Question 1

Jasmine recently quit her job after enduring six months of unceasing racial harassment from a co worker,which,despite many complaints,was never properly dealt with by her employer.Which statement best describes Jasmine's legal position?

Accepted Answer

Jasmine's situation could be considered constructive dismissal because her employer failed to address the harassment, creating a work environment so intolerable that she felt compelled to resign. This is recognized in employment law as equivalent to being dismissed.

Question 2

Which of the following is a distinguishing characteristic of the collective agreement,with respect to challenging an employer's decision to terminate an employment relationship with a unionized employee?

Accepted Answer

In a unionized environment, disputes over the termination of employment are typically addressed through the grievance process outlined in the collective agreement, rather than through courts or immediate arbitration. This process is a distinguishing feature of how unionized employment relationships are managed, emphasizing the role of negotiated procedures for resolving disputes.

Question 3

What was the impact of the Supreme Court of Canada's decision in its landmark case Honda Canada Inc.v.Keys on the awarding of damages in cases of wrongful dismissal?

Accepted Answer

The Supreme Court of Canada in Honda Canada Inc. v. Keys ruled that damages for wrongful dismissal should not include arbitrary increases for bad faith conduct, but should be based on actual damages suffered.

Question 4

Kyrie has filed a wrongful termination suit alleging bad faith on the part of her former employer of nine years.At the time of her dismissal from her law clerk position,Kyrie earned $52 000 annually and fringe benefits of $100 per month.What damage award has Kyrie's lawyer suggested could be awarded under the labour standards legislation in these circumstances?

Accepted Answer

The answer of Kyrie has filed a wrongful termination suit...

Question 5

To which of the following are factors such as the age of the employee and his or her attachment to the community relevant in employment law?

Accepted Answer

The age of the employee and attachment to the community are relevant in determining whether the duty to mitigate requires an employee to move, as these factors can affect the reasonableness of expecting an employee to relocate for a new job.

Question 6

Kyle was terminated from his position as an accountant.He believes he was unjustly terminated and intends to sue for wrongful dismissal.The only alternate employment Kyle can find is working as a security guard.Is Kyle obligated to take this job?

Accepted Answer

Kyle's duty to mitigate does not require him to accept employment that is significantly different in nature or compensation from his original position. Working as a security guard would likely be considered a lower level job, not comparable to his accountant position.

Question 7

Claudio was recently wrongfully terminated from his job as a professional accountant.The only replacement position he has been able to find is as a payroll clerk for a local trucking company.Which statement best describes Claudio's mitigation duty in this circumstance?

Accepted Answer

Claudio's duty to mitigate damages requires him to take reasonable steps to find comparable employment, not necessarily to accept a lower position or the first job available.

Question 8

How should an employee reconcile the duty to uphold the public's interest with the duty of loyalty and good faith to an employer with respect to exposing corporate wrongdoing?

Accepted Answer

Public interest is paramount when it comes to exposing corporate wrongdoing. This principle is often supported by laws and regulations that protect whistleblowers, ensuring that the public good is prioritized over loyalty to an employer in cases of illegal or unethical practices.

Question 9

Jerry has decided to accept his employer's termination package,which will give him six months of pay and benefits in lieu of six months of notice.What condition will the employer likely stipulate in exchange for its agreement to pay Jerry the six months of pay and benefits?

Accepted Answer

Employers often require employees to sign a release waiving their rights to sue the employer in exchange for receiving a termination package. This protects the employer from future legal actions related to the termination.

Question 10

Alex's employment has been terminated due to a recent amalgamation.She met with Roger,the human resources senior manager,and reviewed the severance package being offered to her.Roger indicated that in his view the package was very generous and would expire at the end of the day.He urged Alex to accept the deal and sign a release,which she did.Why will Alex NOT be legally bound by the terms of the severance package or the release?

Accepted Answer

The pressure exerted by Roger, the human resources senior manager, to accept the severance package and sign a release on the same day without sufficient time for consideration or to seek independent legal advice, can render the agreement unenforceable. This is because Alex was not given a fair opportunity to understand the implications of the agreement, which is a key aspect of entering into a legally binding contract.

