Question
The purpose of this assignment is to help students gain an understanding of the application of Dismissal for Cause under the common law in relation
The purpose of this assignment is to help students gain an understanding of the application of Dismissal for Cause under the common law in relation to a specific type of employee misconduct, e.g., dishonesty, insolence and insubordination, incompatibility, off-duty conduct, incompetence, disobedience, absenteeism and lateness, sexual harassment, intoxication, and substance abuse (reference your text pages 372 to 393). Your group will be responsible for investigating and writing a brief chapter in a HR Manual on Dismissal for Cause. You must thoroughly read the textbook - chapter 14 (Dismissal with Cause) and chapter 15 (Dismissal without Cause).
The assignment chapter will include: (a) an overview of the law; (b) key information and links that relate to your subject area that the HR manager requires to solve a real work challenge, e.g., cases, media stories, journal articles, your experiences, and textbooks; (c) a summary of two court cases dealing with one "type of employee misconduct"; one case will have found "cause" while the other will have found "no cause". Your group must provide a copy of the two cases in the appendix; (d) a checklist summary of your advice to the HR Manager about how to deal with the disciplinary situation you have investigated; and (e) references please ensure you document ALL sources. An example of a report structure is provided in Section lt.
Il Example of Report Structure:
- Title Page - includes group member names, and student numbers.
- Table of Contents
- Title, e.g., Incompetence: What does it mean?
- Introduction, Purpose and Objectives
- Just Cause
- Incompetence
This assignment was adapted from David Doorey, AK/ADMS 3420, Employment Law.
EM?LOYMENT
2.5. Three to four examples of incompetence that may be subject to discipline (use cases, law journals, media references, law firm newsletters )
2.6. Case Focus
2.6.1. Case 1
2.6.1.1. Facts
2.6.1.2- Relevant Issue
2.6.1.3. Decision Employer Won
2.62. Case 2
2.621. Facts
2.6.2.2. Relevant Issue
2.6.2.3. Decision Employee Won
2.7. Guide for Human Resource Managers
27.1. What are the courts generally using as standards and criteria in their rulings?
2.72. What are the core questions the HR Manager needs to consider?
2.7.3. A Checklist Provide a checklist summarizing your advice to the HR Manager about how to deal with the disciplinary situation you have investigated, e.g. incompetence.
2.8. References
Ill Google Docs
Your group will be using Google write your chapter. Google allows all users to:
- easily create new pages,
- edit Web page content using any Web browser, and
- create hyperlinks to internal and external pages.
This democratic use of the Web encourages content composition by nontechnical users.
Why use Google to trite a HR book chapter?
This tool will allow your group to easily work together on the assignment, including writing sections, keeping track of changes, and notifying members through email when changes are made to the chapter document. Essentially every member can collaborate on the same document. There is no need to send documents around and wait for comments- Your pages and documents are centrally situated on one workspace. My hope is that you find this way of working a valuable and exciting learning experience.
HRM EIVIPLOYNNT
IV Steps:
1. Assigned a Ground for Dismissal
Your instructor will assign your group a ground for dismissal. Your group may also be allowed to select other grounds for dismissal with cause but only with the instructor's permission- Please consult law textbooks for other possibilities.
- Create a Google Doc for your group
Your group will create a Google Doc that will be shared amongst it's members.
- Begin Your Research on the Law of Dismissal for Cause (Focused on your assigned ground)
Your group should use both primary and secondary sources- Your principle research must be from the primary sources. The research instructions to search the sources (i.e., Quicklaw, e-LAWS, CanLlI, google) can be enhanced by connecting with a Mohawk College Library representative, Library@Mohawk Consultant and using the Help Guides & Tutorials in the QuickLaw site.
Primary Sources
- Case law. Case law maybe found by using Quicklaw and e-LAWS.
Read the cases to understand how the courts decide outcomes.
- Journal Articles and Textbooks. Find journal articles using Quicklaw.
Secondary Sources
- Internet sources. When conducting Google searches please ensure that you only reference Canadian law as legal approaches will be different in other countries.
- Media. Includes newspapers and TV.
- Prepare An Outline, i.e., Label the Headings
- Situate the information under the headings
- Write A Rough Draft
7. Re-write and Edit The Rough Draft
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