This paper discusses the case of an employee who was terminated without cause and the legal implications of the decision. It outlines the facts, sources of law, and policy for businesses to prevent complaints brought after a contract gets ended or a worker gets dismissed from an occupation.
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Running head: EMPLOYEE AND LABOR RELATIONS 1 Employee and Labor Relations Name Institution Date
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EMPLOYEE AND LABOR RELATIONS 2 An appeal of a petitioner, brought an accomplishment for common law damages after she got sacked without reason from her employment with the respondent of the company. The suspect acknowledges that the accuser was terminated without cause but further explains that she got offered the quantity owed instead of notification according to the standings of their work agreement. Accuser defends herself that the deal was annulled for the need of deliberation and claims public rule costs for a break of an inferred term of reasonable notice (Pioro et al., 2013). Several facts and decisions, sources of the law, how the decision is applicable to Alberta, and policy of a business get outlined in this paper. One of the facts is that the offender is the primary concern having many staffs in Canada of which some of them are sales agents. The complainant got hired by the respondent for 25 years as a receptionist, secretary and also as a sales executive in different years. The second fact is that an occupation treaty did not rule the first few years of the complainant's work agreement. The plaintiff signed a contract years in 1981 which agreed that she could get dismissed without reason on two weeks’ pay instead of two weeks’ notice. Third fact is that the sign provided in the agreement was fewer than the least compulsory by the employment standards acts. The fourth fact is that the respondent offered a new work treaty to the complainant for signature. This contract stated that the accuser could get terminated without reason on warning or, in place of notification, reimbursement of the least requisite under the employment standards act (Court of Appeal for Britich Columbia, 1996). After revising some establishments, the judge detected that deliberation for this kind of arrangement should not turn on whether the firm impends to dismiss the work if the member of staff declines to sign. The judge then went on to grasp that the governing experts support the
EMPLOYEE AND LABOR RELATIONS 3 proposal that permanent occupation is a decent concern for the adjustment of a work agreement in a way not then helpful to a worker. Therefore, the deal is an enforceable period of the bond amid the parties. The sources of this law examined in this case get implemented by Maguire and Chapman because they are the governing specialist. The above decision is applicable in Alberta because it proves that it is still a part of our law. The accuser in her factum has provided a valuable prompt an agreement contains an interchange of acts, promises, and acts as a consequence of each side. This policy is now decisively reputable in English law as well as Canadian. Lack of consideration, leads to no contract which means that there is nothing from or upon which to create or find accountability (Jaremko, 2017). In a policy for a business that attempts to prevent complains brought after a contract gets ended or a worker gets dismissed from an occupation, there should be various reasons that make sure that the termination is fair. For instance, an employer should provide a valid cause for dismissal that can be justified like a worker is not able to do the job proficiently. To avoid staffs from complaining about the dissolution of their work, the employer must provide a warning outlined in the constitutional least notice period or the contract of employment (Bernstein, 2018). Employers should train to offer details for termination of work to their stuff. A worker is eligible to obtain an inscribed report from an employer with explanations for sacking if one has finished a years’ amenity in the business or one is working under a period agreement which has perished and cannot get changed.
EMPLOYEE AND LABOR RELATIONS 4 References Bernstein, A. (2018). Employee references: understanding your obligations as an employer. Journal of Aesthetic Nursing, 7(6), 334-336. Court of Appeal for Britich Columbia. (1996).Watson v. Moore Corp., 1996 CanLII 1142 (BC CA).Retrieved from https://www.canlii.org/en/bc/bcca/doc/1996/1996canlii1142/1996canlii1142.html Jaremko, S. L. (2017). The Peel Watershed Case: Implications for Aboriginal Consultation and Land Use Planning in Alberta. Pioro, M., Mykitiuk, R., Finkler, L., & Nisker, J. (2013). Understanding the Use of Genetic Predisposition in Canadian Legal Decisions. McGill JL & Health, 7, 1.