Question 1

For the past seven years,Hudson has worked as vice president in charge of personnel (a non-union position)for Mountain Enterprises Ltd.As part of a corporate reorganization,the directors of the company decided to downgrade Hudson's position to manager of personnel.Hudson is very upset at this change and consequently refuses to go along with it.The company dismisses him immediately without any notice or pay in lieu thereof,because of his refusal.If Hudson sues for wrongful dismissal,which one of the following statements indicates the most likely outcome of the case?

Accepted Answer

Hudson will likely win because the company unilaterally changed a fundamental term of his employment (his position), which constitutes a breach of the employment contract. Hudson's refusal to accept this significant demotion can be seen as a rejection of a unilateral and substantial alteration to his employment terms, not a justifiable cause for dismissal without notice or compensation.

Question 2

A majority of the employees in a workplace must vote in favour of union organization before certification will be granted.

Accepted Answer

The answer of A majority of the employees in a...

Question 3

Vanessa had been a waitress at Joe's Good Eats for seven years.There had always been differences between Vanessa and Joe because they had radically different views on politics,religion,and sports,but Joe had always overlooked these differences because he liked Vanessa and she was a good waitress.However,on one busy day with the restaurant full of customers,Joe began ranting about city politics.Vanessa whispered,"Please,Joe,you know I don't agree." It ended with Joe yelling,"I've had it with your radical ideas.Get out!" So Vanessa left.The employees at Joe's were not unionized.If Vanessa sues for unlawful dismissal,she will be entitled to damages equivalent to which of the following?

Accepted Answer

Vanessa would be entitled to damages equivalent to the amount that would have been paid during a reasonable notice period less any amounts received from other employment. This is because Joe's Good Eats did not provide Vanessa with notice of termination, and therefore she is entitled to receive damages in lieu of notice. The amount of damages would be calculated based on the reasonable notice period, which takes into account factors such as the employee's age, length of service, and availability of similar employment. However, any amounts received from other employment during the notice period would be deducted from the damages owed to Vanessa.

Question 4

John had worked for his employer for 15 years when he was terminated without notice or pay in lieu of notice.He filed a lawsuit for wrongful dismissal as he felt there was no just cause for the termination,although he did believe there had been a plot to get rid of him.Which of the following is correct?

Accepted Answer

In the absence of just cause, John would likely be entitled to reasonable pay in lieu of notice, but punitive damages would only be awarded if the employer had committed some tort related to John. This means that there needs to be some form of intentional harm or negligence on the part of the employer, beyond simply terminating John without cause, in order for punitive damages to be awarded.

Question 5

Joe worked in Sam's Manufacturing Plant as supervisor for five years,and for five years prior to that had been foreman.Because of a reorganization,the position of supervisor was eliminated and Joe was reassigned to his old job as night foreman.He refused to take it and sued for wrongful dismissal.What would be the outcome?

Accepted Answer

The answer of Joe worked in Sam's Manufacturing Plant as...

Question 6

Darren was wrongfully dismissed and filed a lawsuit for compensation.The employer offered to re-employ Darren for the remainder of the notice period.Although there was no animosity and he did not have employment elsewhere,Darren refused to go back to work.Which of the following is correct?

Accepted Answer

The answer of Darren was wrongfully dismissed and filed a...

Question 7

Which of the following statements is correct with respect to remedies for wrongful dismissal?

Accepted Answer

The answer of Which of the following statements is correct...

Question 8

If the place of employment is not unionized and there are no provisions in the employment contract concerning termination of employment,which of the following would not be within the rights of the employer and therefore actionable by the employee?

Accepted Answer

An employer cannot dismiss an employee without notice or pay in lieu of notice unless there is just cause for termination. Simply running out of work is not considered just cause. B, C, D, and E are all legal reasons for termination with reasonable notice or pay in lieu of notice.

Question 9

Joe had worked for Sam's Manufacturing Company for 10 years when Sam told him one day that,because Sam had lost a major contract,he had no work for Joe to do and Joe was fired as of that time.Explain Joe's legal position.

Accepted Answer

The answer of Joe had worked for Sam's Manufacturing Company...

