Question 1

In circumstances involving the termination of an employment relationship, the duty to mitigate strictly rests with the employee, who is required to a take lower-level employment to offset financial losses.

Accepted Answer

While the duty to mitigate does rest with the employee, they are not strictly required to accept lower level employment. The requirement is to make reasonable efforts to find comparable employment, which considers factors like pay, status, and job responsibilities.

Question 2

Courts have found a breach of an employer's duty of good faith and fair dealing for failing to conduct a proper investigation prior to dismissal and for making it difficult for an employee to find new employment.

Accepted Answer

This statement is true. Courts have found that employers have a duty of good faith and fair dealing towards their employees, which includes conducting a fair investigation before dismissing an employee and not making it difficult for the employee to find new employment. Breach of this duty may result in legal consequences for the employer.

Question 3

One of the primary factors to be considered by an employer when determining an employee's entitlement to a specific amount of notice of termination of employment is the availability of similar employment in the local job market.

Accepted Answer

This is true as an employer must consider the availability of similar employment opportunities for the employee when determining a reasonable notice period to avoid undue hardship on the employee.

Question 4

In addition to damages claimed for wrongful dismissal, the dismissed employee may sue for defamation and intentional infliction of mental suffering.

Accepted Answer

It is possible for a dismissed employee to sue for defamation and intentional infliction of mental suffering in addition to damages claimed for wrongful dismissal if they can prove that the employer's actions caused harm to their reputation or caused them severe emotional distress.

Question 5

In Honda Canada v. Keys, the Supreme Court of Canada has called into question the practice of awarding of additional damages for bad faith damages, sometimes referred to as the "Wallace bump."

Accepted Answer

The statement accurately reflects the ruling in Honda Canada v. Keys. The Supreme Court of Canada found that the "Wallace bump" (referring to the previous case of Wallace v. United Grain Growers Ltd.) was not a fixed rule and that damages for bad faith should only be awarded in exceptional cases. The court also set out factors to consider in determining whether such damages were appropriate.

Question 6

Bad faith on the part of an employer is often the result of its claiming unfounded allegations of cause for terminating an employment relationship with an employee.

Accepted Answer

Bad faith on the part of an employer commonly occurs when they claim unjustified reasons for terminating an employment relationship with their employee.

Question 7

The Supreme Court of Canada noted that the doctrine of constructive dismissal is a creature of both common and civil law. The doctrine is therefore applicable in Quebec, as well as in all of Canada's common law provincial jurisdictions.

Accepted Answer

The statement accurately reflects the Supreme Court of Canada's ruling on the applicability of the doctrine of constructive dismissal in Canada's common law and civil law jurisdictions.

Question 8

A release is a written statement discharging another from an existing duty. In order to be enforceable in relation to a matter involving termination of the employment relationship, the employee must have obtained independent legal advice with respect to the consequences of her signing the release.

Accepted Answer

This is a true statement based on legal requirements in many jurisdictions for a release to be enforceable in the context of employment termination. The rationale is to ensure that the employee fully understands the implications of waiving her rights and any potential claims against the employer in exchange for the consideration offered in the release.

Question 9

Common law provides an employee considered to have been wrongfully terminated with an option of enforcing specific performance requirements of the employment contract, reinstatement, or extended notice or pay in lieu thereof.

Accepted Answer

Common law typically does not allow for specific performance or reinstatement in cases of wrongful termination; instead, it usually provides remedies in the form of damages, such as compensation for lost wages or extended notice/pay in lieu thereof. Specific performance and reinstatement are more commonly associated with labor laws and collective bargaining agreements rather than common law.

Question 10

With respect to management of the employment relationship, warnings, especially oral warnings, need to be documented so that an employer can establish that the duty to warn was fulfilled.

Accepted Answer

Documenting warnings, even oral warnings, serves as evidence that the employer fulfilled their duty to warn in case of any future disputes or legal actions.

Question 11

An employer's motivation for providing six weeks for Riel to find alternative employment prior to dismissal from his position is based on the need to ensure its compliance with reasonable notice requirements.

Accepted Answer

Providing six weeks for Riel to find alternative employment prior to dismissal is a way to fulfill the employer's responsibility to provide reasonable notice. This notice period allows Riel to have time to search for another job and avoid sudden unemployment.

Question 12

In addition to severance pay, an employee's settlement package for termination of the employment relationship may include financial or career counselling and a factual letter of reference.

Accepted Answer

An employee's settlement package for termination of the employment relationship may include financial or career counselling and a factual letter of reference in addition to severance pay.

Question 13

Whistle-blowing by an employee is an offence punishable by the employer because it directly conflicts with the employee's duty of loyalty and good faith to the employer.

Accepted Answer

Whistle-blowing is legally protected in many countries and is not an offence punishable by the employer. In fact, some countries have laws that protect whistle-blowers from retaliation by their employers.

Question 14

The Supreme Court has stated that if an employee can prove that the manner of dismissal caused mental distress, the damages should be awarded through an extension of the notice period, not through an award that reflects the actual damage.

Accepted Answer

The Supreme Court of Canada has stated that damages for mental distress due to the manner of dismissal are not awarded through an extension of the notice period but rather as a separate award that reflects the actual damages suffered by the employee. This approach recognizes the distinct nature of damages for mental distress from those compensating for the loss of notice.

Question 15

A fundamental term is a term that is considered to be essential to the employment contract.

Accepted Answer

A fundamental term is a term that is essential and integral to the employment contract. It includes terms such as salary, job duties, and hours of work. The breach of a fundamental term can lead to termination of the employment contract and may result in legal action.

Question 16

According to the Supreme Court of Canada, an employer who conducts a dismissal "in bad faith" may be vulnerable to additional damages, known as the Wallace bump.

Accepted Answer

The answer of According to the Supreme Court of Canada,...

Question 17

Employment standards legislation typically provides that an employee is, on average, entitled to receive one month's notice for each year of employment, up to a maximum of 24 months.

Accepted Answer

Employment standards legislation varies by jurisdiction, but it generally provides a minimum notice period based on length of service, which is often less than one month per year of employment and does not typically specify a maximum of 24 months.

Question 18

A senior-level employee, a high-level employee, and a manager are each entitled to receive one week of notice for each year worked, up to a maximum of eight weeks.

Accepted Answer

The entitlement to notice periods can vary based on jurisdiction and company policy, and there is no universal rule that applies to all senior-level employees, high-level employees, and managers.

Question 19

Joseph's employer may issue notice of termination of his employment while he is on parental leave from his position.

Accepted Answer

The answer of Joseph's employer may issue notice of termination...

Question 20

Disputes involving the interpretation, administration, or application of the individual content of a collective agreement, as it pertains to the wrongful termination of a unionized employee, must be submitted to a grievance process.

Accepted Answer

This is a common provision in collective agreements, where disputes related to termination of unionized employees are required to be resolved through a grievance procedure outlined in the agreement. This is a key component of the collective bargaining process and helps ensure that disputes are resolved in a fair and consistent manner.

Quiz 21: Terminating the Employment Relationship