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Restructuring, Reorganization & Downsizing

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RELATED MATERIALS

You Make the Call: Must Employers Give a Reason for Termination?

You don’t have to give a reason for without cause termination but you must provide notice and act in good faith.

Termination is often a harrowing experience for employers and employees alike. The first thing any employee who gets a pink slip is bound to ask is “Why?” Is that a question you actually have to answer?

Find the answer here.

Automation of Workplaces

Since the dawn of the Industrial Revolution, workers like the Luddites in 19th century Britain have feared that they will be replaced by machines and left permanently jobless. To date, these fears have been mostly wrong—but not entirely. In a chapter in “Shifting Paradigms,” we examine the implications of automation for jobs and wages.

Click here to read more.

How Do You Know If It Is Constructive Dismissal?

Constructive dismissal occurs where the employer demonstrates an intention to no longer be bound to the employment contract. Since the employee has not been formally dismissed by the employer, the employer’s act is referred to as “constructive dismissal”. This most commonly happens when an employer unilaterally reduces an employee’s pay or benefits or reassigns work duties to such an extent that the essential nature of the employee’s position is altered.

Watch the recorded webinar here.

Special Report Preview

13 Constructive Dismissal Pitfalls to Avoid – As an employer, you must be able to make tough decisions about pay, benefits, job responsibilities and other key terms of employment, especially during hard times. The problem is that what you regard as legitimate and necessary changes for the good of the business might drive employees to leave the organization and sue you for constructive dismissal.

How to Comply with Group Termination Requirements – The first thing you need to be able to do is recognize when the restructuring you do and the pink slips you hand out constitute group terminations under the law. But that’s not as simple as it sounds, especially if you operate in more than one part of Canada.

Don’t Let Age-ist Stereotypes Taint Cost-Cutting & Reorganization Layoffs – Age discrimination complaints are common when companies reorganize or downsize because of the disproportionate impact such actions often have on older employees. Among the common stereotypes is the belief that older employees who’ve done their job a certain way for a long time will have more trouble adjusting to or accepting new technology, procedures or work conditions.

Is Requiring an Employee to Relocate Constructive Dismissal? – As an employer, you may think you have the right to restructure your business and shuffle employees to different geographic locations any way you see fit. If you do force employees to relocate you run the risk of what’s known as constructive dismissal. Here’s a quick briefing on the liability risks and how to manage them.

When Do Cuts in Employee Benefits Cross the Constructive Dismissal Line? – The most obvious form of a compensation-related constructive dismissal offence is a direct cut in wages and salary. The deeper the cut, the greater the risk. But there’s no bright line of how deep you can cut before crossing the line.

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