Question 1

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 not an offence punishable by the employer. In fact, many countries have laws protecting employees who report illegal or unethical behavior by their employers. Whistle-blowing may conflict with an employee's duty of loyalty to the employer, but it is also an important way to promote transparency and accountability in the workplace.

Question 2

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 common requirement for releases related to termination of employment, as it ensures that the employee fully understands the terms and consequences of signing the release before doing so.

Question 3

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

Employers are often required by law to provide reasonable notice or pay in lieu of notice when terminating an employee, and offering time to find alternative employment can fulfill this obligation.

Question 4

A minor change will not generally trigger a constructive dismissal,although the cumulative effect of many minor changes may do so.

Accepted Answer

A single minor change is unlikely to be significant enough to constitute constructive dismissal, but if multiple minor changes collectively alter the terms of employment significantly, it could lead to constructive dismissal.

Question 5

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 6

An employee may be entitled to additional damages for the manner of dismissal.

Accepted Answer

An employee may be entitled to additional damages if the manner of dismissal was conducted in a way that was unfair, discriminatory, or in violation of employment laws or contractual terms.

Question 7

Younger employees in their 20s and 30s are generally entitled only to short periods of notice despite high rates of unemployment among youth.

Accepted Answer

This is generally true in many countries that have minimum employment standards or labor laws that allow for shorter notice periods for employees with less seniority or who have been with the company for a shorter amount of time. However, there may be exceptions or variations depending on the specific jurisdiction and industry.

Question 8

Either an employer has just cause to dismiss an employee and the employee is not entitled to any notice,or the employer does not have just cause to dismiss and the employee is entitled to the full period of reasonable notice.There is no halfway position.

Accepted Answer

This statement is true. An employer must have just cause to dismiss an employee without notice. If they do not have just cause, the employee is entitled to receive reasonable notice. There is no in-between option where the employer can provide some notice but not the full period of reasonable notice.

Question 9

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

Grievance processes are typically included in collective agreements between unions and employers to address disputes related to interpretation, administration, or application of the agreement. If a wrongful termination occurs, the unionized employee would be able to use this process to make a claim or dispute the decision.

Question 10

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 by an employer can result from falsely claiming cause for terminating an employee.

Question 11

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 12

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

Courts have indeed found a breach of an employer's duty of good faith and fair dealing in such situations.

Question 13

The period of notice required to terminate an indefinite-term employment contract involves the consideration of employment standards legislation,contractual provisions,if any,and the common law.

Accepted Answer

The period of notice required to terminate an indefinite-term employment contract is determined by various factors, including employment standards legislation, contractual provisions, if any, and common law principles. Therefore, the statement is true.

Question 14

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 is true. The Supreme Court of Canada did question the practice of awarding additional damages for bad faith damages, also known as the "Wallace bump," in the case of Honda Canada v. Keys.

Question 15

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

The availability of similar employment in the local job market is one of the factors that can be considered by an employer when determining an employee's entitlement to notice of termination. Other factors include the length of service, the reason for the termination, and any contractual obligations. However, the availability of similar employment in the local job market is an important factor as it may affect the employee's ability to find comparable work and therefore their need for notice or severance pay.

Question 16

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 17

The advantage of suing for defamation instead of wrongful dismissal is that damages for defamation are usually significantly higher than those for breach of the employment contract.

Accepted Answer

Damages for defamation can include compensation for harm to reputation, which can be substantial, whereas wrongful dismissal typically involves compensation for lost wages and benefits.

Question 18

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

This statement is true. Settlement packages may include additional benefits such as financial or career counselling and a factual letter of reference, in addition to severance pay.

Question 19

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 20

Reasonable notice is calculated by a rule of thumb of one month of notice for every year of service.

Accepted Answer

The answer of Reasonable notice is calculated by a rule...

Quiz 21: Terminating the Employment Relationship