Scenario L Flashcards
Fibre to Fabric, a large textile factory operating in Almonte, Ontario, employs 350 people. Because of financial constraints, the factory had to temporarily lay off 4 employees from a shift rotation. The first employee, Ray, has 10 years’ seniority and has been laid off for 14 weeks, but he is still receiving his benefits package. The second employee, Anton, has 5 years’ seniority and has been laid off for 6 weeks. Anton is also still receiving his benefits. Finally, Nathan and Aiko have each worked at the factory for 3 years. They have both been laid off for 12 weeks without receiving any benefits or payments. Although business has picked up, the shift manager has the budget to recall only 2 or 3 of the laid-off employees. The manager wants to avoid letting any of the staff members’ temporary layoff status expire, if possible, and asks Beverley, Fibre to Fabric’s head of HR, for advice. Of the 4 employees, who should Beverley recommend be recalled to work immediately to avoid change of layoff status? a) Ray, Nathan and Aiko b) Nathan and Aiko c) Ray and Anton
The answer is b. Nathan and Aiko Functional Area: A1 Rationale(s): A is incorrect. Ray can still be considered on temporary layoff because he is receiving benefits. B is correct. In 1 more week, Nathan and Aiko will be considered to have been constructively dismissed if they are not recalled. C is incorrect. Both Ray and Anton will still be considered on temporary layoff because they are receiving benefits. Reference(s): Filsinger, 2015: pp. 410-411 Ministry of Labour: “Termination of employment” https://www.ontario.ca/document/your-guide-employment-standards-act-0/termination-employment#section-3
Fibre to Fabric, a large textile factory operating in Almonte, Ontario, employs 350 people. Because of financial constraints, the factory had to temporarily lay off 4 employees from a shift rotation. The first employee, Ray, has 10 years’ seniority and has been laid off for 14 weeks, but he is still receiving his benefits package. The second employee, Anton, has 5 years’ seniority and has been laid off for 6 weeks. Anton is also still receiving his benefits. Finally, Nathan and Aiko have each worked at the factory for 3 years. They have both been laid off for 12 weeks without receiving any benefits or payments. Although business has picked up, the shift manager has the budget to recall only 2 or 3 of the laid-off employees. The manager wants to avoid letting any of the staff members’ temporary layoff status expire, if possible, and asks Beverley, Fibre to Fabric’s head of HR, for advice. Unfortunately, Fibre to Fabric continues to suffer financial losses and needs to significantly downsize its staff. Ray is laid off, along with 75 other employees, in the first round of terminations. Anton is terminated 2 years later, along with 250 other employees. How much notice are Ray and Anton each entitled to? a) They are both entitled to 10 weeks’ notice. b) Ray is entitled to 10 weeks and Anton is entitled to 5 weeks. c) Ray is entitled to 8 weeks and Anton is entitled to 12 weeks.
The answer is c. Ray is entitled to 8 weeks and Anton is entitled to 12 weeks. Functional Area: A1 Rationale(s): A is incorrect. Ray and Anton will not receive the same amount of notice because of the mass termination rules. B is incorrect. This provides Ray with too much notice and Anton with too little. C is correct. In the case of a mass termination, the notice period is based on the number of employees terminated within a 4-week period. Reference(s): Unit 11, Module 10: Mass Termination https://www.labour.gov.on.ca/english/es/pubs/guide/termination.php
Fibre to Fabric, a large textile factory operating in Almonte, Ontario, employs 350 people. Because of financial constraints, the factory had to temporarily lay off 4 employees from a shift rotation. The first employee, Ray, has 10 years’ seniority and has been laid off for 14 weeks, but he is still receiving his benefits package. The second employee, Anton, has 5 years’ seniority and has been laid off for 6 weeks. Anton is also still receiving his benefits. Finally, Nathan and Aiko have each worked at the factory for 3 years. They have both been laid off for 12 weeks without receiving any benefits or payments. Although business has picked up, the shift manager has the budget to recall only 2 or 3 of the laid-off employees. The manager wants to avoid letting any of the staff members’ temporary layoff status expire, if possible, and asks Beverley, Fibre to Fabric’s head of HR, for advice. After the first round of terminations, Beverley realizes Fibre to Fabric failed to submit a “Notice of Termination of Employment” form to the Director of Employment Standards at the Ministry of Labour. What effect is this likely to have? a) The notice to the employees will not be deemed effective until the ministry receives the form. b) All employees involved in the mass termination will be entitled to an additional 2 weeks’ notice. c) The ministry will deem the mass termination unlawful, and regular termination entitlements will apply.
The answer is a. The notice to the employees will not be deemed effective until the ministry receives the form. Functional Area: A1 Rationale(s): A is correct. The employees’ notice periods will not start until the missing form has been received. B is incorrect. This will not extend the amount of notice employees are owed. C is incorrect. This will still be considered a mass termination. Reference(s): Unit 11, Module 10: Mass Termination https://www.labour.gov.on.ca/english/es/pubs/guide/termination.php
Fibre to Fabric, a large textile factory operating in Almonte, Ontario, employs 350 people. Because of financial constraints, the factory had to temporarily lay off 4 employees from a shift rotation. The first employee, Ray, has 10 years’ seniority and has been laid off for 14 weeks, but he is still receiving his benefits package. The second employee, Anton, has 5 years’ seniority and has been laid off for 6 weeks. Anton is also still receiving his benefits. Finally, Nathan and Aiko have each worked at the factory for 3 years. They have both been laid off for 12 weeks without receiving any benefits or payments. Although business has picked up, the shift manager has the budget to recall only 2 or 3 of the laid-off employees. The manager wants to avoid letting any of the staff members’ temporary layoff status expire, if possible, and asks Beverley, Fibre to Fabric’s head of HR, for advice. If the employees are not recalled before their temporary layoff status expires, what legal term would describe their employment status? a) Terminated with cause b) Frustrated c) Constructively dismissed
The answer is c. Constructively dismissed Functional Area: A1 Rationale(s): A is incorrect. There is no reasonable cause in this case. B is incorrect. This is not the legal term that would best describe the employee’s situation. C is correct. This is the appropriate definition in this case. Reference(s): Filsinger, 2015: pp. 410-411, 445 https://www.labour.gov.on.ca/english/es/pubs/guide/termination.php#temp_layoff
