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I am pursuing better compensation for wrongful dismissal where they are letting me go without cause and without prejudice. They are offering me 4 weeks’ pay plus vacation pay owed. They included days in lieu and stat holidays in with the 4 weeks’ severance. I am a chef by trade and hired in a salaried Sous Chef Position (not union position). I have drafted some points that I want raise with head office and wondering if you have any opinion or advice you can give me based on what I have written.
Led to believe a consultant was coming in the kitchens to explore the flow of food and systems in place. Everyone openly discussing the operations and before two weeks is up I am let go and he is doing my job?
Why was I let go ? Was never told there was an issue or given an opportunity to adjust if there were any issues
Prior to Chef Nick taking over I had been praised for the great work I had achieved as Catering Chef between May 2015 – August 2016
High nineties in Catering inspections
Achieved at retaining lost customers
Several notes of appreciation
Promoted to Production Manager August 2016 – present
January 2017 had my appraisal and scored in the high nineties.
I have NO verbal warnings or coaching’s
I cannot use compassgroup as a reference
Need to understand what notice of termination without cause – without prejudice means
Need to understand Release documents, clause # 11 Non Solicitation: Not to carry on or be engaged in employment of any kind that is affiliated with Compassgroup for one year. This prevents my ability to earn my living without cause and I would be willing to work elsewhere in Compass group – ask that clause be removed or reworded to only include University of Ottawa (all of Compass and all of province of Ontario is not justified or acceptable)
Owed for three days worked in lieu, all statutory holidays since September which I worked and 2 days that where cut from my pay during the week between Christmas and New Year without any notice – These should reflected in vacation pay owed (c) Part of vacation pay out and not as part of separation allowance, and need to confirm number of vacation days that will be paid out
I was advised strongly by the GM not to sign anything and to carefully read what is being offered
I was told by the Human Resources officer that I could be entitled for more separation allowance and to call head office – what are the steps to pursue this avenue
Only if pressed
I have one written warning that was given to the Chef and F&B Manager at the same time regarding issues not all in my control
I was absent two days in a year and half
Sincerely
Terry Theberge
Your questions are very specific and are therefore better suited for a phone consultation so please call us at the number below. We need to review the documents that you have been asked to sign in order to give you legal advice that you can act on. It's very likely that your package can be negotiated and improved but we need more information in order to assess the value of your damages and help you prepare a counteroffer.