Termination - Summary Dismissal/Reasonable notice Flashcards
Module 4
What are the methods of employment contract termination?
By expressed term: fixed duration or termination clause.
By implied term: reasonable notice or resignation.
By frustration: performance becomes impossible.
By summary dismissal: serious breach by the employee.
By constructive dismissal: employer repudiates the contract.
What is termination by reasonable notice?
An implied term allowing termination with notice sufficient for the employee to find alternative employment, considering factors like service length, age, and role.
What are the Bardal factors for determining reasonable notice?
Length of service.
Age of the employee.
Type of employment.
Availability of similar employment.
Economic conditions.
How do economic conditions affect reasonable notice?
Courts may extend notice periods during economic recessions but do not shorten them during economic booms.
What is termination by frustration?
When unforeseen events, like death, disability, or natural disasters, make contract performance impossible. Both parties are released from their obligations.
Can offering disability benefits prevent frustration of contract?
No, providing disability benefits does not negate frustration, as the benefits aim to replace income, not to assess the employment contract.
What is summary dismissal?
Immediate termination without notice due to a fundamental breach of contract by the employee, such as gross misconduct or dishonesty.
What are common grounds for summary dismissal?
Gross incompetence.
Dishonesty.
Safety violations.
Insubordination.
Harassment or violence.
Off-duty conduct impacting the employer.
What is the role of progressive discipline in cumulative misconduct?
Employers must:
Warn the employee.
Give a chance for improvement.
Show that cumulative acts harmed the business.
How does off-duty conduct justify dismissal?
If it harms the employer’s reputation, prevents employee duties, or breaches the Criminal Code, it may warrant termination.
What is the test for off-duty conduct impacting employment?
Harm to employer reputation or product.
Inability of the employee to perform duties.
Impact on other employees’ willingness to work with the individual.
When does harassment justify summary dismissal?
When it involves serious offenses like threats, physical assaults, or persistent unwelcome behavior that violates human rights or workplace policies.
How is dishonesty treated in summary dismissal?
Not all dishonesty justifies dismissal; it must be serious, intentional, and directly related to the employment.
What considerations apply to termination for IT misuse?
Employers should have clear policies on IT use. Excessive misuse, especially for illegal activities, may justify dismissal if warnings are provided.
What obligations do employers have regarding frustration and accommodation?
Employers must consider human rights obligations to accommodate disabilities before claiming frustration, but this varies by jurisdiction.
