LAW 529 Lecture Notes - Lecture 4: Wrongful Dismissal, Constructive Dismissal, The Employer
10 Dec 2016
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Class four: chapter 14 termination and severance pay under the. Esa sets out minimum obligation on termination: individual notice of termination (or pay in lieu), mass notice of termination (or pay in lieu), (statutory) severance pay. Notice allows workers to get their affairs in order. Employee cannot file a claim with the ministry of labour against employer for failure to provide termination or severance pay under the esa and sue for wrongful dismissal damages under common law. The employee must withdraw the statutory claim within two weeks of filing the claim. Once the two-week period ends, an action for wrongful dismissal is barred. Termination occurs where the employer: dismisses or stops employing employee, constructively dismisses employee, lays employee off for a period longer than a temporary. Employer may provide terminated employee with either: advance notice of termination, pay in lieu of notice (give money and not work); or, combination of both. Employer must continue paying benefits during statutory notice period.
