Have you been wrongfully dismissed? Your employment contract terminated? Experienced wrongful resignation?

The Contract of Employment

Every employed individual has a contract of employment.  Often the contract is unwritten and will be comprised mainly of implied terms.  The terms of a verbal contract of employment will be made up of the representations made to you by the employer prior to taking the job, plus terms which are implied into every contract of employment by law.
Representations that may have been made to you may include such things as the following:

1. The title accompanying the position which you will be employed in;
2. The duties required in your position;
3. The salary or wage that will be paid to you;
4. The benefits that will be provided to you;
5. The performance requirements;
6. The start date of your employment;
7. The hours which you are required to work;
8. The date on which you employment may end.

Terms implied by law include the following:

1. That you will not be terminated from your employment without just cause or reasonable notice of the termination;
2. That you will be provided with a safe and respectful work environment;
3. That you will not be subject to discrimination in fulfilling the duties of your position;
4. That all provisions of the Employment Standards Act will be complied with in your employment;
5. That you will be provided with the necessary tools to adequately perform your job;
6. That the terms of your employment will not be changed in a fundamental manner without either your consent or reasonable notice to you of those proposed changes.

The Written Contract of Employment and Enforceability
Many employees also have written contracts of employment.  These contracts often have provisions regarding the responsibilities of an employer when terminating the employment.  The usual issue which arises when an employee who has a written contract of employment is terminated is whether the employer can enforce the terms of the written contract of employment.  This is so because generally written contracts of employment will be more advantageous to the employer than the employee with respect to terms detailing responsibilities of employers when terminating employees.
Written contracts however are often not enforceable. The enforceability of the contract of employment may be challenged on a number of basis, including the following:

1. Failure to comply with the minimum employment standards as prescribed by the Employment Standards Act;
   
2. No consideration provided for the contract of employment - this is a challenge which will often be available if the contract of employment was signed after the employment has already begun;
3. Duress - this arises in situations where an employee has been told that he will only be given the job or continue his employment with the company if he signs the employment contract;
4. Misunderstanding of the terms of the contract of employment.

If the enforceability of the written contract is not successfully challenged the provisions in the contract with respect to termination of employment will govern.

Termination of Employment

An employer can end the employment relationship at any time. The free will of parties to a contract is recognized by our courts. In practical terms, what this means is that the Court will not force continued employment between parties.
The result of the termination of your employment will depend on whether the employer had "just cause" for the termination. If the employer had just cause for the termination, they are entitled to end the employment without notice to you. If the employer does not have just cause for the termination, they are required to provide you with reasonable notice of the termination.

Cause for Termination

If an employer is able to establish that he has just cause for the termination, they are not required to give you any notice of the termination.  The usual allegations of cause on the part of employers include the following:

1. Failure to adequately perform duties;
2. Lack of qualifications for position;
3. Tardiness;
4. Time missed from work;
5. Frustration of the contract of employment due to disability;
6. Insubordination;
7. Theft;
8. Failure to follow instructions;
9. Incompetence.

The above is a list of the usual types of allegations I see employers make in attempts to justify termination.
In a general sense, employers must show that you have been spoken to about the behaviour that has led to the termination on previous occasions, that you were given an opportunity to correct the behaviour and that you were warned that if you did not correct the behaviour your employment would be terminated. If an employer alleges they had cause for the dismissal, the burden is on them to prove that there was just cause.

Reasonable Notice of Termination

When an employer terminates employment without cause, the employer is required to provide "Reasonable Notice of the Termination".  The question then becomes what is reasonable notice. In determining what would be reasonable notice, every case turns on its own particular facts.
The purpose of the period of notice is intended to bridge the period between termination and obtaining replacement employment.
Some of the factors which are considered of importance by the Court in determining what is reasonable notice are as follows:

1. The character of the employment - particularly the amount of responsibility and whether or not an individual has supervisory duties in their position;
2. The length of the employment;
3. The age of the employee;
4. The availability of similar employment, having regard to the experience, training and qualifications of the employee.

When Judges decide cases they will consider the above factors, as well as any other factors relevant to the particular circumstances and come to a decision regarding the appropriate period of notice given the particular facts of the case before them. Judges will also consider previously decided cases to assist them in coming to their conclusion.

Day-to-Day HR Duties & Tasks

HR professionals are an integral part of every organization. Small business owners need HR professionals to manage employees within an organization and handle training, compensation and staffing matters. When hiring an HR professional, you should look for candidates with good speaking, decision-making and customer service skills. Common HR positions are human resources specialist, recruitment specialist, human resources manager and employment interviewer.

 

Recruiting Employees

One of the main responsibilities for HR professionals is recruiting new employees. HR professionals search for new employees by posting job listings, attending career fairs and visiting colleges and universities. They interview applicants about their experience and inform them about job openings. HR professionals must contact references and perform background checks on applicants. After an applicant is hired, the HR person conducts an employee orientation providing information about benefits and working conditions.

Maintaining Policies and HR Records

HR professionals maintain employment policies within an organization relating to discrimination, personnel rules and programs. They must be knowledgeable about human resources laws and government regulations on a national level. HR executives are typically responsible for meeting with other executive staff to discuss updates to these policies. After these policies are set, they inform staff about any changes. HR professionals also maintain and keep records on all employees. They use HR software to process and file paperwork on job applicants and employees.

Administering Compensation and Company Programs

After meeting with executive staff, HR professionals handle compensation and benefits for all staff. They are responsible for setting the salary for a particular position and organizing benefits such as healthcare and pensions. They also create new benefits for employees such as gym memberships and discounts at retail shops for employees. HR professionals arrange company activities for staff such as organizing a softball team or sponsoring a picnic.

Handling Employee Concerns

When employees have problems with supervisors or other co-workers, they can arrange a meeting with their HR department. HR professionals often become referees between employees to handle common workplace disputes. Many executive HR staff meet with other executives to act as an advocate for employees and discuss any major concerns taking place within the company. They also handle a variety of employment concerns including firing and disciplining staff. HR professionals are responsible for answering questions relating to salary, benefits and workplace rules within a company.

President Muhammadu Buhari has commended Father Ejike Mbaka of the Adoration Ministries for his exemplary courage.

Buhari praised Father Mbaka when the priest was on a courtesy visit at state house on Friday, December 18.
“Thank you very much for what you have done and said. It brought you out to the whole country as a man of courage. It was honest and well delivered. It has gone into the records as one of the best concerns expressed from the pulpit, not because it favoured me and my party, the All Progressives Congress, but because it was good for the country,” the president said.