Question
A) Alison has worked as a cashier for Staples Office Supplies in Toronto for 6 years. Last week her employment was terminated for cause without
A) Alison has worked as a cashier for Staples Office Supplies in Toronto for 6 years. Last week her employment was terminated "for cause" without any notice.The employer told her that her performance over the past year had been poor and that despite two warnings to work faster, Alison's performance had not improved. Alison explained that she was working as fast as she could, but the employer said that was not good enough. Alison looks at the employment contract she signed when she was hired, but it doesn't include anything about whether the employer can terminate her employment for cause and without notice.
B) Alison comes to you for advice.Fully explain whether Alison is entitled to anything from the employer under the Employment Standards Act. If you think more information is required to answer, explain what information you would want to know.
C) When we considered the Common Law Regime, we learned that a judge could decide that an employee in Alison's situation could be entitled to "reasonable notice" of 6 months or more.Why might an employee nevertheless decide not to pursue "reasonable notice" damages against their employer and "settle" for whatever might be available under Employment Standards legislation?
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