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Anne has worked for ABC Inc for four months. The company is non-unionized. She didnt sign a contract for an extended probation period. She has been consistently 30min-1hr late for work. She has had one disciplinary meeting with her supervisor in which she was told that her lateness is unacceptable and could result in termination.
- Anne knew what was expected of her
- Anne had a warning- with immediate consequences provided
- Anne is not in probation period anymore so just cause is NEEDED.
- reason: misconduct (lateness, time, six day allowances)
Bill has worked for Ford Motor Company for 35 years. Bill is 3 years away from retirement. He has had a string of heart issues where he has had sick leave, taken sick days and has had to leave work on multiple occasions. He has documentation and proof for his illnesses. He is called into his supervisors office one wed afternoon and is terminated. He receives four weeks pay in lieu of notice of termination. His severance package is noticeably low.
A. The employment relationship ended due to a permanent discontinuance of the employer’s business and the employee is one of at least 50 employees who have had their contract severed in the last six months as a result
OR
B. The employer has a payroll of $2.5 million or more.
• Paquette c. Quadraspec Inc.
- Bill needs 8 weeks notice of termination or pay in lieu notice
- Just cause?
- Severance pay: years of service, skills
- issues with retirement
Termination consists of:
- The ESA outlines the minimum standards employees and employers must follow follow
- standard of cause is extremely high- falls on HR
Burden of proof falls on employer
- Pay in place of required notice of termination (termination pay)
- Severance pay compensates an employee for loss of seniority and specific skills and recognized years of service (ESA standards)
ESA section 54:
- not able to fire employee with 3+ months without: notice of termination or pay in lieu of notice. (under 1 yr= 1 week, 5-6yr=5 yrs)