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    Situation C

    Uploaded by

    Navin Kedar
    Mr. Rutherford has an employee, Ms. X, who has worked for the company for over 10 years with excellent performance reviews. However, the company has changed its production requirements and machines, requiring employees to lift materials more quickly. Ms. X has been unable to meet the new requirements despite efforts. Management is asking Mr. Rutherford's opinion on how to fire Ms. X for not meeting her quotas. There are several Ontario employment laws and legal precedents that should be considered before terminating Ms. X's employment.

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    Situation C

    Uploaded by

    Navin Kedar
    35 views2 pages
    Mr. Rutherford has an employee, Ms. X, who has worked for the company for over 10 years with excellent performance reviews. However, the company has changed its production requirements and machines, requiring employees to lift materials more quickly. Ms. X has been unable to meet the new requirements despite efforts. Management is asking Mr. Rutherford's opinion on how to fire Ms. X for not meeting her quotas. There are several Ontario employment laws and legal precedents that should be considered before terminating Ms. X's employment.

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    Original Title

    Situation c

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    Mr. Rutherford has an employee, Ms. X, who has worked for the company for over 10 years with excellent performance reviews. However, the company has changed its production requirements and machines, requiring employees to lift materials more quickly. Ms. X has been unable to meet the new requirements despite efforts. Management is asking Mr. Rutherford's opinion on how to fire Ms. X for not meeting her quotas. There are several Ontario employment laws and legal precedents that should be considered before terminating Ms. X's employment.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    35 views2 pages

    Situation C

    Uploaded by

    Navin Kedar
    Mr. Rutherford has an employee, Ms. X, who has worked for the company for over 10 years with excellent performance reviews. However, the company has changed its production requirements and machines, requiring employees to lift materials more quickly. Ms. X has been unable to meet the new requirements despite efforts. Management is asking Mr. Rutherford's opinion on how to fire Ms. X for not meeting her quotas. There are several Ontario employment laws and legal precedents that should be considered before terminating Ms. X's employment.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Situation c –

    Mr. Rutherford has an employee, Ms. X, who has been a very good
    employee with excellent evaluations for over 10 years. She works in one of
    outlying plants and is responsible for using appropriate machinery to move
    materials necessary for production. However, over the past two years, the
    company has decided that it need to increase it's productivity and the
    machines Ms. X has used in the past are being phased out for efficiency
    purposes. The company is now requiring employees in Ms. X's  type of
    position to change the way they work and now be able to lift loads of
    material more quickly. Ms. X has not been able to meet this requirement,
    even though she has tried. Management has asked Mr. Rutherford his
    opinion as to how the company could fire Ms. X since they feel she is not
    meeting her quota.

    To Be Considered: Are there any laws or legal precedents that should be


    taken into consideration?

    Ans – ways grounds on which Ms. x can be fired from employment which is
    abided to Ontario rules and regulation provincial laws.

    1) Constructive dismissal

    It's perfectly acceptable for an employer to make a material change to


    the terms or conditions or work environment change of an employee's
    employment without their explicit consent - this is referred to as
    constructive dismissal.

    For example, an employer may change a significant reduction in


    wages as a result of changes in the employee's terms of
    employment, or for work location, working hours, employee authority,
    or constructive termination. It may also include abuse or the situation
    where the employer makes a final "resignation or dismissal" decision
    for the employee and then the employee leaves the company.

    2) As per the law of Ontario courts it is stated that employer can dismiss
    an employee after repeated remainders of work improvement and
    poor misconduct
    - Employers have strong grounds to terminate employees based on
    poor work performance
    - If an employee is terminated without cause he/she has strong
    grounds to sue the employer in court
    - In our situation Ms. x can be terminated based on grounds of poor
    misconduct even after giving the chance for improvement

    3) Employers have to be respectful while terminating an employee.

    Several factors are considered when firing an employee who has


    worked for the tenure of 10 yrs. or more

    a) Age factor – if the employee is aged, he/she is entitled to have


    more time for notice
    b) Length of service – if the employee has worked throughout his
    career i.e., if he/she is senior in terms of work then he is entitled to
    have more notice period
    c) Type of job – if the job is unique and demands a high salary so it
    becomes difficult to find another job so he/she is entitled to have
    more notice period

    4) The be aware duration given to personnel is the length of time


    they`ve left with the agency earlier than they're terminated. The
    duration of being aware upon termination (or the quantity of
    termination pay given) will range in keeping with employees, relying
    on their tenure on the age

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