Jeff had worked for Sweetums Candy Shoppe for the last 12 years. His boss comes in one morning and tells him that although he has always been a great employee, he is being let go for financial reasons. He gives Jeff only 2 weeks' notice. Jeff checks his employment contract and verifies that the agreement provides that only 2 weeks' notice is required. Under the terms of the employment standards legislation, Jeff is entitled to a minimum of 8 weeks' notice. If Jeff sued for wrongful dismissal, what is the Court likely to find?
A) Jeff is not entitled to any notice. When a business runs into financial difficulty, that it considered just cause to terminate an employee.
B) The contractual term overrides the common law and statutory provisions by virtue of the freedom to contract. Jeff would lose his lawsuit.
C) 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.
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
Q40: Which of the following is a false
Q41: The only kind of disagreement between union
Q42: In Tree Savers International Ltd. v. Savoy,
Q43: In Dowling v. Ontario (Workplace Safety and
Q44: Which of the following is correct with
Q46: In Robichaud v. Canada (Treasury Board), the
Q47: Which of the following statements more accurately
Q48: Which one of the following is correct
Q49: Mr. Lopez, the owner of the firm,
Q50: Lyons v. Multari was a case in
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