Section 15 Flashcards
Nalini works in the HR department of a major multinational sports drink retailer, Hydration Stations, which operates stores in several countries. Working in the southern Ontario division, she has been tasked with overseeing the termination of employees from 6 different stores. She is currently working on the termination of 3 managers. Dawn, aged 40, has worked with the company for 2.5 years. Although she is a competent worker, Dawn has developed a reputation for having a fiery temper when roused. She is skilled at her job but does not handle stress well, and she often clashes with other employees. Ellen, aged 60, has worked for the company for just over 8 years. She is not as competent in her day-to-day duties as expected for someone who has worked for the company for that long, but she possesses excellent interpersonal skills and handles stress and pressure well. Lucas, aged 28, is a skilled employee of 10.5 years. He would be considered an exemplary employee if it were not for his frequent outbursts of extreme anger. Although these outbursts seem to be related to issues in his personal life, the outbursts can occur at any time and for seemingly any reason. Although not the industry standard, the company’s policy when terminating employees is to provide a working notice period whenever possible. Nalini must determine whether working notice would be appropriate for Dawn, Ellen, and Lucas. Of the 3 employees Nalini must terminate, which employee is the best candidate for a working notice period? a) Dawn b) Ellen c) Lucas
The answer is b. Ellen Functional Area: A1 Rationale(s): A is incorrect. Dawn’s seeming inability to handle stress makes her a poor candidate for a working notice. B is correct. Of the 3, Ellen is the most likely to be able to handle the situation in a professional manner. C is incorrect. Lucas’s outbursts make him a poor candidate for a working notice. Reference(s): Filsinger, 2015, pp. 435-436. Financial Post: “Pitfalls and advantages of working notice” (http://business.financialpost.com/executive/careers/pitfalls-and-advantages-of-working-notice).
Nalini works in the HR department of a major multinational sports drink retailer, Hydration Stations, which operates stores in several countries. Working in the southern Ontario division, she has been tasked with overseeing the termination of employees from 6 different stores. She is currently working on the termination of 3 managers. Dawn, aged 40, has worked with the company for 2.5 years. Although she is a competent worker, Dawn has developed a reputation for having a fiery temper when roused. She is skilled at her job but does not handle stress well, and she often clashes with other employees. Ellen, aged 60, has worked for the company for just over 8 years. She is not as competent in her day-to-day duties as expected for someone who has worked for the company for that long, but she possesses excellent interpersonal skills and handles stress and pressure well. Lucas, aged 28, is a skilled employee of 10.5 years. He would be considered an exemplary employee if it were not for his frequent outbursts of extreme anger. Although these outbursts seem to be related to issues in his personal life, the outbursts can occur at any time and for seemingly any reason. Although not the industry standard, the company’s policy when terminating employees is to provide a working notice period whenever possible. Nalini must determine whether working notice would be appropriate for Dawn, Ellen, and Lucas. Nalini needs to terminate all 3 employees on the same day. How should she serve each employee with their notice of termination? a) All should receive their notices in person. b) Ellen should receive her notice in person. Dawn and Lucas should receive their notices electronically. c) Ellen and Lucas should receive their notices in person. Dawn should receive her notice electronically.
The answer is b. Ellen should receive her notice in person. Dawn and Lucas should receive their notices electronically. Functional Area: A1 Rationale(s): A is incorrect. While this is usually the preferred method of service, Lucas may be a candidate for electronic service given his outbursts, and Dawn due to her inability to handle stress. B is correct. Lucas and Dawn should both be served notice electronically to minimize the risk of a potentially violent reaction. C is incorrect. Lucas is a poor candidate for in-person service of his termination. Reference(s): Unit 11: Termination, Module 9: Service, Deadlines, and Exemptions www.carters.ca: “Employee Termination ‘Dos’ and ‘Don’ts’” (http://www.carters.ca/pub/bulletin/charity/2013/chylb308.htm). Financial Post: “The hardest part of being a manager: How to terminate an employee” (http://business.financialpost.com/executive/c-suite/the-hardest-part-of-being-a-manager-how-to-terminate-an-employee).
Nalini works in the HR department of a major multinational sports drink retailer, Hydration Stations, which operates stores in several countries. Working in the southern Ontario division, she has been tasked with overseeing the termination of employees from 6 different stores. She is currently working on the termination of 3 managers. Dawn, aged 40, has worked with the company for 2.5 years. Although she is a competent worker, Dawn has developed a reputation for having a fiery temper when roused. She is skilled at her job but does not handle stress well, and she often clashes with other employees. Ellen, aged 60, has worked for the company for just over 8 years. She is not as competent in her day-to-day duties as expected for someone who has worked for the company for that long, but she possesses excellent interpersonal skills and handles stress and pressure well. Lucas, aged 28, is a skilled employee of 10.5 years. He would be considered an exemplary employee if it were not for his frequent outbursts of extreme anger. Although these outbursts seem to be related to issues in his personal life, the outbursts can occur at any time and for seemingly any reason. Although not the industry standard, the company’s policy when terminating employees is to provide a working notice period whenever possible. Nalini must determine whether working notice would be appropriate for Dawn, Ellen, and Lucas. Nalini considers providing each employee with payment in lieu of notice. How many weeks of termination pay would each employee be entitled to under the Employment Standards Act, 2000? a) Dawn is entitled to 2 weeks, Ellen to 8 weeks, and Lucas to 8 weeks. b) Dawn is entitled to 2 weeks, Ellen to 8 weeks, and Lucas to 10 weeks. c) Dawn is entitled to 3 weeks, Ellen to 8 weeks, and Lucas to 11 weeks.
