Section 13 Flashcards
Mikki has worked for the past 10 years as a tour guide for a non-profit company, Made in Canada, which promotes tourism to lesser-known mid-sized Canadian cities. It has offices in Peterborough, Ontario; Saskatoon, Saskatchewan; and Fredericton, New Brunswick. Mikki works in Peterborough and conducts tours highlighting different aspects of the city’s downtown core. While Mikki is good at her job, the company is downsizing and has decided that her position will be eliminated. Mikki is currently on maternity leave, and her manager, Jay, proposes that she be provided with working notice that would take place concurrently with her leave. Darius, the HR generalist at Made in Canada, has some reservations about Jay’s idea. Taking these concerns to heart, Jay decides instead to terminate someone else. Mikki returns to work after her leave and continues to work for the company for another 6 months without issue. Unfortunately, the organization is still in financial difficulty and decides it must lay off more employees. Jay decides to terminate Mikki at that time, and informs her that before she can receive her statutory or common law severance, she must sign a full release promising not to sue the company for wrongful dismissal. Why would Darius advise Jay against offering Mikki working notice during her maternity leave? a) Working notice is provided to give employees time to find another job, which Mikki could not have easily done while on leave. b) Whenever possible, payment in lieu of notice is preferable to working notice. c) Terminating Mikki while she was on leave could have raised ethical issues and damaged the company’s reputation.
The answer is a. Working notice is provided to give employees time to find another job, which Mikki could not have easily done while on leave. Functional Area: A1 Rationale(s): A is correct. This would fly in the face of the stated purpose of the working notice period. B is incorrect. In some cases, working notice is preferable. C is incorrect. Legal issues should take precedent in this case and make such action untenable before the company’s reputation is to be considered. Reference(s): Filsinger, 2015, p. 414. CanLII Connects: “Written Notice of Termination for Employees off Work May Not Satisfy ESA Requirements” (http://canliiconnects.org/en/commentaires/29094).
Mikki has worked for the past 10 years as a tour guide for a non-profit company, Made in Canada, which promotes tourism to lesser-known mid-sized Canadian cities. It has offices in Peterborough, Ontario; Saskatoon, Saskatchewan; and Fredericton, New Brunswick. Mikki works in Peterborough and conducts tours highlighting different aspects of the city’s downtown core. While Mikki is good at her job, the company is downsizing and has decided that her position will be eliminated. Mikki is currently on maternity leave, and her manager, Jay, proposes that she be provided with working notice that would take place concurrently with her leave. Darius, the HR generalist at Made in Canada, has some reservations about Jay’s idea. Taking these concerns to heart, Jay decides instead to terminate someone else. Mikki returns to work after her leave and continues to work for the company for another 6 months without issue. Unfortunately, the organization is still in financial difficulty and decides it must lay off more employees. Jay decides to terminate Mikki at that time, and informs her that before she can receive her statutory or common law severance, she must sign a full release promising not to sue the company for wrongful dismissal. Mikki asks Darius whether she is legally required to sign the release before she can receive her severance package. How should Darius respond? a) Mikki can be required to sign a release before receiving her common law pay, but it cannot be a requirement for her to receive her statutory entitlements. b) Mikki can be required to sign a release before receiving any of her termination or severance pay. c) Mikki cannot be required to sign a release and she could be entitled to further damages if her employer withholds payment in this manner.
The answer is a. Mikki can be required to sign a release before receiving her common law pay, but it cannot be a requirement for her to receive her statutory entitlements. Functional Area: A1 Rationale(s): A is correct. Only Mikki’s common law payments can be withheld in this manner. B is incorrect. The employer cannot withhold Mikki’s statutory severance payments. C is incorrect. The employer may require Mikki to sign a release before paying her common law entitlements. Reference(s): Filsinger, 2015, pp. 466-467. theglobeandmail.com: “I was terminated. Do I have to sign a release?” ( http://www.theglobeandmail.com/report-on-business/careers/career-advice/life-at-work/i-was-terminated-do-i-have-to-sign-a-release/article10199468/). www.carters.ca: “Employee Termination ‘Dos’ and ‘Don’ts’.” (http://www.carters.ca/pub/bulletin/charity/2013/chylb308.htm).
