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Dec 6, 2023
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docx
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Uploaded by ChiefDiscoveryIbis31
1
Termination Assignment
Shreshtha Das
8893663
Employment Law, Conestoga College Doon Campus
HRM8310-23S-SEC10
Althea Gordon
July 16, 2023.
2
1. Under the Act of Employment Standards, the entitlement of Suman will depend on which
jurisdiction he is working in. As per the scenario, we can assume that she will be entitled to
the laws of Ontario. Therefore, the entitlement under the employment standards act would be
as follows:
Termination notice
: She will be entitled to a termination notice of 8 weeks as she has worked
for over eight years, i.e., for 20 years. The law under section 57 states that depending on the
employee’s length of service, the employer can provide between one- and eight weeks’ notice
of termination.
Calculation:
Suman’s annual salary: $98000
Suman’s weekly pay: $98000/52= $1884.6
Suman’s wages for 8 weeks: $1884.6 per week * 8 weeks (for 20 years of service) =
$15076.8
Vacation pay she will receive: 6% (as she has served over 5 years.)
* $16332.8 = $979.97
Now, her termination pay at 8 weeks’ wages + 6% vacation pay = $16332.8+
$904.6 = $15981.4
Severance Pay
: The severance pay will be based on the length of service she has offered, i.e.,
she will receive 20 weeks of severance pay as she has offered 20 years of service. According
to ESA, the employer is required to pay 1 week of severance pay to the employee for each
completed year, up to a maximum of 26 weeks.
Calculation:
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Suman’s annual salary: $98000
Suman’s weekly pay= $98000/52 = $1884.6
Years of completed service: 20 years.
Suman’s severance pays (regular wages for a regular workweek multiplied by total years of
service) = $1884.6*20 =$37692.
2. Under the ESA, employees are also entitled to reasonable notice at common law, which is
determined by the various “Bardal factors” like the employee’s age, length of service,
availability of similar employment opportunities, and the character of employment. Thus,
considering Suman’s case, a reasonable notice period can be 24 months.
Calculations:
Reasonable Notice: $98000/12 (monthly salary) * 24 months (notice period) = $196000.
3
. There are different factors in determining the amount of reasonable notice under common
law, for instance:
Length of service: The longer the length of service, the longer will the reasonable
notice period. In Suman’s case, he has served the company for 20 years; therefore, he
will generally get a longer reasonable notice period.
Employee’s age: In this case, Suman’s age is 58 years, so that she will receive a much
longer notice period than younger employees
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4
Availability of similar employment: Suman’s qualifications and experience might
affect the reasonable notice period. Less availability of jobs in her field will increase
her notice period.
Character of employment: Since Suman worked as a Senior Project Manager, she will
likely get a long notice period. The higher the position, the longer will be the notice
period.
Health / medical conditions: Since she was an ongoing chronic medical condition,
there might be chances for her to find any other employment which will increase a
longer reasonable notice period.
4.
Termination Letter:
Dear Suman,
Re: Termination of employment.
We regret to inform you that your service with the City of Toronto has been terminated
without cause as of [date]. Under the ESA, you will be entitled to termination and severance
pay. The detailed calculations are attached to the document.
In addition, you are also entitled to reasonable notice of 24 months under common law,
determining your age, length of service, health condition, and character of employment. We
also request that you return all the company assets the company gave during your
employment.
You will continue receiving benefits during the entire notice period. You will be serving.
Please don’t hesitate to contact me with any queries or concerns regarding this termination
letter.
5
We appreciate your loyal services and contributions to this company throughout these years.
Sincerely,
Shreshtha Das.
6
References
Filsinger, K. J. (n.d.). Employment Law for Business and Human Resources Professional, Fourth
Edition.
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