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In particular, the term "employer" should recognize "the complexity of modern corporate structures" without revoking or denying "legitimate entitlements of wrongfully dismissed employees". [2] The judgement also stated that a contract by itself cannot be determinative of an employer-employee relationship, as this would allow employers to evade ...
The Employment Standards Act, 2000 [1] (the Act) is an Act of the Legislative Assembly of Ontario. The Act regulates employment in the province of Ontario, including wages, maximum work hours, overtime, vacation, and leaves of absence. It differs from the Ontario Labour Relations Act, which regulates unionized labour in Ontario.
An example of cause would be an employee's behavior which constitutes a fundamental breach of the terms of the employment contract. Where cause exists, the employer can dismiss the employee without providing any notice. If no cause exists yet the employer dismisses without providing lawful notice, then the dismissal is a wrongful dismissal.
Most US states have adopted the at-will employment contract that allows the employer to dismiss employees without having to provide a justified reason for firing, although the variety of court cases that have come out of "at-will" dismissals have made such at-will contracts ambiguous. [6] Often, an at-will termination is handled as a "layoff".
Nicholson was employed for a period of 15 months by the regional police of Haldimand County when he was terminated without any reason given. The employer claimed that the Police Act allowed them to dismiss him at will, as he was still within an 18-month probationary period of employment. Nicholson, however, argued that he had a common law right ...
A less severe form of involuntary termination is often referred to as a layoff (also redundancy or being made redundant in British English). A layoff is usually not strictly related to personal performance but instead due to economic cycles or the company's need to restructure itself, the firm itself going out of business, or a change in the function of the employer (for example, a certain ...
There are two basic types of dismissals, or terminations: dismissal with cause [21] and termination without cause. An example of cause would be an employee's behavior which constitutes a fundamental breach of the terms of the employment contract. Where cause exists, the employer can dismiss the employee without providing any notice.
There were no full-time shifts available that did not require work on Friday and Saturday and so the company terminated her employment. Simpsons-Sears argued that by requiring all its employees to work Fridays and Saturdays, it was not intentionally trying to discriminate against her, but it was a neutral requirement it imposed on all employees.
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