Posted: November 28th, 2014

Terminating the Employment Relationship

Terminating the Employment Relationship

Order Description

All instructions are specified in the attached document. Please refer to the Canadian Laws. Your best resource for this case would be the book “Employment Law for Business and Human Resources Professionals” the 2nd edition by Gail McKay, Barry Gaetz, Kathryn J. Filsinger, Terrence Harris, & Kelly Williams- Whitt.

QUESTIONS
1. Specify what must be shown in order for the company to prove just cause? There are two approaches that judges take when assessing whether or not a company had just cause to dismiss an employee. Describe both approaches. Apply any facts necessary from the information provided above, or any cases referred to in the textbook, to each of these approaches. Based on your use of the legal tests you will describe, specify whether or not you believe the company was justified in dismissing Susan without giving notice.
2. No matter what you determined in Question 1, for question 2 assume that Susan was wrongfully dismissed. Describe the minimum and maximum standards that the court can apply when determining how much ABC Ltd. should pay Susan (use specific numbers for her situation). Discuss what the basic entitlement is meant to do in these situations and all additional payments, etc., that must be included during the notice period. In addition to the basic entitlement, are there any other remedies that Susan is entitled to? If so, Please specify what she could receive and justify the reason(s) why or why not? Please refer to any cases that support your conclusion, if necessary.
Good answers will:
provide an explanation of the applicable laws and tests; • will apply Susan’s facts to the tests to determine a definitive answer (while considering factors that would suggest an alternate answer); • will specify the appropriate remedies (without irrelevant or incorrect awards); and • will provide references to any specific cases and/or statutes, where applicable, to support your conclusions.
Answers can be found in the textbook, but there is no need to reference the page # or its author, just cite cases/statutes, as needed.
Grading:
You will be marked the same way as each of the prior written assignments. You will get a mark for the quality of your content. In other words, I will look at whether you covered all of the relevant issues and did so comprehensively. I will look to see that the advise you give is accurate and correct and would not lead Susan to act in a way that would adversely affect her. The writing qualifier will amend your content grade. You need to write well, follow the formatting instructions and cite your work properly. This includes creating a cover page and a works cited page and cite your law accurately. As this is the 3rd assignment I will be strict in marking those aspects of your writing modifier which have been taught and for which you have received ample feedback.
Please also note that you must pass this assessment in order to pass the course. A failing mark on this assignment will result in a failing mark in the course, no matter what your overall average is with the rest of your course work (Please see Note 1 in your course presentation for more information).

HRMT 3125 ASSIGNMENT #3 — Terminating the Employment Relationship (15%)
Please completely answer both questions listed below. Your answers may be no more than four pages, double-spaced, Times Roman 12-point font with a 1-inch margin. Please print a hard copy and bring it to next class. It must be stapled and have your full name and section number on it. The answers should be in paragraph form, but may be separated based on question number. Please provide a cover page and bibliography.
FACTS
Susan was hired by ABC Ltd. as a receptionist at age 18. During her first year there were a few issues that concerned the HR department. She socialized a lot in the staff room during office hours. This was something that other employees would do as well, but those employees made sure to get their work done first. The HR manager did not say anything, but decided to keep an eye on Susan.
Later, during that first year, Susan got into trouble for making a long distance phone call from work. She was apologetic about the circumstance and paid back the $15.00. The Company sent a letter to Susan and noted the issue in her employee record.
Susan ended up working hard and became a secretary and then moved up to sales representative for the company. For years she received nothing but complimentary evaluations and had been at the company for a total of ten years before the following issue arose.
ABC Ltd. learned that Susan was doing extra work on the side for one of their clients. Even though the client did not compete with ABC Ltd. and ABC Ltd. lost no money from Susan’s outside work, she had breached their conflict of interest policy. The policy clearly stated that employees could not do any outside work while employed at ABC Ltd.
When ABC Ltd. learned Susan was working for the client they immediately fired her and told her not to come to work the next day. They also sent a company-wide email letting everyone in the firm know what had happened. They wanted all employees to understand that they took their conflict of interest policy seriously and that people who ignore the policy would be punished. They felt it important to follow the policy they set in order to deter any other employees from doing the same.
Susan wrote a letter to the company explaining that she had only worked for the client once. It was a weekend trade show and the client needed some extra sales help. She did not think that it would cause any harm to ABC Ltd. Furthermore, she needed the extra money as her mother had gotten sick and the family needed extra cash to help pay for the medications. Despite her explanation, ABC Ltd. refused to let her return to work. They told her that they felt her loyalty to the company was compromised since she did not follow the clearly outlined policy. Susan was very upset and told the company they had no right to fire her. She also said that even if they did, it was insensitive to embarrass her by emailing the events of her firing to the whole company.
Susan has initiated a lawsuit for wrongful dismissal; the company has pleaded a defense of just cause.

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