Scenario D Flashcards
Mackenzie has worked at LLMP Video Store in Newmarket, Ontario, full time for the past 10 years. With video rentals and sales down, management has decided to close the store. Mackenzie is terminated with 2 weeks’ working notice, which was the notice period stipulated in the employment contract she signed when she was hired. Mackenzie does not believe this is enough time to find other employment, particularly as her last 2 weeks will be very busy while the store sells off its inventory. Given Mackenzie’s skill set, she is also concerned about being able to find similar employment. She wonders whether she should quit and start looking for a job right away. Mackenzie consults with a friend, Nolan, who happens to work in HR. Mackenzie asks Nolan whether she is entitled to more notice than what the store gave her. What should Nolan tell her? a) She is not entitled to more than 2 weeks’ notice. b) She is entitled to 8 weeks’ notice. c) She is entitled to 10 weeks’ notice.
The answer is b. She is entitled to 8 weeks’ notice. Functional Area: B3 Rationale(s): A is incorrect. The amount of notice cannot be contracted below the ESA requirement. B is correct. This is the correct notice period for employment of 8 years or more under the ESA. C is incorrect. Under the ESA, the amount of notice for employment of 8 years or more is 8 weeks.
Mackenzie has worked at LLMP Video Store in Newmarket, Ontario, full time for the past 10 years. With video rentals and sales down, management has decided to close the store. Mackenzie is terminated with 2 weeks’ working notice, which was the notice period stipulated in the employment contract she signed when she was hired. Mackenzie does not believe this is enough time to find other employment, particularly as her last 2 weeks will be very busy while the store sells off its inventory. Given Mackenzie’s skill set, she is also concerned about being able to find similar employment. She wonders whether she should quit and start looking for a job right away. Mackenzie consults with a friend, Nolan, who happens to work in HR. Nolan informs Mackenzie that the courts would likely consider other factors when determining her notice period. What factors is Nolan likely referring to? a) Mackenzie’s ability to find alternative employment and her age. b) The total number of employees the store terminated and Mackenzie’s length of service. c) Any relevant protected grounds under the Human Rights Code.
The answer is a. Mackenzie’s ability to find alternative employment and her age. Functional Area: B3 Rationale(s): A is correct. The court considers age, length of service, availability of employment, and other relevant factors in calculating notice periods. B is incorrect. Unless the employer has terminated the employment of 50 or more employees, mass termination rules may not be considered. C is incorrect. In determining notice periods, the court will consider numerous factors concerning the employment.
Mackenzie has worked at LLMP Video Store in Newmarket, Ontario, full time for the past 10 years. With video rentals and sales down, management has decided to close the store. Mackenzie is terminated with 2 weeks’ working notice, which was the notice period stipulated in the employment contract she signed when she was hired. Mackenzie does not believe this is enough time to find other employment, particularly as her last 2 weeks will be very busy while the store sells off its inventory. Given Mackenzie’s skill set, she is also concerned about being able to find similar employment. She wonders whether she should quit and start looking for a job right away. Mackenzie consults with a friend, Nolan, who happens to work in HR. Mackenzie learns that LLMP Video Store is actually closing all its locations across Ontario and all 100 employees will be laid off. Mackenzie asks if this mass termination would affect her entitlement to notice. What should Nolan advise? a) She will still receive only 2 weeks’ notice. b) She should receive 8 weeks’ notice. c) She should receive 12 weeks’ notice.
The answer is b. She should receive 8 weeks’ notice. Functional Area: C1 Rationale(s): A is incorrect. The amount of notice in the contract is below the ESA requirement and is not enforceable. B is correct. This is the correct notice period under the ESA if the employment of 50 to 199 employees is terminated. C is incorrect. The mass termination rules under the ESA require 12 weeks’ notice only if the employment of 200 to 499 employees is to be terminated.
Mackenzie has worked at LLMP Video Store in Newmarket, Ontario, full time for the past 10 years. With video rentals and sales down, management has decided to close the store. Mackenzie is terminated with 2 weeks’ working notice, which was the notice period stipulated in the employment contract she signed when she was hired. Mackenzie does not believe this is enough time to find other employment, particularly as her last 2 weeks will be very busy while the store sells off its inventory. Given Mackenzie’s skill set, she is also concerned about being able to find similar employment. She wonders whether she should quit and start looking for a job right away. Mackenzie consults with a friend, Nolan, who happens to work in HR. Given the situation, Mackenzie asks about her entitlement to severance pay. What should Nolan tell her? a) She is entitled to 10 weeks’ severance pay. b) She is not entitled to any severance pay since fewer than 200 employees are being laid off. c) She could jeopardize her entitlement to severance pay if she resigns during her working notice.
The answer is a. She is entitled to 10 weeks’ severance pay. Functional Area: C1 Rationale(s): A is correct. Under the ESA, Mackenzie is entitled to severance pay since she has worked for LLMP for 10 years and LLMP is laying off more than 50 employees. (ESA, s. 64(1)(a)) B is incorrect. Under the ESA, LLMP is obligated to pay severance to employees employed 5 or more years. (ESA, s. 64(1)(a)) C is incorrect. Under the ESA, employees are still entitled to severance pay if (i) they give 2 weeks’ notice of resignation, and (ii) the resignation takes place during the statutory part of the notice period. (ESA, s. 65(3))
