Question 1

What term implied by common law will influence an employer's ability to effect the termination of an employment arrangement?

Accepted Answer

Reasonable notice is a term implied by common law that influences an employer's ability to terminate an employment arrangement, requiring the employer to give the employee advance notice of termination or pay in lieu thereof, except in cases of serious misconduct.

Question 2

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.If her employer anticipates 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 involves informing an employee about performance issues and giving them a chance to improve before termination, which would be relevant if Celine's employer is considering termination based on her performance record.

Question 3

Monty works for a trucking company and was recently confronted with video taken by this employer that shows him stealing a set of tires worth $2,000 from the company's lay down yard.Which statement best describes the most likely outcome?

Accepted Answer

A single act of dishonesty, especially one involving theft of significant value, can be considered sufficiently serious to justify dismissal with cause, eliminating the need for the employer to provide notice or severance.

Question 4

Grundy was hired for a nine month term to fill in for an employee on maternity leave.After six months,the employer terminated his employment without cause.How much notice should the employer have given Grundy?

Accepted Answer

The employer should have given Grundy three months' notice because that would cover the remainder of his nine-month term. Terminating his employment without cause before the term ends requires notice equivalent to the time left on the contract, unless otherwise specified in the contract.

Question 5

Which of the following would you expect a court to consider when determining the proper amount of notice to award a wrongfully dismissed employee?

Accepted Answer

Courts often consider factors such as the age of the employee when determining reasonable notice, as older employees may find it more difficult to secure new employment.

Question 6

Which statement best describes the approach of the courts with respect to punitive damage awards in cases involving wrongful dismissal?

Accepted Answer

The answer of Which statement best describes the approach of...

Question 7

Excel Roofing Ltd.terminated an employee for failing to wear a safety harness while working on a project.What might a court consider when determining whether Excel had just cause?

Accepted Answer

The answer of Excel Roofing Ltd.terminated an employee for failing...

Question 8

Which term refers to an employee's deliberate failure to carry out lawful and reasonable orders?

Accepted Answer

Willful disobedience refers to an employee's intentional failure to follow lawful and reasonable orders from their employer, which is a form of misconduct.

Question 9

Tristan's employment contract with Glengarry Industries was signed 20 years ago when she was first employed and contains a provision limiting her to two months notice of termination.Which statement best describes the most likely outcome?

Accepted Answer

Courts may disregard contractual provisions like the notice period if they find that circumstances have significantly changed since the contract was signed, making the original terms unreasonable or unfair in the current context. Given the long duration of employment, a court might consider a two-month notice period insufficient and not reflective of the employee's tenure and possibly changed employment landscape.

Question 10

Jarvis has been employed as a "greeter" in a department store for several years.Recently,his employer recently advised him that he is being transferred to the shipping bay of the store where he will unload trucks.On what legal basis might Jarvis challenge his employer's plan?

Accepted Answer

The transfer to a significantly different role without Jarvis's consent could be considered a constructive dismissal, as it may represent a fundamental change to his employment terms.

Question 11

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.What term of reasonable notice would Fatima's lawyer believe she is entitled to receive?

Accepted Answer

Fatima's lawyer would likely argue for a term of reasonable notice that reflects her long tenure of 15 years, which would typically be closer to 15 months rather than weeks or a shorter period.

Question 12

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 and ordered an assessment of reasonable notice, as the conduct did not justify a reduction in the notice period.

Question 13

Marta's employment contract specifies she is entitled to four month of notice before termination.What are Marta's obligation in the event she is terminated without cause?

Accepted Answer

The answer of Marta's employment contract specifies she is entitled...

Question 14

The 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.Which statement would most strongly support the trial judge's decision in these circumstances?

Accepted Answer

The employee falsely claiming to possess the requisite skills could justify termination without notice, as it indicates the employee misrepresented their abilities, directly impacting their employment validity.

Question 15

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,her employer delivered written notice to Angelina,advising her position of employment would terminate May 1.With regard to the reasonable notice principle,what would be the most likely outcome of any legal proceedings?

Accepted Answer

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

Question 16

Which of the following is an implied term in an employment contract?

Accepted Answer

Implied terms in an employment contract often include the requirement for the employer to give reasonable notice upon termination, unless there is just cause for immediate dismissal. This is a standard legal principle in many jurisdictions to ensure fair treatment of employees.

Question 17

Which statement best describes the implied rights and duties of an employer that wishes to terminate an employment relationship without cause?

Accepted Answer

Employers have the right to terminate an employment relationship without cause, but they are typically required to provide reasonable notice or pay in lieu of notice to the employee, depending on the jurisdiction and the specific terms of the employment contract.

Question 18

What 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 an employee might face in finding a new job.

Question 19

After three years of stellar performance,Roddy has begun to miss deadlines.After missing the third deadline,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 serves to inform the employee of the consequences of failing to improve, ensuring they understand the seriousness of their actions and the potential outcomes if their performance does not change.

Question 20

What argument did the Supreme Court of Canada in Dowling v.Halifax [1998] 1 S.C.R.22 refuse to accept from an employer that sought to reduce the claim of a worker who had been wrongfully dismissed?

Accepted Answer

The Supreme Court of Canada in Dowling v. Halifax [1998] refused to accept the argument that 'near cause' justifies a reduction in damages for wrongful dismissal, emphasizing that either there is just cause for dismissal or there is not; a concept of 'near cause' does not exist in this context.

Quiz 21: Terminating the Employment Relationship