Assignment 6 - Ford Motor Co. Reza Manfred Ontario Employment Standard Act PDF

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Ford Motor Co.
Reza
Manfred
Ontario Employment Standard Act...

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HRM 3420: Employment Law Monday March 5, 2018 Assignment 6 Reza worked for Ford Motor Co. Of Canada for 15 years when he was fired, along with a couple of other employees, including his boss, Manfred, who has been working for the company for 4 years. For all the below questions provide statutory support for your answer (i.e. what statute/regulation section provides the answer)? a) Under the ESA, what is Reza entitled to? Under the ESA, what is Manfred entitled to? Reza was employed for 15 years at Ford Motor Co, under the ESA’s Notice of Termination Chart “Amount of notice required if an employee has been continuously employed for at least three months” - Reza’s employment exceeded more than 8 years at the same company and was therefore entitled to 8 weeks of notice. His boss Manfred was employed for 4 years at Ford Motor Co and was therefore entitled to 4 weeks of notice according to the written notice of the termination chart. This information is source from the Ontario Employment Standard Act: https://www.ontario.ca/document/your-guide-employment-standards-act-0/terminationemployment b) Does your answer change if they were fired with a large number of other employees? How so? Reza and his boss Manfred were fired along with a couple of employees. The information provided does not give a specific number of employees that was fired. If the number of employees terminated exceed 50, the ESA requires that 4 weeks of notice be given seeing that special rules will apply as this falls under mass termination. The amount of notice employees must receive in a mass termination is not based on the employees' length of employment, but on the number of employees who have been terminated. As Reza was part of the group, the number of years he was employed at Ford would not be used as a factor in determining his length of termination notice. The termination notice for Reza will change to 4 weeks, his boss was already entitled to 4 weeks of notice and would therefore be unchanged. According to the ESA, there are three different levels of termination notice depending on the number of employees that are terminated. The standard of 4 weeks is a starting point for the amount of time needed, when the true number of employees that were terminated are identified, the notice can be adjusted to fit the chart provided by the ESA.   

8 weeks' notice if the employment of 50 to 199 employees is to be terminated 12 weeks' notice if the employment of 200 to 499 employees is to be terminated 16 weeks' notice if the employment of 500 or more employees is to be terminated

This information is source from the Ontario Employment Standard Act: https://www.ontario.ca/document/your-guide-employment-standards-act-0/terminationemployment

c) Can they try and get BOTH ESA statutory notice AND Common Law Reasonable Notice? Employees cannot get both statutory notice and Common Law Reasonable Notice. The ESA is basic minimum requirements, while employees have more rights under common law and different legislation that give them greater rights under the ESA, these rights cannot be enforced under the ESA. Employees cannot sue an employer for wrongful dismissal and file a claim for termination pay at the same time because the law does not allow someone to seek multiple options. Employees can decide to get ESA statutory or Common Law Reasonable Notice but can’t have both, they should retain legal counseling on their rights to make an informed decision. This information is source from the Ontario Employment Standard Act: https://www.ontario.ca/document/your-guide-employment-standards-act-0/terminationemployment d) Is there anything that would prevent them from getting ESA notice? The Employment Standards Act does not require an employer to give an employee a reason why their employment is being terminated. There are some instants that would prevent an employee from getting ESA notice, they include employees who are disobedient, guilty of willful misconduct, employees who willfully neglect their duties not condoned by the employer, employees on temporary layoff, employees who refuse an offer of reasonable alternative employment, employees who have been employed less than three months, and employees working in construction. This information is source from the Ontario Employment Standard Act: https://www.ontario.ca/document/your-guide-employment-standards-act-0/terminationemployment e) Can they get their jobs back under the ESA? According to the ESA, the employer can provide work to an employee who has been given notice of termination on a temporary basis in the 13-week period after the termination date set out in the notice without affecting the original date of the termination and without being required to provide any further notice of termination to the employee when the temporary work ends. There is also “recall right” – According to the recall right, if an employee is laid off they have the right to be called back to work by the employer under a new employee contract with terms. This information is source from the Ontario Employment Standard Act: https://www.ontario.ca/document/your-guide-employment-standards-act-0/continuityemployment f) Is there a limit on how much they can get in compensation? If the employees do not receive written notice under the ESA, they must be given termination pay in lieu of notice. The termination pay is a lump sum payment that includes regular wages, for regular hours, vacation pay (4%), and any other payment they were / are entitled to during the written notice period. Furthermore, employers must also continue making contributions towards

CPP, EI and any other forms of contributions the employee would be required to maintain through the notice period. Depending on the type of termination, there is a limit to how much they can get in compensation. If this is a mass termination, they will all be entitled to 4 weeks severance pay. This information is sourced from the Ontario Employment Standard Act: https://www.ontario.ca/document/yourguide-employment-standards-act-0/severance-pay#section-0 g) Is there a time limit on when they can file their complaint? Or get a remedy? Employees must receive severance pay either 7 days after the employee's employment is terminated or what would have been the employee's next regular pay day, whichever is later. This information is sourced from the Ontario Employment Standard Act: https://www.ontario.ca/document/your-guide-employment-standards-act-0/severancepay#section-0...