Chapter 21

Question 1

What is Just Cause?

Answer 1

Employee conduct that amounts to a fundamental breach of the employment contract, if this is the case employee can be dismissed without notice

Question 2

What is Serious Misconduct?

Answer 2

Intentional, harmful conduct of the employee that permits the employers to dismiss without notice,

Question 3

What is Progressive discipline policy?

Answer 3

A system that follows a sequence of employee discipline from less to more severe punishment

Question 4

What is a Condonation?

Answer 4

Employer behaviour that indicates the employee that misconduct is being overlooked

Question 5

What is Habitual Neglect of Duty?

Answer 5

Persistent failure to perform employment duties, without permission/authorization

Question 6

What is Incompetence?

Answer 6

Lack of ability, knowledge, or qualification to perform employment obligations, after given a warning and opportunity to improve

Question 7

What is Conduct Incompatible?

Answer 7

Personal behaviour is irreconcilable with the employment duties or prejudicial to the employers business, eg. superintendent committing petty fraud outside performance of duties

Question 8

What is Willful Disobedience?

Answer 8

Deliberate failure to carry out lawful and reasonable orders

Question 9

What are some other causes?

Answer 9

Harassment, disruption of culture, or consumption of drugs

Question 10

What is a non-cause and near cause?

Answer 10

Without just cause, employer is required to give notice or pay instead of notice, may just give punishments/suspensions for near cause

Question 11

What is Reasonable Notice?

Answer 11

Period of time for an employee to find alternative employment prior to dismissal

Question 12

What is the period for dismissal with notice?

Answer 12

Either agreed upon in contract, period specified in employment standards legislations(min period only and does not override reasonable notice) or reasonable notice

Question 13

How does Character of Employment affect reasonable notice periods?

Answer 13

Whether employee was at a high-status position, because higher level takes longer to find another job

Question 14

How does Length of Service affect reasonable notice periods?

Answer 14

Longer term employee are entitled to more notice

Question 15

How does Age affect reasonable notice periods?

Answer 15

Older employees are entitled to more notice

Question 16

How does Development of Notice affect reasonable notice periods?

Answer 16

High degree of specialization, usually between 18-24 months, weight of each factor is unknown

Question 17

What is the rule for reasonable notice periods?

Answer 17

Must give 1 week for every year they have been working up to 8 weeks, can be notice or pay. If the payroll is 2.5M+, in addition to notice they must give severance of 1 week per year with no limits

Question 18

What is Constructive Dismissal?

Answer 18

Employer conduct that amounts to a breach of fundamental term of the employment contract in hopes that employee quits

Question 19

What is a Fundamental Change?

Answer 19

A big change to a big part of the contract or may be many minor changes

Question 20

What is “Bad” behaviour?

Answer 20

Enough that the employee prove a poisoned or intolerable work environment, constructive dismissal when person was suspended without pay

Question 21

What are the risks for constructive dismissal

Answer 21

Give a try-out period to see if employee can accept the changes

Question 22

What is a Wrongful Dismissal Suit?

Answer 22

When employee doesn’t think there is just cause or doesn’t believe notice was enough

Question 23

What is Bad Faith?

Answer 23

Alleging cause when there is none, refusing to provide a deserved letter of reference, terminating while on disability leave etc. Must be based on the losses employees actually suffer and are no longer to be awarded by arbitrarily extending the period

Question 24

What are the damages for wrongful dismissal?

Answer 24

How many months’ they are entitled to multiplied by the salary and benefits they would have been entitled to for those months. Deductions may be made for any money earned/received during the notice period as well

Question 25

What is the Duty to Mitigate?

Answer 25

Employees that have been terminated have a duty to mitigate their damages, failure to mitigate result in reduction in damages rewarded, must take reasonable steps to find a comparable job

Question 26

What are the Negotiations of the Settlement?

Answer 26

Package should contain all the money due to the employee at the time or termination (severance pay), should be given time to think about the offer

Question 27

What is a Grievance Process?

Answer 27

Procedure for resolving disputes contained in union contracts