Avoiding Wrongfull Dismissal -Presentation Format

Minimizing Your Legal Risk

Ways to avoid and minimize your Wrongful Dismissal lawsuits.

Agenda:

Presented by: White Collar Consulting.

Friday April 4, 2008. 9:00am вЂ" 5:00pm (Lunch provided)

This Seminar will be based on avoiding or minimizing the legal risks involved with Wrongful Dismissal.

9:00-9:15 Introductions

Welcome “Walt Disney” Employees, explanation of the day’s events, present schedule, handouts.

Rainer Room

9:15-10:45 Information session on Termination:

Presentation and open for any questions on this topic

Rainer Room

11:00-12.30 Information session on Wrongful Dismissal w/ Cause:

Presentation and open for any questions on this topic.

Break for 15 minutes

Snoqualmie Room

12:30-1:30 Lunch

Catered by: The Yellow Brick Road restaurant

Rainer Room

1:30-3:00 Information session on Wrongful Dismissal w/out Cause:

Presentation and open for any questions on this topic.

Break for 15 minutes

Rainer Room

3:15-4:45 Information session on Constructive Dismissal:

Presentation and open for any questions on this topic.

Snoqualmie Room

4:45-5:00 Wrap up seminar, any questions, comments, closing statements. Snoqualmie Room

Good morning everyone. We would like to welcome you to our seminar today. Your presenters for the day will be XXXXXXXXXXX Our organization is called XXXXXX, and we are a consulting firm brought here today to inform you вЂ" “Walt Disney Corporation”, on the risks involved with wrongful dismissals and also how to potentially minimize those risks. I know you probably think you have more important things to do at this time, but trust us, Mickey and Minnie mouse will be fine without you for a few hours. The main issue today is wrongful dismissal, which also consists of termination with just cause, and without just cause. We will show you the difference between them as well as constructive dismissal. After this seminar, you will know the legal risks for and against the company, and how to minimize all legal risks to do with all of these subjects. So let’s get started shall we. And while we know “It’s a small world after all”, we would like to inform you on some real life issues that you may face on a daily basis throughout your organization. We realize Disney deals with more than just characters but has to deal with real people, real situations, and real life issues on a daily basis. By giving you this seminar we hope to alleviate any uncertainties that you may have towards wrongful dismissal and our goal for you today is to become more knowledgeable on this topic.

Termination

When an employee is being terminated, notice has to be given to the dismissed employee. The amount of notice to be given depends on how long the employee has been with your organization. There are minimum standards that have to be met based on the Employment Standards Act. This minimum is only a guide, if your contract has better terms and notice period, then those are your minimum standards. Your company can negotiate better terms that will benefit the employee, but cannot be less than the periods given by the ESA. If no notice is given, then the employee will receive money that is called in lieu of notice. There is a reason for this and that is to provide the employee time, while still being paid to look for another job.

There are four statutory requirements that relate to termination under the ESA, and they are.

1) Temporary layoff- this is where you would not be required to provide any notice, but it cannot last longer than 13 weeks in a period of 20 consecutive weeks. This can happen if it lasts less than 35 weeks in any 52 consecutive week period, where the employee continues to receive any kind of payment from you. If you continue to make payments to any of the benefit plans for the employee, or if the employee is in receipt of employment insurance. IF a non-unionized person is recalled within a period approved by the director of Employment Standards.

2) Notice of termination provisions - These are the minimums as per the ESA.

- less than 3 months - no notice

- more than 3 months and less than 1 year = 1 week

- more than 1 year , less than 3 years = 2 weeks

- more than 3 years, less than 4 years = 3 weeks

- more than 4 years, less than 5 years = 4 weeks

- more than 5 years, less than 6 years = 5 weeks

- more than 6 years, less than 7 years = 6 weeks

- more than 7 years, less than 8 years = 7 weeks

- more than 8 years = 8 weeks

3) Mass Termination вЂ" Happens when there are 50 or more employees laid off in a period of 4 consecutive weeks. But we have provisions to this also where 8 weeks notice must be given when 50 - 199 employees are let go, 12 weeks notice where 200 - 499 employees are let go and 16 weeks notice given where more than 500 are let go. To minimize your legal risk in this case, you will have to let 49 people go every 4 weeks.

4) Severance Pay- This is a one time lump some that will be given to an employee if they have been with you for at least 5 years and you have payroll of at least 2.5 million dollars per year. You will than have to give that employee a minimum of 1 weeks pay for every year they have been with you, to a maximum of 26 weeks. The way to minimize your risks here would be to sever the employment of 50 or more employees in