01-25-2017, 10:57 AM
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#6
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Franchise Player
Join Date: Dec 2006
Location: Calgary, Alberta
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Quote:
Originally Posted by Resurrection
I'm going to speak in generalities here but apply it to this case.
The reason they likely didn't give a reason is because they terminated her over her mental illness issues. That's a violation of the labour code and human rights act in Canada. So to skirt that issue they likely just kept the reason ambiguous and if pressed could attempt to label it as a "job fit" issue.
You can fire anyone in Canada (assuming you don't have a contract spelling out your terms) if you provide them with severance that's appropriate for their tenure, age, and likelihood to regain employment at the same wage/job. While there's a lot of criteria and things that change the formula, generally speaking, 1 month per year of service is the norm. So if you had an employee you just plain disliked and wanted gone, you could bring them in your office and say "hey Ed, you've been here 8 years, it's not working out anymore, we've decided to go in a different direction. We're giving you a package that's 8 months of your current salary, good luck" you are more than likely fine legally and have no other obligations to the employee.
Now, if they had brought her in and said "hey, you're still on probation and we can't accommodate your mental health issues, here are your papers, get out" you've violated this persons human rights and labour law. Probation or not.
I'm not fairly certain how a law suit would work, but if this lady can demonstrate the employer liked her, had faith in her, and appeared to be advancing her in the company until she raised her mental health issues there might be some grounds for legal action but that's not my field of expertise.
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No, the reason they didn't give a reason is because they paid her a severance to avoid that conversation. I can see that rationale because of course no one wants to be let go. Rather than have to have a discussion about whatever the reasons are, they'd rather avoid it.
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