Uther had worked as a machine operator in the employer's large aerospace manufacturing plant (payroll $10 million) for 18 years when he was dismissed for alleged just cause. The dismissal was based on a series of performance problems (careless work resulting in shoddy product) and incidents of misconduct (lateness and excessive absenteeism) for which he had received progressive discipline. After his summary dismissal, Uther sued the employer for wrongful dismissal damages. He alleged that the employer did not have just cause to dismiss him, and therefore was required to provide him with working notice or pay in lieu of notice under the common law and give him his entitlements under statute. The trial court found that the employer had just cause under the common law because it had carefully documented the numerous performance issues and followed its own progressive discipline policy. However, Uther argued that he was nonetheless entitled to termination and severance pay under the Employment Standards Act, 2000.

a) How much termination pay and severance pay is someone with Uther's length of service entitled to under the Employment Standards Act, 2000?

b) Is Uther entitled to statutory termination and severance pay in these circumstances? Explain

Answer rating: 100% (QA)

Answer a The Employment Standards Act 2000 ESA determines an employees eligibility for termination and severance compensation based on the employees l... View the full answer