LAW 529 Chapter Notes - Chapter 14: Constructive Dismissal, Wrongful Dismissal, W. M. Keck Observatory
21 Oct 2016
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Law 529 chapter 14: termination and severance pay. The purpose of termination notice is to provide an employee with time, while still being paid to look for another job. Esa sets out minimum obligations on termination: Individual notice of termination (or pay in lieu); s. 57: mass notice of termination (or pay in lieu); (s. 58 of esa and s. 3 of (statutory) severance pay. (ss. Employee cannot file a claim with the ministry of labor 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. How to decide: there are very limited remedies through the ministry enforcement mechanism, with shorter timelines, and less accountability.
