What are the factors that a court considers in determining reasonable notice when
an employer dismisses an employee without just cause.
2. In Machtinger v. HOJ the court decided two things that might be considered controversial.
The first is that parties may not contract below the legislated minimum standards. The
second was that even after the employer paid Machtinger the legislated minimum, the court
said that this was inadequate. What do you think of this result? Ought contractors to be able
to contract below the legislated minimums? If so, why? Are there special circumstances in
which it might be permissible but not at other times? Do you agree that Machtinger ought to
have received more than the minimum after having initially agreed to nothing at all?
3. How concerned are you about an employer’s ability to summarily dismiss someone for
behaviour undertaken on their own time? For what kinds of off-duty behaviour do you think
the employer ought to be able to summarily dismiss an employee? What privacy concerns
should be considered?
4. You are an HR consultant. One of your clients, an employer (Joseph), has contacted you
about the following situation. He has just finished a performance evaluation meeting with
one of his employees, Allan. Allan became very upset during the meeting and at the end of it
got up and shouted: “Okay, if that’s the way you feel about me, I quit!” Joseph is delighted
with the resignation because Allan has been a difficult employee from the time he was hired
three years ago, but he wonders whether there’s anything he needs to know about the law in
this area before he starts hiring a replacement for Allan. Advise Joseph.
5. What is “innocent absenteeism”? In what circumstances is an employer expected to satisfy the
duty to accommodate to the point of undue hardship in the case of innocent absenteeism?
please anser all questions based on canadian rights in workforce