Scenario R Flashcards
Morton is a manager at YoKo International’s Toronto location. Annie, one of the employees who reports to Morton, has been having ongoing performance and attendance problems, despite Morton’s performance management efforts. Morton is considering terminating Annie. Staff at the Toronto location recently unionized, and Morton is not sure how that will affect the situation with Annie. Morton approaches Laurel, the local HR manager, for advice. Morton asks Laurel which sources he should consult to determine Annie’s entitlements if he decides to terminate her. What should Laurel suggest? a) Refer primarily to the collective bargaining agreement, but also to the Employment Standards Act, 2000. b) Refer only to the collective bargaining agreement, which takes precedence over any legislation. c) Refer to the Employment Standards Act, 2000, as it is the only source that establishes minimum termination entitlements.
The answer is a. Refer primarily to the collective bargaining agreement, but also to the Employment Standards Act, 2000. Functional Area: B3 Rationale(s): A is correct. Unionized employees’ entitlements upon termination are derived from both the ESA and the collective agreement. B is incorrect. Contracts, including a collective agreement, cannot bargain away worker rights spelled out in legislation. C is incorrect. The collective agreement will almost always provide more than the ESA and is still legally binding. Reference(s): Unit 1, Module 3: Key Statute and the Constitution http://www.mcmillan.ca/files/employment%20law%20in%20canada%20-%20provincially%20regulated%20employers.pdf
Morton is a manager at YoKo International’s Toronto location. Annie, one of the employees who reports to Morton, has been having ongoing performance and attendance problems, despite Morton’s performance management efforts. Morton is considering terminating Annie. Staff at the Toronto location recently unionized, and Morton is not sure how that will affect the situation with Annie. Morton approaches Laurel, the local HR manager, for advice. Morton asks Laurel whether Annie would be entitled to notice under Common Law. What should Laurel advise him? a) The Common Law principle of reasonable notice does not apply in situations where the legislation provides for notice periods. b) The Common Law principle of reasonable notice applies to all employees, including both unionized and non-unionized employees. c) The Common Law principle of reasonable notice does not apply to unionized employees.
The answer is c. The Common Law principle of reasonable notice does not apply to unionized employees. Functional Area: B3 Rationale(s): A is incorrect. Generally, the common law principle of reasonable notice is considered in addition to legislation. B is incorrect. The common law principle of reasonable notice does not apply to unionized employees. C is correct. The common law principle of reasonable notice applies only to non-unionized employees. Reference(s): Unit 1, Module 3: Key Statute and the Constitution http://www.mcmillan.ca/files/Employment%20Law%20in%20Canada%20-%20Federally%20Regulated%20Employers.pdf
