LAW 529 Lecture Notes - Lecture 6: Kbr (Company), Substance Abuse, Absenteeism
20 Oct 2016
School
Department
Course
Professor
Document Summary
Class 6: the end of the employment relationship. Common law predominates: the critical concepts of just cause and reasonable notice are determined by judicial precedent. Minimal statutory intervention: exceptions are minimum statutory notice and for certin employees, statutory severance under the esa. Its extremely difficult to dismiss an employee with just cause. The onus is on the employer to prove just cause for termination. The bar is high; the courts are generally reluctant to find just cause. With the exception of the mass termination provision under the esa [s. 58], there is no statutory minimum notice of resignation. Otherwise, common law me(cid:396)el(cid:455) (cid:396)e(cid:395)ui(cid:396)es the e(cid:373)plo(cid:455)ee to p(cid:396)o(cid:448)ide (cid:862)(cid:396)easo(cid:374)a(cid:271)le(cid:863) (cid:374)oti(cid:272)e of (cid:396)esig(cid:374)atio(cid:374). There are rarely any legal consequences for not doing so. The resignation must be voluntary, clear and not ambiguous. The employee can retract a resignation prior to its acceptance by the employer.
