Question 1

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 2

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 3

In circumstances involving 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

The duty to mitigate requires the employee to make reasonable efforts to find comparable employment, but they are not strictly required to accept lower-level positions.

Question 4

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

It is common for employers to offer financial or career counselling services and a letter of reference as part of a settlement package for termination of employment.

Question 5

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

Accepted Answer

Fundamental terms, also known as essential terms, are crucial to the employment contract and their absence would make the contract invalid or void. Examples of fundamental terms include salary, job description, hours of work, and start date.

Question 6

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 7

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 occur when they terminate an employee without a valid reason or claiming unfounded allegations as cause for termination.

Question 8

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 is correct, as the Supreme Court of Canada has recognized the doctrine of constructive dismissal as having roots in both common and civil law, and thus applicable in all Canadian jurisdictions.

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

This statement is true. When a wrongful termination of a unionized employee occurs, the dispute related to the interpretation, administration, or application of the collective agreement must be resolved through the grievance process outlined in the agreement.

Question 10

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 generally true in most jurisdictions. Independent legal advice protects the interests of the employee and ensures that they understand the implications of signing the release, particularly with regards to their legal rights and any potential claims against the employer.

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

An employer who has dismissed an employee in bad faith may,in addition to damages for reasonable notice,also be vulnerable to an additional extension of damages legally known as the Wallace bump.

Accepted Answer

The Wallace bump is an additional extension of damages that an employer may face if they have dismissed an employee in bad faith, in addition to damages for reasonable notice.

Question 13

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 for these reasons.

Question 14

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,an...

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 a specific amount of notice of termination of employment, as stated in many employment laws and regulations.

Question 16

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

Documentation of warnings helps employers establish that they fulfilled their duty to warn employees, especially if the need arises for disciplinary action or termination.

Question 17

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 by an employee is not always an offence punishable by the employer. In many cases, whistle-blowing is protected under the law and encourages employees to report illegal, unethical or unsafe actions by their employers. While it may strain the relationship between the employee and employer, it is not a breach of loyalty and good faith if the information being disclosed is in the public interest.

Question 18

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 for the employer to fulfill its duty of providing reasonable notice, which is a legal requirement in many jurisdictions. By giving Riel additional time to seek new employment, the employer is showing that it is taking steps to mitigate the impact of the termination on Riel's livelihood.

Question 19

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 (if false and damaging statements were made about them) and intentional infliction of mental suffering (if the employer's conduct was extreme and outrageous and caused severe emotional distress).

Question 20

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 answer of A senior-level employee,a high-level employee,and a manager...

Quiz 21: Terminating the Employment Relationship