Chapter 21 Flashcards
What is Just Cause?
Employee conduct that amounts to a fundamental breach of the employment contract, if this is the case employee can be dismissed without notice
What is Serious Misconduct?
Intentional, harmful conduct of the employee that permits the employers to dismiss without notice,
What is Progressive discipline policy?
A system that follows a sequence of employee discipline from less to more severe punishment
What is a Condonation?
Employer behaviour that indicates the employee that misconduct is being overlooked
What is Habitual Neglect of Duty?
Persistent failure to perform employment duties, without permission/authorization
What is Incompetence?
Lack of ability, knowledge, or qualification to perform employment obligations, after given a warning and opportunity to improve
What is Conduct Incompatible?
Personal behaviour is irreconcilable with the employment duties or prejudicial to the employers business, eg. superintendent committing petty fraud outside performance of duties
What is Willful Disobedience?
Deliberate failure to carry out lawful and reasonable orders
What are some other causes?
Harassment, disruption of culture, or consumption of drugs
What is a non-cause and near cause?
Without just cause, employer is required to give notice or pay instead of notice, may just give punishments/suspensions for near cause
What is Reasonable Notice?
Period of time for an employee to find alternative employment prior to dismissal
What is the period for dismissal with notice?
Either agreed upon in contract, period specified in employment standards legislations(min period only and does not override reasonable notice) or reasonable notice
How does Character of Employment affect reasonable notice periods?
Whether employee was at a high-status position, because higher level takes longer to find another job
How does Length of Service affect reasonable notice periods?
Longer term employee are entitled to more notice
How does Age affect reasonable notice periods?
Older employees are entitled to more notice
How does Development of Notice affect reasonable notice periods?
High degree of specialization, usually between 18-24 months, weight of each factor is unknown
What is the rule for reasonable notice periods?
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
What is Constructive Dismissal?
Employer conduct that amounts to a breach of fundamental term of the employment contract in hopes that employee quits
What is a Fundamental Change?
A big change to a big part of the contract or may be many minor changes
What is “Bad” behaviour?
Enough that the employee prove a poisoned or intolerable work environment, constructive dismissal when person was suspended without pay
What are the risks for constructive dismissal
Give a try-out period to see if employee can accept the changes
What is a Wrongful Dismissal Suit?
When employee doesn’t think there is just cause or doesn’t believe notice was enough
What is Bad Faith?
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
What are the damages for wrongful dismissal?
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
What is the Duty to Mitigate?
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
What are the Negotiations of the Settlement?
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
What is a Grievance Process?
Procedure for resolving disputes contained in union contracts
