Exam 21: Terminating the Employment Relationship

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?

Before making any changes affecting Kim's job,his human resources manager discussed the nature of the changes and the necessity for them.She asked Kim to assess the impact of the changes for the ensuing month.What is the human resource manager's motive for handling the proposed changes to Kim's employment arrangement in this manner?

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.

The advantage of suing for defamation instead of wrongful dismissal is that damages for defamation are usually significantly higher than those for breach of the employment contract.

All week,Jeff consistently ran the Naked News on his computer while Tess was present taking instruction on his files.Despite her obvious discomfort and repeated requests that he turn the program off,Jeff,a senior partner,ignored the requests.Would a claim for constructive dismissal be justified in this instance?

In circumstances involving the 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.

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.

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.

Jerry has decided to accept his employer's termination package,which will give him six months pay and benefits in lieu of six months of notice.What condition will the employer likely stipulate in exchange for its agreement to pay Jerry the six months of pay and benefits?

Which of the following is a distinguishing characteristic of the collective agreement,with respect to challenging an employer's decision to terminate an employment relationship with a unionized employee?

Identify the factors that must be examined in each situation of termination of an employment relationship based on grounds for termination without notice.

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?

Explain the distinction between "near cause" and "just cause."

In Honda Canada v.Keys,the Supreme Court of Canada has called into question the practice of awarding of additional damages for bad faith damages,sometimes referred to as the "Wallace bump."

Which of the following is the term for chronic absenteeism and lateness without authorization or excuse?

Reasonable notice is calculated by a rule of thumb of one month of notice for every year of service.

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?

Having recently saved the company a half a million in lost productivity,Stan was ill-prepared for the unexpected termination of his employment and the humiliation of being escorted from the building.He advised his lawyer that after 25 years of continuous service,his employment contract provided for an annual salary of $120 000,an annual bonus of no less than $35 000,and monthly fringe benefits of $100.What amount will Stan's lawyer ask a court for in damages?

Which of the following would be included in the monies prescribed by legislation as due and owing to an employee at the time of their termination?

Discuss the benefits that may be derived by both parties from a termination settlement.