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Difference between revisions of "Employment Law Issues (9:V)"
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Employment Law Issues (9:V) (view source)
Revision as of 21:12, 27 September 2022
, 21:12, 27 September 2022→a) Insubordination/Disobedience
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For a breach of company policy or company rules to constitute just cause for dismissal, the rule or policy must have been made clear to the employees and must have been regularly enforced by the employer. | For a breach of company policy or company rules to constitute just cause for dismissal, the rule or policy must have been made clear to the employees and must have been regularly enforced by the employer. | ||
'''NOTE:''' A refusal to co-operate, a neglect of duties, or a refusal to perform the job may be just cause for dismissal (''Lucas v Premier Motors Ltd'', [l928] 4 DLR 526 (Alta CA)). However, if an employer proposes a unilateral change in position, job function, pay, hours, etc., it is not just cause if the employee refuses the change. Rather, it may be considered a constructive dismissal. Failure to accept a reasonable transfer not involving demotion or undue burden or hardship may be cause for dismissal, if such a transfer is determined to be an express or implied term of the contract. | :'''NOTE:''' A refusal to co-operate, a neglect of duties, or a refusal to perform the job may be just cause for dismissal (''Lucas v Premier Motors Ltd'', [l928] 4 DLR 526 (Alta CA)). However, if an employer proposes a unilateral change in position, job function, pay, hours, etc., it is not just cause if the employee refuses the change. Rather, it may be considered a constructive dismissal. Failure to accept a reasonable transfer not involving demotion or undue burden or hardship may be cause for dismissal, if such a transfer is determined to be an express or implied term of the contract. | ||
==== b) Poor Employee Performance ==== | ==== b) Poor Employee Performance ==== | ||