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Answered in 9 minutes by:
10/23/2012
Law.Hut, Lawyer
Category: Canada Law
Satisfied Customers: 7,846
Experience: with over 15 years experience.
VerifiedHello:
Unfortunately, no. There is no obligation on an employer to offer any position to a current employee, and an employer is free to,staff the position as it sees fit without regard at all for seniority of existing employees. It is only where seniority rights are created by contract, like in a union collective bargaining agreement, that the employer can have restrictions on how it chooses to fill a position or reorganize employees. An employer is also free to dismiss any employee without cause, provided that adequate notice, or pay in lieu of notice, is provided.
Unfortunately, no. There is no obligation on an employer to offer any position to a current employee, and an employer is free to,staff the position as it sees fit without regard at all for seniority of existing employees. It is only where seniority rights are created by contract, like in a union collective bargaining agreement, that the employer can have restrictions on how it chooses to fill a position or reorganize employees. An employer is also free to dismiss any employee without cause, provided that adequate notice, or pay in lieu of notice, is provided.
The amount payable would be according to Ontario law, yes. There is a statutory minimum set by legislation of several weeks, and then there is a higher amount payable as courts have ruled that they can award an amount higher than the statutes, based on common law.
Law.Hut, Lawyer
Category: Canada Law
Satisfied Customers: 7,846
Experience: with over 15 years experience.
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