Question 1

The case of Dowling v.Halifax (City of),[1998] 1 S.C.R.22,involved a long-serving employee entitled to 24 months' notice of termination.The employer reduced the notice period to six months due to an incident of inappropriate conduct.What was the position taken by the Supreme Court of Canada in this instance?

Accepted Answer

The Supreme Court of Canada rejected the reduction of the notice period and ordered an assessment of reasonable notice. They found that the incident of inappropriate conduct did not meet the threshold for just cause and therefore the employer was not justified in reducing the notice period.

Question 2

Defendant's counsel argued his client's termination of the plaintiff's employment without notice after one incident of incompetence was justified.The court ruled in favour of the defendant.In these particular circumstances,which of the following would most strongly support the trial judge's decision?

Accepted Answer

Terminating an employee for incompetence is justifiable if the employee has falsely claimed to possess the necessary skills for the job. This would be a serious breach of the employment contract and may be considered as a fundamental breach of trust between employer and employee. Therefore, the termination would be lawful and justified. Choices A, C, and D do not provide a strong basis for the court's decision.

Question 3

To terminate an employment relationship for cause,what must be evident after an employee has been given a warning and an opportunity to improve?

Accepted Answer

In order to terminate an employment relationship for cause, the employer must demonstrate that the employee's performance has continued to be substandard even after being given a warning and an opportunity to improve. Adequate training, economic hardship, and respectful debate do not necessarily play a role in a decision to terminate for cause.

Question 4

A court is hearing a matter regarding alleged wrongful termination involving serious allegations of employee dishonesty.Based on these allegations,what must the court consider in arriving at its decision?

Accepted Answer

The court must consider the nature and context of any dishonesty to determine whether the termination was justified. Other factors such as prior warnings and the presence of an implied principle of condonation may also be considered, but they are not as central to the analysis as the nature and context of the alleged misconduct. The question of whether conduct occurred outside working hours is not relevant to the court's analysis.

Question 5

In his decision in the case of a 55-year-old clerical worker with 35 years' experience,Mr.Justice McPherson's award of 20 months' reasonable notice on termination was viewed as a signal of the judiciary's willingness to re-examine the notice factors.That view became nebulous upon the Court of Appeal reducing the award to 12 months on appeal.Which of the following is a valid severe criticism of the Court of Appeal's decision in this matter?

Accepted Answer

The answer of In his decision in the case of...

Question 6

According to policy,Celine's employer has accumulated a number of minor incidents in her employee performance records over the course of her three years with the organization.Should the employer anticipate that it may be necessary and advantageous to terminate Celine's employment,which of the following would strongly influence the decision?

Accepted Answer

The duty to warn is relevant here as it involves informing an employee about performance issues and giving them a chance to improve before termination.

Question 7

Which of the following would an employment lawyer most likely indicate as being equally influenced by collective agreements and individual employment contracts?

Accepted Answer

The implied term of just cause is a common feature that is subject to both collective agreements and individual employment contracts. The other options may be influenced differently by collective agreements and individual employment contracts.

Question 8

If an employee were to breach the duty of loyalty and good faith to his or her employer,which of the following would result?

Accepted Answer

Breaching the duty of loyalty and good faith, such as through a conflict of interest, can lead to dismissal because it directly undermines the trust and integrity required in the employer-employee relationship.

Question 9

Why are employees who have been terminated for cause more likely to commence a legal action for wrongful dismissal?

Accepted Answer

The answer of Why are employees who have been terminated...

Question 10

Fatima has worked as a paralegal with Shep & Shap LLP for 15 years.The firm began to downsize,and Fatima received notice of termination that she considers to be inadequate.She has consulted with Clive,whose law practice specializes in employment law.Which of the following is Clive most likely to consider the quantum of reasonable notice Fatima is entitled to receive?

Accepted Answer

The quantum of reasonable notice is often calculated based on the length of service, and a common rule of thumb is one month per year of service. Therefore, 15 months is likely the most reasonable notice period for Fatima's 15 years of service.

Question 11

Which of the following are the primary factors that tend to lengthen the period of notice an employee is entitled to on termination?

Accepted Answer

The primary factors that tend to lengthen the notice period are the character of employment and the availability of similar employment, as these determine the difficulty the employee might face in finding a comparable job.

Question 12

On February 16,Angelina's doctor placed her on total disability,indicating her condition would likely take the next four months to resolve.On March 1,the employer delivered written notice to Angelina,advising her position of employment would terminate May 1.With regard to the reasonable notice principle,which of the following would a business law professor most likely indicate as the outcome of any legal proceedings?

