BUSD 2012 - Employee and Labor Relations: Case and Policy Report

This report presents an analysis of an employee and labor relations case, focusing on a petitioner's appeal for common law damages after being terminated without cause. The case involves the interpretation of an employment contract, specifically concerning the terms of termination and notice. The report outlines key facts, including the complainant's long tenure with the company and the evolution of her employment contracts. It identifies the sources of law, discusses the applicability of the decision to Alberta, and examines the business policy implications of the case. The analysis highlights the importance of deliberation in contract amendments and the necessity for employers to provide valid reasons and proper notice for terminations, as well as the provision of written explanations for dismissal. The report emphasizes the significance of fair termination practices to avoid legal disputes and maintain positive employee relations. The case underscores the principles of consideration in contract law and its impact on employee rights.

Running head: EMPLOYEE AND LABOR RELATIONS
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Employee and Labor Relations
Name
Institution
Date

EMPLOYEE AND LABOR RELATIONS
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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
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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.

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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.