 potential sources of entitlements:`
1) Written employment contract
2) Statutory minimums
3) Common Law
Pay and benefits paid by an employer to a dismissed employee.
Separation package
Refers to a specific statutory entitlement on termination.
Severance pay
3 main statutory requirements that relate to termination:
1) Individual notice of termination
2) Mass notice of termination
3) Statutory severance pay
The right to be called back to work after a layoff according to seniority level.
Recall rights
When Is an Employee terminated?
When employer..
1) Dismisses or stops employing the employee
2) Lays the employee off for a period exceeding that of a temporary layoff
3) constructively dismisses the employee and the employee resigns in response within a reasonable period
TRUE OR FALSE: Termination pay must be paid seven days after termination or on the employee’s next regular pay date, whichever is later.
True
The right of employees with greater seniority to displace more junior employees.
Bumping rights
Requirements of notice of termination:
1) Must be in writing
2) Must be specific
3) Must be unequivocal
4) Must be clearly communicated to employee
Defined as one in which an employer terminates 50 or more employees at the employer’s establishment in a period of four consecutive weeks.
Mass termination
Statutory notice or pay is not required when:
1) Employee was employed for less than 3 months
2) Employee was hired for temporary definite term that does not exceed 12 months
3) Employee is guilty non-trivial “willful misconduct” or “neglect of duty”
4) Refusal of reasonable alternative work
5) Return after recall
6) Strikes
7) Construction and some shipbuilding employees
8) Frustration of Contract
