MGMT1601 Employment Law Proof Reading Services
The paper would consist of the Employment Act and would deal with the Employment act of Canada. The answers for the question would be answered in accordance with the employment act and by reading the given scenario.
What laws apply to the business relationship regarding employee resignation?
Employment Standards Act2000 applies to employee resignation regarding a business law relationship. Whenever an employee has to resign from a company then the process of resignation must be followed by the employee in order to leave the company lawfully. The process to resign includes:
1. The employee has to give a notice period to the employer if he / she want to resign from the job. The term of notice period is will be according to the period which is mentioned in the contract of employment. According to the Employment Standards Act 2000 if there is no clause of notice period then the notice period is one month.
2. The employee must give a written notice if they are resigning. If not given then the resignation period may not be counted.
According to common law the notice period may extend up to 2 years if the employment is of long term and in the above scenario common law will prevail as the employment of the employee was long as mentioned in the scenario (Rocket Lawyer, 2017).
What factors should be taken into consideration when assessing an apparent resignation?
The facts which would be considered when accepting resignation are:
1. The employee must have completely served his / her notice period in the organization without any fail.
2. All the dues must be cleared from employee side for the organization.
3. The employee must have completed all the formalities before resigning from the company.
4. The employer must accomplish each and every activity of the employee on employment ending checklist.
These factors are to be taken into consideration whenever an employer is accepting the resignation on an employee for the betterment of the employee that he / she will get a proper resignation documents at the time and for the betterment of the organization that the work will not be hampered as during the notice period of the employee, company can hire a new person for the role from which the employee is resigning (Recruit my mom, 2015)
What do you feel the employee would be entitled to in terms of damages? State both the employee’s and the employer’s position on damages.
Inthe mentioned scenario the employee would not be eligible for any damages as the employee took leaves without prior informing the employee. Due to the act of the employee business has faced loss as the employee was on leave and no back up was planned in place of him in the business (BlaneyMcMurtry, 2013)
As discussed above the employee would not be eligible for any damages from the employee so his position will be nothing in terms of damages. On the other hand the employer has suffered loss due to this act of the employee so in this case employer can take one month salary of the employee as he left the organization behaviour without informing and without serving the notice period to the employer and due to which the business has suffered loss and it can be covered from the salary of the employee (International Law Office, 2014)
What do you feel would be the likely outcome of this case?
In the particular case, the outcome should be in the favor of the employer as he has done apparently correct on his part by terminating the employee. On the day of meeting the employee left early from the office and on the very next day he submitted his security pass to his boss, also on that day he removed all of his personal belongings from the office. Even if the boss would have considered this as a normal act and would not have terminated the employee but the employee did not turned up in the office for one week. The leaves were taken without informing to any of the supervisor in the company. In this scenario, the employer was correct on his part as the acts of the employee showed that he is no more interested in working with the organization.
What is the take away for the business in the above scenario?
The take away for the business in the above scenario is that business has suffered loss due to non-availability of an employee for a week without any prior information system to the employee. As there was no prior information about this to the employer no back up was managed by the employer for this situation. Also, the company has lost a very experienced employee who knew a lot about the company and his presence would have made a difference in the organization. If the employee would have informed the employer about his resignation the company would have taken care about him and would have solved the issue which he had, but as he has not informed anything the company had to terminate him which also caused loss to the employer.
All the questions in the paper are being answered according to the employment act and after reading the mentioned scenario. The liabilities of the employee and employer are mentioned above and the duties towards each other are discussed in the paper.
1. BlaneyMcMurtry. (2013). When can an Employer Sue an Employee for Damages? Retrieved fromhttp://www.blaney.com/articles/when-can-employer-sue-employee-damages
2. International Law Office. (2014). Can the employer deduct damages from employees’ payments?Retrieved from http://www.internationallawoffice.com/Newsletters/Employment-Benefits/Israel/S-Horowitz-Co/Can-employers-deduct-damages-from-employees-payments
3. Recruit my mom. (2015). Resignation. Retrieved from https://www.recruitmymom.co.za/faq/what-are-your-legal-rights-regards-resignation
4. Rocket Lawyer. (2017). Notice Periods. Retrieved from https://www.rocketlawyer.co.uk/article/notice-periods.rl