Accepted Answer

The answer of On February 16,Angelina's doctor placed her on...

Question 13

Roslyn,an accomplished figure skater and instructor,entered into a one-year contract with Figure8s Skating Club Inc.in 2001.The club continued to offer Roslyn one-year contracts each year,which Roslyn consistently accepted before the May 30 deadline.Roslyn consulted a lawyer when her contract for 2011 failed to materialize.Why will Roslyn be entitled to seek damages for wrongful termination?

Accepted Answer

Roslyn's consistent acceptance of one-year contracts created a series of contracts that could be interpreted as creating an indefinite term, which would entitle her to reasonable notice of termination. Therefore, even though her contract had technically expired, the absence of a new contract and any notice or severance meant that she could be entitled to seek damages for wrongful termination. Option A is incorrect because fixed-term contract employees are not provided with prior notice of termination before the expiry of the contract. Option B is also incorrect because statutory notice is the minimum requirement for termination notice, but fixed-term contract employees may be entitled to more notice if specific provisions were included in their contract. Option C is not applicable because the absence of a breach of the fixed-term contract does not automatically mean that the employee cannot seek damages.

Question 14

What is the name given to an employee's deliberate failure to carry out lawful and reasonable orders?

Accepted Answer

Willful disobedience refers to an employee's deliberate refusal to follow lawful and reasonable instructions from their employer or supervisor. Willful insolence and insubordinate conduct may also refer to disobedience, but they are more general terms that can include other types of disrespectful or uncooperative behavior. Incompatible conduct refers to behavior that is inconsistent with the employer's values or goals, but not necessarily disobedient.

Question 15

After three years of stellar performance,Roddy has begun to miss deadlines.After missing the third deadline,Johanna,his human resource manager,met with Roddy and gave him his first written warning.In this situation,what is the role of the duty to warn?

Accepted Answer

The duty to warn in this situation refers to informing the employee of the consequences of the failure to improve, which is the purpose of giving the written warning. This is necessary to ensure that the employee understands the gravity of their behavior and the potential consequences if they continue to miss deadlines. The other options (A, B, and C) do not directly relate to the role of the duty to warn in this specific situation.

Question 16

Which of the following will be required to determine whether an employee's conduct justifies dismissal?

Accepted Answer

To determine whether an employee's conduct justifies dismissal, it is important to assess the context and circumstances surrounding the behavior. This includes considering factors such as the severity of the conduct, the employee's past performance and disciplinary record, and whether the behavior was willful or inadvertent. Disobedience in a matter of substance, conduct prejudicial to the employer's business, and conduct incompatible with duties may also be factors to consider, but they do not necessarily by themselves justify dismissal without considering the context and circumstances.

Question 17

Which of the following is a term implied by common law that will influence an employer's ability to effect termination of an employment arrangement?

Accepted Answer

Reasonable notice is a term implied by common law that requires an employer to provide advance notice to an employee before termination or pay in lieu of notice.

Question 18

During a meeting with in-house counsel,the human resource manager identified something as being easy to articulate but difficult to apply.Which of the following was the manager most likely referring to?

Accepted Answer

Out of the options given, grounds for dismissal could be something that is easy to articulate but difficult to apply. This is because certain behaviors or actions may fall under the category of grounds for dismissal, but considering all other factors such as company policies, labor laws, and potential legal consequences, it may not be a straightforward decision to actually dismiss an employee. Neglect of duty, willful disobedience, and prejudicial conduct all have more specific definitions and may not necessarily apply to every workplace or situation.

Question 19

Which of the following cases set out the factors to be considered in determining quantum of appropriate notice on termination of employment as endorsed by the Supreme Court of Canada?

Accepted Answer

Bardal v. Globe & Mail Ltd. (1960) 24 D.L.R. (2d) 140 (Ont H.C.) is the case that set out the factors to be considered in determining the quantum of appropriate notice on termination of employment as endorsed by the Supreme Court of Canada.

Question 20

An investigation into habitual absenteeism revealed Howard had a second,part-time job.When the work schedules occasionally conflicted,he claimed absence due to illness from his full-time job.By doing so,he received sick pay from one employer while earning a wage from the second.Would a court,in this instance,be more likely to automatically deem just cause for dismissal or take the contextual approach to make that determination?

Accepted Answer

The answer of An investigation into habitual absenteeism revealed Howard...

Quiz 21: Terminating the Employment Relationship