Analysis
1. Weeks of notice of termination or pay in lieu of notice.
According to the Employment Standard Act (ESA) 2000, Ethan should be given four weeks of notice since he has been working for the company for more than four years but less than five years.
A similar case at Lougheed Imports v. Local was undergone in 2010, where employees posting a few comments about their employer on Facebook was deemed proper cause for the termination of their employment. By contextualizing the following dilemma with similar happenings, it is evident that Ethan’s public assessment of the retirement home as well as their management acted as a trigger for the supervisor to confide in the human resource department; ultimately beginning the conversation of his termination.
Regardless of actions Lougheed Imports V. Local had taken towards the termination of their own employees, it is important for Sunny Meadows to base their actions on the …show more content…
2000, c. 41, s. 64 (1).”
Sunny meadows are not required to pay any severance pay to Ethan as he wasn’t employed for more than five years in Sunny Meadows and neither Sunny meadows is discontinuing their business which would have led to termination of 50 employees. In short, Under ESA, Ethan will not be entitled to any severance pay and shall be paid only in lieu of notice and for unused vacation which is 4% of his salary.
4. Common law reasonable notice There are several aspects that the court will analyze in this case: the nature of the employment, the number of years the employee has worked in the company, the age of the employee, and the availability of alternative employment (Keays V. Honda). Also it should be noted that there is no reasonable notice period when an employee is being dismissed with cause.If Ethan can easily find another similar job, then the court will follow ESA notice requirements.
5. Reasons for dismissal
The following are factors the courts will put into
1. Weeks of notice of termination or pay in lieu of notice.
According to the Employment Standard Act (ESA) 2000, Ethan should be given four weeks of notice since he has been working for the company for more than four years but less than five years.
A similar case at Lougheed Imports v. Local was undergone in 2010, where employees posting a few comments about their employer on Facebook was deemed proper cause for the termination of their employment. By contextualizing the following dilemma with similar happenings, it is evident that Ethan’s public assessment of the retirement home as well as their management acted as a trigger for the supervisor to confide in the human resource department; ultimately beginning the conversation of his termination.
Regardless of actions Lougheed Imports V. Local had taken towards the termination of their own employees, it is important for Sunny Meadows to base their actions on the …show more content…
2000, c. 41, s. 64 (1).”
Sunny meadows are not required to pay any severance pay to Ethan as he wasn’t employed for more than five years in Sunny Meadows and neither Sunny meadows is discontinuing their business which would have led to termination of 50 employees. In short, Under ESA, Ethan will not be entitled to any severance pay and shall be paid only in lieu of notice and for unused vacation which is 4% of his salary.
4. Common law reasonable notice There are several aspects that the court will analyze in this case: the nature of the employment, the number of years the employee has worked in the company, the age of the employee, and the availability of alternative employment (Keays V. Honda). Also it should be noted that there is no reasonable notice period when an employee is being dismissed with cause.If Ethan can easily find another similar job, then the court will follow ESA notice requirements.
5. Reasons for dismissal
The following are factors the courts will put into