AFM231 Chapter Notes - Chapter 21: Substance Abuse, Disability Insurance, Fiduciary
13 Sep 2015
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Employee resigns or leaves at the end of fixed-term employment contract. When employer summarily dismisses, or fires employee. Employer acts in manner that employment relationship becomes untenable. It is implied that termination can be given without notice if there is just cause can be override by collective or individual employment contracts; also subject to exceptions to teachers, police officers, firefighters, etc. Also implied that an employer may terminate employment contract by giving reasonable notice of termination. No requirement of cause override by employment contract; provincial and federal employment standards legislation provides for notice periods and procedures on dismissal this sets the minimum. Just cause: employee conduct that amounts to a fundamental breach of employment contract. Exists when employee found guilty of one or more of following: serious misconduct, habitual neglect of duty. Incompetence: conduct incompatible with duties or prejudicial to employer"s business, willful disobedience in a matter of substance.