Question 11

Which of the following is a distinguishing feature of the grievance process?

Accepted Answer

The grievance process is specifically designed to resolve disputes in union contracts, distinguishing it from other dispute resolution mechanisms that might be available to all employees, used in legal actions, or resolved through mediation.

Question 12

All week,Jeff consistently ran the Naked News on his computer while Tess was present taking instruction on his files.Despite her obvious discomfort and repeated requests that he turn the program off,Jeff,a senior partner,ignored the requests.Would a claim for constructive dismissal be justified in this instance?

Accepted Answer

A claim is justified by creating a poisoned or intolerable work environment, which is evident in this scenario where Jeff consistently ignored Tess's discomfort and requests, thereby making the work environment hostile for her.

Question 13

Before making any changes affecting Kim's job,his human resources manager discussed the nature of the changes and the necessity for them.She asked Kim to assess the impact of the changes for the ensuing month.What is the human resource manager's motive for handling the proposed changes to Kim's employment arrangement in this manner?

Accepted Answer

The human resource manager's approach aims to minimize the risk of triggering a constructive dismissal by involving the employee in the change process, thereby reducing potential legal and morale issues associated with unilateral changes to employment terms.

Question 14

Which of the following would be included in the monies prescribed by legislation as due and owing to an employee at the time of their termination?

Accepted Answer

Severance pay is typically the only item among the options listed that is prescribed by legislation as due and owing to an employee at the time of their termination. This is because severance pay is often mandated by labor laws to compensate employees for the loss of their job under certain conditions.

Question 15

Why is specific performance or reinstatement rarely an option provided by the courts to an employee claiming wrongful termination from a position in the non unionized sector?

Accepted Answer

The answer of Why is specific performance or reinstatement rarely...

Question 16

With respect to punitive damages,what is meant by the statement "the employer's bad faith acts must be so malicious and outrageous that they are deserving of punishment on their own"?

Accepted Answer

Punitive damages require conduct that constitutes an independent actionable wrong, meaning the employer's actions must be so harmful and egregious that they warrant punishment beyond compensatory damages, fitting the description of malicious and outrageous acts deserving of punishment on their own.

Question 17

According to the Supreme Court of Canada in Honda Canada Inc.v.Keys,when would it be appropriate to award punitive damages in the context of a wrongful dismissal suit?

Accepted Answer

Punitive damages in the context of a wrongful dismissal suit are awarded only in exceptional cases where the employer's conduct during the dismissal process is found to be malicious, outrageous, or in extreme bad faith, going beyond the normal bounds of unacceptable conduct.

Question 18

Having recently saved the company a half a million in lost productivity,Stan was ill prepared for the unexpected termination of his employment and the humiliation of being escorted from the building.He advised his lawyer that after 25 years of continuous service,his employment contract provided for an annual salary of $120 000,an annual bonus of no less than $35 000,and monthly fringe benefits of $100.What amount will Stan's lawyer ask a court for in damages?

Accepted Answer

The answer of Having recently saved the company a half...

Question 19

Martina's company is downsizing,and she has been notified that her employment relationship will be terminated.She has been asked to give up her right of action with respect to the termination.What is the proper procedure to be followed by Martina?

Accepted Answer

Martina should seek independent advice on the adequacy of the offer prior to signing a release to ensure she fully understands the implications and fairness of the settlement.

Question 20

Due to her firm's downsizing plans,Marina learned she would be expected to complete clerical work,at her current rate of pay,for five lawyers rather than two.After 25 years of service to the firm,Marina is unhappy with management's decision.Which of the following is her lawyer most likely to indicate as being a valid reason for launching a suit for wrongful termination?

Accepted Answer

Changing a fundamental term of an employee contract amounts to constructive dismissal, which can be a valid reason for a wrongful termination suit.

Quiz 21: Terminating the Employment Relationship