Reference no: EM133205138

Pups & Kits Inc. is a company that manufactures dog and cat food in Sudbury, Ontario. The company advertises in a trade publication for a day shift manager. Five employees working on the production line would report to the successful candidate, who would be independently responsible for supervising their work, including their schedules, discipline, overtime, vacation scheduling, and bonus eligibility. The day shift manager would occasionally perform the same work as the workers who report to him or her, but this would happen only rarely. Matias applies for the position and completes the company's standard application form/ One of the questions is, "Have you ever been convicted of a criminal offence for which a pardon has not been granted?" Matias answers "no" and certifies, by his signature, that this information is accurate and complete/ An interview is scheduled for Matias with Donna, the manager of HR. The interview goes well and Pups & Kits makes an offer of employment to Matias. The offer requires that Matias consent to the company conducting a criminal records check. Matias consents. However, the criminal records check will not be completed before Matias starts work for the company; the process can take up to 4 months. Matias is expected to start work in 10 days. The offer of employment contains a comprehensive termination provision. "The company may terminate your employment, at any time and without notice, for just cause. In the absence of just cause, the company may terminate your employment on 72 hours' notice or base salary in lieu of such notice, which will represent the entire, complete, and total obligation owed to you by the company and you will have no claims or further entitlements against the company"

Certain hourly employees participate in the company's time off in lieu of overtime banking program/ !ll hours the employee works in excess of 44 hours in a week are put into the bank at straight time. This has been the company's policy for many years and employees are not asked to agree to this, in writing or otherwise. As a salaried employee, Matias does not participate in the company's overtime banking program.

Question: Although he has a criminal record, Matias has been a good employee for his 4 months of employment. The plant manager understands that it is necessary to terminate Matias's employment, but he would like to do so without just cause and he would like to rely on the termination provision in the employment letter, which Matias agreed to, and pay him 72 hours' pay in lieu of notice. The plant manager asks Donna for advice. What should Donna advise about the enforceability of the termination. word limit 150