Mikki has worked for the past 10 years as a tour guide for a non-profit company, Made in Canada, which promotes tourism to lesser-known mid-sized Canadian cities. It has offices in Peterborough, Ontario; Saskatoon, Saskatchewan; and Fredericton, New Brunswick. Mikki works in Peterborough and conducts tours highlighting different aspects of the city’s downtown core. While Mikki is good at her job, the company is downsizing and has decided that her position will be eliminated. Mikki is currently on maternity leave, and her manager, Jay, proposes that she be provided with working notice that would take place concurrently with her leave. Darius, the HR generalist at Made in Canada, has some reservations about Jay’s idea. Taking these concerns to heart, Jay decides instead to terminate someone else. Mikki returns to work after her leave and continues to work for the company for another 6 months without issue. Unfortunately, the organization is still in financial difficulty and decides it must lay off more employees. Jay decides to terminate Mikki at that time, and informs her that before she can receive her statutory or common law severance, she must sign a full release promising not to sue the company for wrongful dismissal. Mikki was usually paid on the first day of each month. She is officially terminated as of May 7. When should she expect to receive her statutory termination pay? a) 14-May b) 01-Jun c) 07-Jun
The answer is b. 01-Jun Functional Area: A1 Rationale(s): A is incorrect. She is required to be paid within 7 days or on her next payday, whichever is later. B is correct. This would be her next regular payday. C is incorrect. This would be an unacceptably long time for her to wait for payment. Reference(s): Ontario Ministry of Labour: “Termination of Employment” (https://www.labour.gov.on.ca/english/es/pubs/guide/termination.php#pay). Filsinger, 2015, Chapter 14.
Mikki has worked for the past 10 years as a tour guide for a non-profit company, Made in Canada, which promotes tourism to lesser-known mid-sized Canadian cities. It has offices in Peterborough, Ontario; Saskatoon, Saskatchewan; and Fredericton, New Brunswick. Mikki works in Peterborough and conducts tours highlighting different aspects of the city’s downtown core. While Mikki is good at her job, the company is downsizing and has decided that her position will be eliminated. Mikki is currently on maternity leave, and her manager, Jay, proposes that she be provided with working notice that would take place concurrently with her leave. Darius, the HR generalist at Made in Canada, has some reservations about Jay’s idea. Taking these concerns to heart, Jay decides instead to terminate someone else. Mikki returns to work after her leave and continues to work for the company for another 6 months without issue. Unfortunately, the organization is still in financial difficulty and decides it must lay off more employees. Jay decides to terminate Mikki at that time, and informs her that before she can receive her statutory or common law severance, she must sign a full release promising not to sue the company for wrongful dismissal. How much statutory termination pay is Mikki entitled to? a) 5 weeks b) 8 weeks c) 10 weeks
The answer is b. 8 weeks Functional Area: A1 Rationale(s): A is incorrect. This is 3 weeks short of her termination entitlement. B is correct. She earns 1 week per year up to a maximum of 8 weeks. C is incorrect. 10 weeks would be her severance entitlement if her company had a payroll of $2.5 million or was terminating 50 or more employees in a 6-month period. Reference(s): Unit 11: Termination, Module 13: Severance Pay Employment Standards Act, 2000, S.O. 2000, c. 41.
Mikki has worked for the past 10 years as a tour guide for a non-profit company, Made in Canada, which promotes tourism to lesser-known mid-sized Canadian cities. It has offices in Peterborough, Ontario; Saskatoon, Saskatchewan; and Fredericton, New Brunswick. Mikki works in Peterborough and conducts tours highlighting different aspects of the city’s downtown core. While Mikki is good at her job, the company is downsizing and has decided that her position will be eliminated. Mikki is currently on maternity leave, and her manager, Jay, proposes that she be provided with working notice that would take place concurrently with her leave. Darius, the HR generalist at Made in Canada, has some reservations about Jay’s idea. Taking these concerns to heart, Jay decides instead to terminate someone else. Mikki returns to work after her leave and continues to work for the company for another 6 months without issue. Unfortunately, the organization is still in financial difficulty and decides it must lay off more employees. Jay decides to terminate Mikki at that time, and informs her that before she can receive her statutory or common law severance, she must sign a full release promising not to sue the company for wrongful dismissal. Darius terminates Mikki, providing her with a combination of working notice and pay in lieu of notice. Mikki takes the news of her termination hard and is very distraught. Only 2 days into her working notice period, Mikki provides her employer with two weeks notice and resigns. Which of the following is true? a) Mikki forfeits any termination and severance pay she may have been owed. b) Mikki’s severance entitlement may remain the same. c) Mikki forfeits the continuation of her benefits but will still receive her salary for the remainder of the notice period.
The answer is b. Mikki’s severance entitlement may remain the same. Functional Area: A1 Rationale(s): A is incorrect. An employee who resigns during their notice period does not necessarily forfeit all of their termination entitlements. B is correct. Mikki would not necessarily lose her Severance entitlements in this case. . C is incorrect. Any removal of funds/pay would not be based on a distinction between termination pay and benefits (in any disciplinary scenario), it would be based on a shortening of all benefits for a period (based on previous and other employment law outside of this jurisdiction). Reference(s): Unit 11: Termination, Module 13: Severance Pay Ontario Ministry of Labour: “Severance Pay” (https://www.labour.gov.on.ca/english/es/pubs/guideseverance.php/).
