Module 1 - Termination & Notice Periods Flashcards
Common Law
A body of law consisting of judicial decisions dating back hundreds of years. It is an important body of law in the employment context.
Common Law Notice Periods
Refers to the amount of notice of termination employees are entitled to under common law. Generally, it is much greater than the notice of termination stipulated by statute
Constructive Dismissal
When an employee resigns due to a significant unilateral (without employee consent) change to their working environment. Generally, this must be a substantially negative change, which a reasonable person would find unreasonable (such as a reduction in hours or pay, or a change which makes an existing work environment hostile). It also includes situations which leave an employee with the choice to quit or be fired, or see them temporarily laid off for longer than is allowed by statute may also constitute constrictive dismissal.
Employment Law
The body of law that governs all aspects of the employer-employee relationship. Employment law does not apply when the parties are governed by a collective agreement.
Employment Standards Act (ESA)
The act that sets out the minimum terms and conditions of employment for non-unionized employees in the province of Ontario, such as minimum wage, hours of work and public holidays. Employees and employers can refer to the ESA for their respective rights
Just Cause
The legal standard employers must meet if they wish to terminate an employee without providing notice of termination. What constitutes just cause will vary considerably based on the facts of a particular scenario. Although, there is no set formula for determining whether an employer has just cause to terminate an employee, certain steps, such as using progressive discipline, can make establishing just cause easier for employers.
Just Cause Protection (Bill 148)
The protection enjoyed by federally regulated employees who often cannot be terminated unless their employer has just cause, In contrast to other employees who can be terminated without cause, provided notice is paid or provided
Mass Termination
When an employer terminates 50 or more employees within a four-week period. In the event of mass termination, special rules governing the amount of notice employees are entitled to, and the manner in which it must be provided take effect.
Notice of Termination
The legal amount of notice an employer must provide a terminated employee. Notice can be provided as a working notice period, or as payment in lieu of notice. Notice periods are generally measured in weeks or months
Payment in Lieu of Notice
Refers to one of the ways in which an employee terminated without cause can be provided with the notice or pay they are entitled to by statute. This involves paying the terminated employee the amount he or she would have earned during their notice period. With payment in lieu of notice, the employee must stop going to work immediately
Temporary Layoff
A layoff that lasts less than 13 weeks during the course of a 20-week period, or less than 35 weeks of a 52-week period if the employer takes certain actions (such as continuing to pay into a benefits plan on behalf of an employee or making periodic payments to the employee).
Termination With Cause
When an employer has just cause to terminate an employee. Therefore, the employer is not required to provide the employee with notice of termination
Termination WithOut Cause
A termination that occurs without a valid legal reason. In this instance, the employer is required to provide the employee with notice of termination
What are 3 reasons an employee would be terminated?
- Dismissal with or without legal reason (with or without just cause)
- Temporary lay-off
- Constructive dismissal
What are 3 advances of termination notice?
- Economical - employee is still working even though they will be dismissed
- If the employee is reliable, they can help with changes and transitions
- Mass terminations - experienced employees can pass knowledge to new
