Discussion Forum I need someone to complete a discussion question for me. The discussion question requires 3 short paragraphs in total. This question is based on unit 6 of the course. I have attached the course lessons for unit 6 below. Please review unit 6 to get an idea of the employment law terminology. Discussion Question: When it comes to termination of employment, it is especially crucial that the law scrupulously maintain a balance between the interests of the employer and the employee. Considering the legitimate priorities the two parties bring to the employment relationship, would you say that the law needs to be strengthened or changed in favour of one side or the other? Explain. **Individual must ensure they use terminology from unit 6** Here are some example answers submitted by a couple of the students: Student #2 The law appears to be doing its best to ensure that both employers and employees best interests are upheld when termination of an employment contract occurs. The standards put into place by the Employment Standards Act serves to ensure that there is a minimum floor of rights for employees and employers when with cause and without cause termination is encountered. A change that could be made to assist in further balancing the roles in an employment contract is ensuring that an employee understands the types of dismissals that can occur, especially in the case of constructive dismissal and their duty to mitigate in the case of wrongful dismissal (Filsinger, 2010, p.408-411). Throughout an employment relationship employees and employers should ensure that they have a strong paper trail that can assist them in the case of a wrongful dismissal. Employees should be aware of the circumstances and requirements of the duty to mitigate as well as what constitutes constructive dismissal and how to go about making a case that one has been constructively dismissed. Employers should all try to implement to the best of their ability the steps that assist in avoiding wrongful dismissal claims as these actions assist in minimizing issues before they escalate and creating smooth termination transitions (p.427-432). By following these actions the employer elevates themselves above potential lawsuits and shows its employees that its actions are fair. Student #2 I believe the law has already applied the necessary rules and obligations for both parties (the employer and employee), the major concern is that these obligations would need to be strengthened, especially to the employers. Looking at the cases from employers dismissing employees either with or without cause, employers tend to find small problems to dismiss employees for wrongfully. I think Some of the employers when they find that an employees is not productive enough or that certain employee will cause some expenses to the organization, employers find the smallest excuse/ problem to wrongfully dismiss these employees. Employers believe that they have the power to dismiss/terminate an employee without understanding that some of these employees earn their living by working, or some of these employees are older in age and would be difficult to find another job. After reading the case of McKinley v. BC Tel on the DRR, this case discusses about wrongful dismissal and offering severance to an employee that had worked for the organization for 17 yrs, and employer finding out afterwards that employees had a dishonest conduct about his health. As I mentioned before, employers tend to look for small mistakes to dismiss a person just because the employer might believe that this employee is not as productive as he was used to and its costing a lot of money for the employer to keep this employee (thats my opinion), so for the employers excuse was that employee had a dishonest conduct about his health, and at some point was a breach of the employees contract. I think both parties under the law are equally fine, employers and employees have obligations to each other, however, the law will need to educate both parties to enforce their obligations, for example, the employer should be more careful by dismissing an employee (I dont believe an employee is dismiss for a small reason that doesnt affect the organizations productivity or harm others), and as for employees it is necessary to comply with the contract (meeting the minimum terms of standards of employment) in regards of honesty for the organization and continue to be productive at the job. These are some examples that could avoid the breach of a contract/wrongful dismissals as well as costs for suing each other.

Discussion Forum

I need someone to complete a discussion question for me. The discussion question requires 3 short paragraphs in total. This question is based on unit 6 of the course. I have attached the course lessons for unit 6 below. Please review unit 6 to get an idea of the employment law terminology.

Discussion Question:

When it comes to termination of employment, it is especially crucial that the law scrupulously maintain a balance between the interests of the employer and the employee. Considering the legitimate priorities the two parties bring to the employment relationship, would you say that the law needs to be strengthened or changed in favour of one side or the other? Explain.

**Individual must ensure they use terminology from unit 6**

Here are some example answers submitted by a couple of the students:

Student #1
The law appears to be doing its best to ensure that both employers and employees best interests are upheld when termination of an employment contract occurs. The standards put into place by the Employment Standards Act serves to ensure that there is a minimum floor of rights for employees and employers when with cause and without cause termination is encountered.
A change that could be made to assist in further balancing the roles in an employment contract is ensuring that an employee understands the types of dismissals that can occur, especially in the case of constructive dismissal and their duty to mitigate in the case of wrongful dismissal (Filsinger, 2010, p.408-411). Throughout an employment relationship employees and employers should ensure that they have a strong paper trail that can assist them in the case of a wrongful dismissal. Employees should be aware of the circumstances and requirements of the duty to mitigate as well as what constitutes constructive dismissal and how to go about making a case that one has been constructively dismissed.
Employers should all try to implement to the best of their ability the steps that assist in avoiding wrongful dismissal claims as these actions assist in minimizing issues before they escalate and creating smooth termination transitions (p.427-432). By following these actions the employer elevates themselves above potential lawsuits and shows its employees that its actions are fair.

Student #2
I believe the law has already applied the necessary rules and obligations for both parties (the employer and employee), the major concern is that these obligations would need to be strengthened, especially to the employers. Looking at the cases from employers dismissing employees either with or without cause, employers tend to find small problems to dismiss employees for wrongfully. I think Some of the employers when they find that an employees is not productive enough or that certain employee will cause some expenses to the organization, employers find the smallest excuse/ problem to wrongfully dismiss these employees. Employers believe that they have the power to dismiss/terminate an employee without understanding that some of these employees earn their living by working, or some of these employees are older in age and would be difficult to find another job. After reading the case of McKinley v. BC Tel on the DRR, this case discusses about wrongful dismissal and offering severance to an employee that had worked for the organization for 17 yrs, and employer finding out afterwards that employees had a dishonest conduct about his health. As I mentioned before, employers tend to look for small mistakes to dismiss a person just because the employer might believe that this employee is not as productive as he was used to and its costing a lot of money for the employer to keep this employee (thats my opinion), so for the employers excuse was that employee had a dishonest conduct about his health, and at some point was a breach of the employees contract.
I think both parties under the law are equally fine, employers and employees have obligations to each other, however, the law will need to educate both parties to enforce their obligations, for example, the employer should be more careful by dismissing an employee (I dont believe an employee is dismiss for a small reason that doesnt affect the organizations productivity or harm others), and as for employees it is necessary to comply with the contract (meeting the minimum terms of standards of employment) in regards of honesty for the organization and continue to be productive at the job. These are some examples that could avoid the breach of a contract/wrongful dismissals as well as costs for suing each other.

McKinley v. BC Tel, 2001 SCC 38, [2001] 2 SCR 161
http://www.canlii.org/en/ca/scc/doc/2001/2001scc38/2001scc38.html