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Non-Unionized Employees

Non-Unionized Employees. The employment contract. The employer/employee relationship is governed by contract Each contract has terms Where one party breaches those terms, the other can sue for damages. Cause vs. Not for Cause Firing. Anyone can be fired!

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Non-Unionized Employees

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  1. Non-Unionized Employees

  2. The employment contract • The employer/employee relationship is governed by contract • Each contract has terms • Where one party breaches those terms, the other can sue for damages.

  3. Cause vs. Not for Cause Firing • Anyone can be fired! • The difference is the reason behind the firing. • Cause = a good reason • Not for cause = no good reason • Cause = immediate and with no severance • Not for cause = notice period or severance pay

  4. What is cause? • What is cause? • It is impossible to outline all the activities that would constitute cause and each case turns on its facts. • As a generalization, where an employee has engaged in any of the following it has been held to be cause for discharge:

  5. What is cause? • 1. Serious misconduct: Theft, dishonesty and assault are generally held to be serious misconduct. Conduct such as absenteeism, lateness and poor performance is usually not serious misconduct unless there has been some form of progressive discipline (duty of accommodation)

  6. What is cause? • 2. Habitual neglect of duty or incompetence: For this to be cause, the employee has to clearly understand the requirements of the job, the requirements have to be reasonable and despite the problems being brought to the employee’s attention, assistance offered. A reasonable time period must be given for improvement. (duty of accommodation)

  7. What is cause? • 3. Conduct incompatible with the employee’s duties or prejudicial to the employer’s business: Engaging in activities during the workday that interfere with employment obligations or that compete with an employer’s business is generally considered cause. (duty of accommodation)

  8. What is cause? 4. Willful disobedience to the employer’s orders: When a clear instruction has been given by a manager and the instruction has been challenged or disobeyed by an employee, in certain situations this can be cause. (duty of accommodation)

  9. Burden and Standard of Proof • In terminating an employee for cause, the onus is on the employer to prove the existence of just cause beyond the balance of probabilities. • The finding of cause must be based on real incompetence or misconduct, rather than simple dissatisfaction with performance or concern as to a potential misconduct.

  10. Consequences • http://www.labour.gov.on.ca/english/es/tools/severance/index.php

  11. Constructive dismissal • Remember this guy? • Milton • Did they fire Milton? • Yes they did.

  12. Constructive Dismissal • occurs when employeesresign because their employer's behaviour has become so intolerable or heinous or made life so difficult that the employee has no choice but to resign. Because the resignation was not truly voluntary, it is in effect a termination. • Where the employer unilaterally changes the nature of the employment contract to the employee’s detriment, the employee can consider that contract to be breached and sue for damages.

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