Hr and Termination

2872 words 12 pages
GRADE: 76%
Nice discussion of how the company might work with the employee through progressive discipline, and of how just cause dismissal could be implemented at the end of this process. Constructive dismissal is not recommended due to the risks associated with it. Barnetson indicates (in the study guide) that employers can lawfully terminate employment in three ways: just cause, non-culpable dismissal, and mutual consent, therefore, it would have been better to discuss non-culpable dismissal or mutual consent as your second option. See additional comments within (in red font). NOTE: comments will not be visible from your e-mail file viewer; you will need to download and open the file using a word processing program – e.g. MS word.
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According to an oft-cited Supreme Court of Canada case it’s explained as:

• “ When an employer decides unilaterally to make substantial changes to the essential terms of an employee’s contract of employment and the employee doesn’t agree to the changes and leaves their job.( The employee has not resigned, but has been dismissed. By unilaterally seeking to make substantial changes to the essential terms of the employment contract, the employer is ceasing to meet it’s obligations and is therefore terminating the contract.( The employee can then treat the contract as resilient for breach and can leave. “ The employee is still entitled to compensation in lieu of notice.- right, this means that the employer, instead of using constructive dismissal, should opt for non-culpable dismissal, or just-cause dismissal.

The types of unilateral changes to the employment contract may include: ( Study Guide page 60 )

• forced transfer • demotion • forced resignation • forced retirement • unilateral reduction in salary or wages • suspension or lay-off • major change in duties and responsibilities • other elements that may cause the employee to feel they have no choice but to resign ( Chapter 3 page 87 )

The risk to the employee is very high risk, since they may be resigning from

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