Question 10

John Li has worked as manager of a video store for six years.Since the 7-Eleven next door began renting movies for 97 cents per night,Li's business has fallen off drastically.Accordingly,the owner of the video store told Li that,because the business had fallen on such hard times,he would take over managing and Li would have to assume the counter duties.The present counter clerk would be laid off.The owner also told Li that his wages would be reduced by 15%.When Li came to work the next day,he told the owner that he wouldn't accept the job working at the counter.The owner became angry and said,"If you don't like it,then you can leave! I don't have to put up with your insubordination for one minute!" Li left and then sued the owner for unlawful dismissal.The owner argued that he had "just cause": economic slowdown and disobedience.Based on the above facts,identify the true statement.

Accepted Answer

Li would win the unlawful dismissal action because the owner unilaterally changed his job duties without his consent and insisted that he do it. The owner's argument of "just cause" based on economic slowdown and disobedience is not justified in this case.

Question 11

When another employer induces someone to leave her current employment,which of the following actions might the current employer pursue?

Accepted Answer

Inducing someone to leave their current employment may be considered a breach of contract if the employee has signed a contract that includes a non-compete or non-solicitation clause. The current employer may file an action for inducing breach of contract against the new employer who hired the employee. None of the other options mentioned are applicable in this scenario.

Question 12

When an employee leaves the job because of constructive dismissal,his or her only recourse is to complain to the appropriate human rights tribunal.

Accepted Answer

While filing a complaint with a human rights tribunal may be a common course of action, an employee who leaves their job due to constructive dismissal may also have the option of filing a lawsuit for wrongful constructive dismissal or claiming unemployment benefits. The appropriate course of action may depend on the specific circumstances and applicable laws in the jurisdiction.

Question 13

Julian was wrongfully dismissed from his place of employment.He retained legal counsel who advised him that he should commence a lawsuit for wrongful dismissal.After instructing his lawyer to commence the lawsuit Julian should:

Accepted Answer

Since Julian was wrongfully dismissed, he has the right to compensation for lost wages and possibly damages. However, he should also begin looking for a new job to mitigate his losses. This shows that he has made a reasonable effort to find new employment and therefore reduce the damages he is entitled to receive.

Question 14

Which of the following is correct with respect to restrictive covenants included in employment contracts?

Accepted Answer

Restrictive covenants can be valid and enforceable in court if they are reasonable and necessary to protect the employer's interests without going further than necessary. The employer must also provide the employee with some form of consideration in exchange for agreeing to the restriction. These covenants cannot simply be imposed without the employee's consent or input.

Question 15

If Joe sued Sam for wrongful dismissal and it was established that Joe was not given the proper notice he was entitled to,what factors would the court take into consideration in assessing the damages he will be awarded?

Accepted Answer

The answer of If Joe sued Sam for wrongful dismissal...

Question 16

Which of the following statements is false with respect to the employee's obligation to give the employer notice upon quitting?

Accepted Answer

This statement is false because an employee cannot leave immediately without notice just because they have a better job offer. The employee still has an obligation to give reasonable notice unless there is just cause for leaving.

Question 17

Trade union activities are controlled by the courts.

Accepted Answer

Trade union activities are not directly controlled by the courts. However, disputes between trade unions and employers may be settled through legal proceedings in court.

Question 18

Which of the following would end the employment relationship by breach,thus possibly giving rise to a claim for damages for wrongful dismissal?

Accepted Answer

The answer of Which of the following would end the...

Question 19

Certification is notice to a labour relations board that the union intends to go on strike.

Accepted Answer

Certification is the process by which a union is legally recognized as the exclusive bargaining agent for a group of employees. It does not necessarily mean that a strike will occur.

Question 20

The explosive confrontations between management and workers attempting to organize themselves to offset the power of the employer led most governments to pass laws that would create and maintain labour peace.Which of the following is false with regard to collective bargaining legislation?

Accepted Answer

This statement is false. It is an unfair labour practice for employers to interfere with, restrain, or coerce employees who are seeking to form or join a union. This includes blocking workers from organizing themselves as a union. Employers cannot use any tactics - including the threat of violence - to prevent workers from organizing themselves.

Quiz 6: Agency and Employment