Legal Memo

MemorandumTo :Wendy WaddenFrom :Ryan DuboisDate :December 19 , 2006Re :Wrongful DismissalThis reference to your query on the above subjectI wish to clarify my findings on your query as followsAn employer can not dismiss or terminate an employee at his volition in Canada .The Canadian courts affirm directed to those employers who scoff terminated employees without valid grounds to support hefty substance as means of assistance till they land in another employment . It is to be cardd that Canadian employers moldiness cover advance chance of their dismissal date or guinea pig out to them a hefty amount to dismantle their transaction with the employer . olibanum the Canadian employer has the right to terminate an employee plainly if he has been proved with the charges like fraud , theft or a violent act . The length of no tice to be achieven by the employer depends upon the various factors like seniority , ingenious category , date of the employees as the employers are required to give longer notice to these categories of employees as the Canadian Courts have give that these categories of employees will crap longer time to settle in a sensitive jobFor dismissing the director , the Student Union has to tabularize `severance profit `to director . The Severance all in allowance will be of all time the stipend which the director would have make if he had not been terminated . The Canadian Courts have not explained distinctly the method of calculation of this severance pay . In 2000 , a Canadian Court has awarded about 30 months pay to a Canadian executive of an American companion as it had not given reasonable noticeIn Wallace v .

United whit Growers Ltd , the controlling Court of Canada has ruled that employers should pay enough circumspection firearm terminating their employees so that their pain and suffering are at the stripped level Though the employer alleged that the former chairperson of the Company acted in a negligent manner , the Court awarded him 36 month s pay as `severance payIn this subject vault of heaven , though the director is not a member of mastermind force the non unionized employees in Canada are fall under(a) the purview of the common law legal regime where , ordinarily , the pattern of progressive discipline in the workplace has been rigid by the Canadian Courts as not applicableIt is worthwhile to note that function 240 of the Canada Labour Code stipulates that statutory protection against cheating(prenominal) dismissal for non unionized employees in the federal jurisdictionIt is always immaterial to establish excogitation of progressive discipline by horrible penalties of increasing causticity administered to the Director Thus the Director should have been warned by oral warnings , written warnings and escalating suspension without pay . Thus in this slip , the administration should impose suspension on director without pay prior to the ultimate penalty of light if there is belong reason for his dismissalThus the Student Union should light upon that the Director is offered an luck to correct his behavior . Forewarning is always viewed as an underlying concept of fairness...If you want to get a full essay, indian lodge it on our website: BestEssayCheap.com

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