INDIVIDUAL CASE STUDY ASSIGNMENT
Student Name- Sahil Markanda
Student Number- c0693353
1. Termination Pay. (filsinger, 2018)
2. ESA individual Termination Requirement. (filsinger, 2018)
3. Termination of probationary employees. (filsinger, 2018)
4. Wrongful dismissal. (filsinger, 2018)
5. Written Notice of termination (filsinger, 2018)
6. Dismissal with just cause -incompetence. (filsinger, 2018)
Associate law: –
1. Common laws.
2. Special Wage Rates. (BILL 148)
3. Employment Standard Act.
4. Offences and Penalties (Section132).
5. Wages statement (ESA, s.12).
ARGUMENTS FOR RODRIGO
• According to the Fair Dismissal, the employer has to make sure they have given proper guidance and information to employee which Rodrigo didn’t get.
• According to the investigation there is no proof that sally has done the investigation for the missing money.
• There was no authorization for the deduction of money.
• Rodrigo was not given employment agreement before starting his job. Apart from this he was not informed about the probation period and the companies’ policies.
ARGUMENTS FOR SALLY
• Rodrigo can be fired or terminate by sally anytime because he is a new employee and worked for only 2 weeks, mentioned in the probation period.
• Rodrigo was not meeting the requirements for the job because drooping pot is just the obvious thing to not to do the job properly. Therefore, sally can terminate on the basis of incompetence.
• According to sally, Rodrigo is the one who is liable for the missing money because he is the only employee has the access to the cashier area and Rodrigo has the give the half of the missing amount. This can also be the reason sally can terminate him because he not honest employee.
Rodrigo had worked for MC Windy Kings for a long time than my investigation would be diverse with respect to end:
1. Rodrigo would be entitled to termination pay.
2. 2 weeks of termination notice should be provided by as its mandatory minimum requirement under ESA.
3. Rodrigo would be entitled to termination pay. (filsinger, 2018)
4. Regular benefits should be provided or given in the time of notice period to him.
5. Rodrigo cannot be terminated for single instance of incompetence.