Termination With Cause?

Jane is an Accounts Payable Clerk with Porex Company. Porex is a large manufacturer of office stationary products. They employ 650 employees at their head office in Midtown Ontario(where Jane is located). The company prides itself on being a non unionized environment and attributes this largely to the positive way that they treat their workforce.

Jane has been with the organization for six years and two months and is fifty-two years old. Given the very difficult economic times, she feels fortunate to be working for a large organization that appears relatively stable. Her current salary is $52,000.00 per year.

Her employee file contains positive performance appraisals, and the only discipline is one verbal warning for lateness.

Over the past twelve months the organization has implemented some significant technological changes to the accounts payable function. Technology is not a strength of Jane's. She knows that she has been struggling to get up to speed with the new computer systems, but she's slowly making headway.

Brenda is Jane's supervisor. Brenda recognizes Jane's shortcomings when it comes to technology, but appreciates Jane's many strengths, including her commitment and loyalty.

Brenda has worked with Jane on the new computer program, and although progress is slow, Brenda feels that Jane is making headway. At one point, Jane did seem to be resisting the change, and Brenda felt it necessary to send her a memo advising her that the change was happening, and that Jane needed to get on board. Since then, Jane has been trying.

Bill is Brenda's supervisor. Bill has been with the company for five years. He's seen as an up and comer in the organization. In fact, rumour has it that Bill is in line for the Vice President of Finance position that is expected to open up next year.

Bill is an expert in financial matters and technology. Unfortunately his people skills sometimes leaves a little bit to be desired.

Bill arranges a meeting with Brenda. In the meeting he expresses his disappointment with what he perceives to be a long time in fully implementing the new accounts payable system. He is aware of Jane's shortcomings in this regard. "I've had enough", Bill states, "Jane has to go. She's had enough time to get up to speed".'

Brenda advises Bill that Jane is making progress, and that Jane is attending a training course in two weeks that should get her right up to speed.

"Not good enough", says Bill. "She's had enough time. Anyway, she's already got discipline on her file and you had to send her a memo telling her to smarten up. I want her gone. Today".

At 2:30 PM that afternoon, Bill and Brenda meet with Jane. Brenda tries to tactfully let Jane know that she is being terminated, but shortly into the meeting Bill (he only has 20 minutes set aside) interrupts Brenda and says, "Look Jane, we're firing you. You can't do the job and you've already been disciplined. We have more than enough cause to terminate you and that's what we're doing. I've already told security to come up and escort you out. This meeting is over".

Jane was escorted to her car by security, in front of everyone else in the office.

Bill immediately sent an email to all staff stating the following:

"It is with regret that I announce that Brenda has taken the action of terminating Jane's employment effective immediately. While Jane was an admired co-worker to many of you, she was incapable of performing key duties of her position, leaving us with no choice but to take this action. We wish her well."

Brenda left for the day. Jane went to her lawyer.

REVIEW:

• The material in modules 9 and 10, and
• The following information from the Ontario Ministry of Labour, Employment Standards:

https://www.ontario.ca/document/your-guide-employment-standards-act-0/severance-pay

https://www.ontario.ca/document/your-guide-employment-standards-act-0

ASSIGNMENT:

1. Do you feel that Jane was terminated with or without just cause? Why or why not?
2. If you feel that Jane was terminated without just cause, do you believe that she is entitled to any compensation under the Employment Standards Act? If so, what is she entitled to (please cost out an actual $ amount)?
3. If you feel that Jane was terminated without just cause, what factors do you believe a court will consider when determining what is owed under common law?

Attachments

https://www.ontario.ca/document/your-guide-employment-standards-act-0/severance-pay
https://www.ontario.ca/document/your-guide-employment-standards-act-0