9 alternatives to termination Be Careful of Constructive Dismissal! unilateral changes: on consent on notice with consideration otherwise, potential constructive termination of employment
10 alternatives to termination Considerations: impact of constructive dismissal employee’s duty to mitigate by accepting the change
11 alternatives to termination Duty to Mitigate in a Recession: reason for change manner in which change is communicated one employee or several affected
12 alternatives to termination Overall Questions: can it be seen as humiliating? is it an attempt to avoid severance obligation?
13 alternatives to termination Cost Cutting: potentially lesser impact employees may be more amenable can provide significant savings don’t be short-sighted
14 alternatives to termination Cost Cutting: is it humiliating? fundamental? disproportionate impact on certain employees? pay increases a fundamental term of employment?
15 alternatives to termination Demotions: in context of restructuring coupled with offer of severance again…mitigation issues morale issues
16 alternatives to termination Redeployment : moving employees to open positions terms of employment – stay the same or based on position union cooperation voluntariness important
17 alternatives to termination Reduced Work Hours/ Work Sharing: shared amongst several employees Work Sharing 2009 – Service Canada voluntary participation what if they don’t agree?
18 alternatives to termination Reduced Work Hours/ Work Sharing: back to normal after the recession humiliating? potential claims
19 alternatives to termination Overtime Control and Absenteeism: assertively managing absences to avoid overtime managing strenuous workloads wellness programs changing expectations re: work outcomes
20 alternatives to termination Temporary Lay-offs and Unpaid Leaves : lay-offs per Employment Standards Act in employment contract or collective agreement? common practice? if not, deemed termination at common law
21 Temporary Lay-offs and Unpaid Leaves : practical risks/rewards morale issues timing the layoff alternatives to termination
22 Voluntary Retirement : human rights concerns individually targeted available to all employees? what about key employees alternatives to termination