End of the Non-union Employment Relationship

• Author: Paul Wearing
• Pages: 115-127

•115

CHAPTER SEVENTEEN

End of the Non-union Employment

Relationship

What You Should Know

Leaving aside divine intervention, there are eight ways that non-union

employment may end:

• resignation

• by operation of law

• expiration of a f‌ixed-term contract

• early termination of a f‌ixed-term contract

• dismissal for cause

• constructive dismissal

• dismissal not for cause

• frustration of the employment contract

Except for constructive dismissal, regardless of which event triggers the

termination of the employment, a personal meeting with the employee

supported by notice in writing is a must. Immediately after the meet-

ing, an employer should make notes of what was said by all parties in

the meeting as an aide-mémoire. The meeting must be conducted with

respect and dignity. High-handed, abusive conduct, regardless of the

reason for dismissal, can be cause for increased damages if the termina-

tion becomes litigious. So as to avoid parading the employee in front of

co-workers during the regular workday, invite the employee to return to

her workstation to retrieve personal items after regular work hours.