Termination of Employment SLO: I can understand the terms and conditions associated with fair workplace practices. I can understand the difference between.

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Presentation transcript:

Termination of Employment SLO: I can understand the terms and conditions associated with fair workplace practices. I can understand the difference between different types of termination.

 Every employment relationship will end at some point in time. Circumstances in which employment relationships end include:  death  retirement  layoff  expiration of an employment contract  resignation  dismissal

 Resignation is the decision of the employee to end the employment relationship, and is binding upon provision of notice. In some provinces, the law requires that an employee provide notice of intention to resign to the employer, in order to facilitate the replacement of the employee with the least disruption to the workplace as is possible. In other provinces, including Saskatchewan, employees are not required to provide notice of intention to terminate the employment relationship, but common practice includes the provision of notice to the employer in advance of departure.  Dismissal is the termination of the employment relationship by the employer. Such termination may occur with notice to the employee, or without notice, providing financial compensation in lieu of notice is paid when the termination occurs without cause.

 Terminations for cause, in which the employer terminates the employment relationship because of some wrongdoing by the employee, does not require notice be provided. However, in situations of termination for cause, other than theft, the employer must have warned the employee and provided the employee with a chance to change prior to termination. If not, the employee may seek remedy from the court alleging wrongful dismissal.  Decisions by the courts regarding wrongful dismissal are specific to the circumstances of each individual action, and are based upon the common law and statute law of the jurisdiction.

Employment Insurance  Employers and employees pay a percentage of employee earnings to a fund established under the Employment Insurance Act, a federal statute that provides a temporary cushion against financial hardships of job loss. Those who are self employed, or are independent contractors, are not eligible to participate in the plan.

Issues in the Law  To what degree should an employer be held liable for the actions of an employee? Explain.  Are students in schools ever subject to constructive dismissal? Explain.  To what degree should the employee owe loyalty to an employee? An employee to an employer? Explain.