1. What chapter in the text does this case pertain to and why?
- The case pertains to Chapter 12 on Termination of Employment. Based on this case study, IBM fired
Waterman without a cause, despite the fact that he had been given a two-month notice. However, it is
unfair to fire an employee without providing appropriate notice and reason for dismissal and doing so is
against the law in terms of human rights.
2. Should members of Canada’s workforce that are over 50 years of age be protected from wrongful
dismissal? Explain your answer.
- Yes, members of Canada’s workforce should ensure fairness and eliminate potential age-related biases
by protecting workers in Canada who are over 50 from wrongful dismissal. Protecting older workers from
wrongful dismissal from employers has potential benefits, and I believe age discrimination is illegal
under Canadian human rights law. Additionally, due to age-related stereotypes, older workers may
experience challenges in finding new jobs due to age-related biases or limited job opportunities.
3. Based on your reading of the case files should waterman be awarded the 20 month’s salary and be
able to collect pension payments at the same time? Explain your answer.
- In this situation, the court had already made a judgement that Waterman's claim had validity and that
IBM had unfairly dismissed him. Waterman was entitled to damages for losing his job without cause and
should be permitted to continue collecting his salary and pension payments for 20 months. Although I
feel that the 20-month salary and his pension payments that were granted to Waterman are not enough
to compensate for the damages that have been done to Mr. Waterman because I don’t see any reason to
fire an employee without due process and grounds for dismissal; it should be fair and unjust for both
parties.
4. Should people who were previously fired (within the last five years) by employers that were aged 65
and up be able to retroactively sue their employers for wrongful dismissal? Explain your answer.
- I believe it still relies on various factors, including the cause of the dismissal, the grounds and level to
determine whether those previously fired by employers aged 65 and over should be permitted to file a
retroactive claim for wrongful dismissal. However, it's important to consider the justification for
protecting employees and ensuring fair employment practices. An employer may have violation or
employment restrictions if they unjustly fired an employee aged 65 without a cause. Such circumstances
could give anyone cause to file a lawsuit.