Jeff had worked for Sweetums Candy Shoppe for the last 12 years. His boss came in one morning and told Jeff that although he had always been a great employee, he was being let go for financial reasons. He gave Jeff only 2 weeks' notice. Jeff checked his employment contract and verified that the agreement provided that only 2 weeks' notice was required. Under the terms of the employment standards legislation, Jeff is entitled to a minimum of 8 weeks' notice. If Jeff sues for wrongful dismissal, what is the Court likely to find?
A) The contractual term overrides the common law and statutory provisions by virtue of the freedom to contract. Jeff would lose his lawsuit.
B) The contractual term does not comply with the legislation, so the Court would substitute the minimum notice period set out in the statute. Jeff would be entitled to 8 weeks' notice.
C) Jeff is not entitled to any notice. When a business runs into financial difficulty, that it considered just cause to terminate an employee.
D) Jeff is entitled to the amount set out in the legislation, plus any amount specified in the contract. Jeff should have been given 10 weeks' notice.
E) The contractual term does not comply with the legislation, so it is void. The Court would award damages calculated on the basis of a reasonable amount of notice.
Correct Answer:
Verified
Q20: Drew got a non-union, senior-management-level job. After
Q21: In the case of Peters & Co
Q22: Which of the following statements is correct
Q23: Vanessa had been a waitress at Joe's
Q24: Which one of the following statements is
Q26: Which of the following statements is false
Q27: Which one of the following statements about
Q28: In Robichaud v. Canada (Treasury Board), the
Q29: When an employer demotes an employee or
Q30: Which one of the following is correct
Unlock this Answer For Free Now!
View this answer and more for free by performing one of the following actions
Scan the QR code to install the App and get 2 free unlocks
Unlock quizzes for free by uploading documents