Employment Law 3 Case Study: Canadian Employee Termination, 2020

This case study examines Canadian employment law, focusing on a scenario where an employee's performance is unsatisfactory and poses a health risk due to the nature of the job. The analysis delves into the legal considerations surrounding employee termination, including the requirement for 'cause,' the provision of appropriate warnings, and the potential for severance pay based on the length of employment. The case study highlights the importance of proper notice periods, which are determined by factors such as the employee's age, compensation, and length of service, and the financial implications for employers in lieu of providing such notice. The study also references the Civil Code of Québec and its influence on employment standards across Canada, while emphasizing the need for employers to provide safe working conditions. This case study provides insights into the complexities of Canadian employment law and its impact on both employers and employees.

[Canadian Employment Law]
2020
University
Student Credentials

Employment Law 1
Employment Law in Canada
The employment law in Canada is quite easy going as far as the employees are
concerned. The Work law or the law as such related to the employment in Canada is
administered both through the confined statute as well as in certain provinces or areas by the
common law. The basis of the law here is upon the Civil Code of the Québec. And since, it is
administered by the Civil Code of Québec, which was initially demonstrated on the French
Napoleonic Code, and the statute deciphering it, the statutory arrangements may shift from
territory to region, there stays a decent lot of consistency the nation over in business gauges,
labourers’ pay, word related wellbeing and security, work relations and denials on
segregation in work. End of business is one of the most noteworthy zones of work law. As a
rule, the investigation of an end starts with an assessment of whether there is "cause" for the
end, trailed by an appraisal of the business' commitments regarding the end. After a
productive release in Canada, representatives can leave and sue, remain and acknowledge the
new terms, or they can continue working and sue. On the off chance that they continue
working and sue, the business may pay these representatives something extra to get them to
acknowledge the new terms (McMillan, 2020).
In the given situation or the case study as such, the employee here was aware of the
harm that could be caused to her as a side effect of the products being used in the small
business. There was nothing hidden from the employee as such related to the conditions
under which the employee had to work. It was also evident, that the conditions at their best
were safe as provided by the employer under which the employee was supposed to work. In
order to provide for the best possible services to the clients, in this case, the manager will
have to let go off Alice. Since due to her job performance being low as it should be, the
manager here can terminate Alice’s contract with the spa, and if Alice was an employee of

Employment Law 2
the firm or the small business for longer than or equal to five years she shall also be paid her
severance pay (Neilsen, 2019).
In the above case, there is a clear intention of removing the worker from her job as
she is not performing well or is unable to do the perfect job at work. This is why, the spa has
been facing issues as well and it has also been affecting the health of individual as such. In
the best interest of the individual here, Ms. Alice, the termination is being done. In order to
provide the best possible for her, she could be recommended to an apt organization or be paid
a month’s salary for being terminated suddenly. Apart from this, not much can be done.
Before being terminated, Alice also needs to receive a certain set of warnings as to improve
her work, if she still is unable to do so, then she can be terminated, as the court requires clear
proof of the same in cases where the case is being appealed in the court regarding the sudden
termination from the employee’s end.
In case where, Alice is not being informed of the issue, or she refuses to accept the
cause as such, the Canadian employment law has slight different provisions in relation to the
same. At the point when a business expects to reject a Canadian without cause, the
representative is qualified for notice. The length of the notification depends on such factors as
the representative's age, remuneration, length of administration, the economic situations and
whether the individual was instigated to come and work for the organization. Essentially, the
notification time that must be given is associated with the normal measure of time it will take
for the worker to find another activity (Martineau, 2019).
A business may make an instalment to the representative in lieu of giving this
notification. The instalment required can be steep, however, as much as two to about a month
of compensation for each time of administration in Ontario for instance (Smith, 2015).

Employment Law 3
Bibliography
Martineau, F. (2019). Doing Business In Canada 2019 - Labour & Employment. Retrieved
February 29, 2020, from mondaq: https://www.mondaq.com/canada/Employment-
and-HR/821286/Doing-Business-In-Canada-2019--Labour-Employment
McMillan. (2020). Employment law in Canada. Retrieved February 29, 2020, from
https://mcmillan.ca/files/Employment%20Law%20in%20Canada%20-
%20provincially%20regulated%20employers.pdf
Neilsen, C. (2019). Canada: Employment and Labour Law 2019. Canada.
Smith, A. (2015). Employment Law in Canada Is Employee-Friendly. Retrieved February 29,
2020, from SHRM:
https://www.shrm.org/resourcesandtools/legal-and-compliance/employment-law/
pages/canadian-law-employee-friendly.aspx