The answer is a. Dawn is entitled to 2 weeks, Ellen to 8 weeks, and Lucas to 8 weeks. Functional Area: A1 Rationale(s): A is correct. Both Ellen and Lucas are entitled to the maximum 8 weeks’ notice. B is incorrect. The maximum termination notice employees are entitled to under the ESA is 8 weeks. C is incorrect. This is more than the ESA maximum for both Dawn and Lucas. Reference(s): Unit 11: Termination, Module 9: Service, Deadlines, and Exemptions Ontario Ministry of Labour: “Termination of Employment” (https://www.labour.gov.on.ca/english/es/pubs/guide/termination.php)
Nalini works in the HR department of a major multinational sports drink retailer, Hydration Stations, which operates stores in several countries. Working in the southern Ontario division, she has been tasked with overseeing the termination of employees from 6 different stores. She is currently working on the termination of 3 managers. Dawn, aged 40, has worked with the company for 2.5 years. Although she is a competent worker, Dawn has developed a reputation for having a fiery temper when roused. She is skilled at her job but does not handle stress well, and she often clashes with other employees. Ellen, aged 60, has worked for the company for just over 8 years. She is not as competent in her day-to-day duties as expected for someone who has worked for the company for that long, but she possesses excellent interpersonal skills and handles stress and pressure well. Lucas, aged 28, is a skilled employee of 10.5 years. He would be considered an exemplary employee if it were not for his frequent outbursts of extreme anger. Although these outbursts seem to be related to issues in his personal life, the outbursts can occur at any time and for seemingly any reason. Although not the industry standard, the company’s policy when terminating employees is to provide a working notice period whenever possible. Nalini must determine whether working notice would be appropriate for Dawn, Ellen, and Lucas. Based on her knowledge of the Bardal factors, which of the 3 employees should Nalini recommend receive the most notice of termination under common law? a) Dawn b) Ellen c) Lucas
The answer is b. Ellen Functional Area: A1 Rationale(s): A is incorrect. Dawn is still relatively young and has not been with Hydration Stations for too long a period. B is correct. Ellen’s relatively long service, and her age, mean she will be entitled to considerable common law notice. C is incorrect. Though he has been employed the longest, he is young. As such, Lucas should have less difficulty securing future employment than the others. Reference(s): Unit 11: Termination, Module 4: Notice Requirements at Common Law Bardal v. Globe & Mail Ltd.(1960), 24 DLR (2d) 140
Nalini works in the HR department of a major multinational sports drink retailer, Hydration Stations, which operates stores in several countries. Working in the southern Ontario division, she has been tasked with overseeing the termination of employees from 6 different stores. She is currently working on the termination of 3 managers. Dawn, aged 40, has worked with the company for 2.5 years. Although she is a competent worker, Dawn has developed a reputation for having a fiery temper when roused. She is skilled at her job but does not handle stress well, and she often clashes with other employees. Ellen, aged 60, has worked for the company for just over 8 years. She is not as competent in her day-to-day duties as expected for someone who has worked for the company for that long, but she possesses excellent interpersonal skills and handles stress and pressure well. Lucas, aged 28, is a skilled employee of 10.5 years. He would be considered an exemplary employee if it were not for his frequent outbursts of extreme anger. Although these outbursts seem to be related to issues in his personal life, the outbursts can occur at any time and for seemingly any reason. Although not the industry standard, the company’s policy when terminating employees is to provide a working notice period whenever possible. Nalini must determine whether working notice would be appropriate for Dawn, Ellen, and Lucas. Of the 3 employees, who is likely to be entitled to the least termination benefits under common law? a) Dawn b) Ellen c) Lucas
The answer is a. Dawn Functional Area: A1 Rationale(s): A is correct. Her short length of service means that it would cost less to terminate her without cause, as she is likely to be entitled to a shorter notice period. B is incorrect. Ellen’s age and length of service mean that she already has 2 of the Bardal factors in her favour; her termination would therefore likely prove costly and should be handled with much care. C is incorrect. Lucas is still young and will not be entitled to as much notice as Ellen, despite his longer service. Reference(s): Filsinger, 2015, p. 431.
