Question 1

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

Accepted Answer

A termination settlement may help the departing employee feel better about termination.A fair offer and settlement may also help keep remaining employees motivated.A fair settlement would ultimately avoid a lawsuit and be less costly for both parties in the long run.It also helps maintain a positive corporate image.

Question 2

Kyle was terminated from his position as an accountant.He believes he was unjustly terminated and intends to sue for wrongful dismissal.The only alternate employment Kyle can find is working as a security guard.Is Kyle obligated to take this job?

Accepted Answer

A)  No,because he was wrongfully terminated. 
B)  Yes,because his duty to mitigate requires him to accept any available alternate employment. 
C)  No,because his duty to mitigate does not require him to take a lower level job. 
D)  Yes,because his duty to mitigate requires him to take any available employment while he continues to look for an accounting position. 
A)  No,because he was wrongfully terminated. 
B)  Yes,because his duty to mitigate requires him to accept any available alternate employment. 
C)  No,because his duty to mitigate does not require him to take a lower level job. 
D)  Yes,because his duty to mitigate requires him to take any available employment while he continues to look for an accounting position. C

Question 3

Jarvis has been employed as a "greeter" in a department store for several years.Recently,his employer recently advised him that he is being transferred to the shipping bay of the store where he will unload trucks.On what legal basis might Jarvis challenge his employer's plan?

Accepted Answer

A)  His employer has failed to prove that it has a genuine business reason for the transfer. 
B)  An employer cannot change any conditions of employment without first obtaining an employee's consent. 
C)  The employer has breached employment standards legislation. 
D)  Without his consent,the move will constitute constructive dismissal. 
A)  His employer has failed to prove that it has a genuine business reason for the transfer. 
B)  An employer cannot change any conditions of employment without first obtaining an employee's consent. 
C)  The employer has breached employment standards legislation. 
D)  Without his consent,the move will constitute constructive dismissal. D

Question 4

Which statement best describes the approach of the courts with respect to punitive damage awards in cases involving wrongful dismissal?

Accepted Answer

A)  Punitive damages will be normally be awarded in cases involving wrongful dismissal. 
B)  Punitive damages will only be awarded when there is a separate actionable wrong such as deceit or defamation. 
C)  Punitive damages are not available in wrongful dismissal claims. 
D)  Punitive damages awards must be regularly awarded to ensure employers are not abusive. 
A)  Punitive damages will be normally be awarded in cases involving wrongful dismissal. 
B)  Punitive damages will only be awarded when there is a separate actionable wrong such as deceit or defamation. 
C)  Punitive damages are not available in wrongful dismissal claims. 
D)  Punitive damages awards must be regularly awarded to ensure employers are not abusive.

Question 5

According to the Supreme Court of Canada in Honda Canada Inc.v.Keys,when would it be appropriate to award punitive damages in the context of a wrongful dismissal suit?

Accepted Answer

A)  where the employer attempted to offer the employee less than statutory notice 
B)  in most cases where the dismissal is found to have been without cause 
C)  where the employee has suffered depression as a result of the wrongful termination 
D)  only in exceptional cases where the employer's acts are malicious or outrageous 
A)  where the employer attempted to offer the employee less than statutory notice 
B)  in most cases where the dismissal is found to have been without cause 
C)  where the employee has suffered depression as a result of the wrongful termination 
D)  only in exceptional cases where the employer's acts are malicious or outrageous

Question 6

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?

Accepted Answer

A)  The matter will immediately be referred to a binding arbitration process. 
B)  The employee is entitled to a remedy somewhere between dismissal and reinstatement. 
C)  The employee is limited to proceeding through the grievance process. 
D)  The matter is referred to a court if arbitration fails to resolve the grievance. 
A)  The matter will immediately be referred to a binding arbitration process. 
B)  The employee is entitled to a remedy somewhere between dismissal and reinstatement. 
C)  The employee is limited to proceeding through the grievance process. 
D)  The matter is referred to a court if arbitration fails to resolve the grievance.

Question 7

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.

Accepted Answer

A) True 
 B)False

Question 8

With respect to punitive damages,what is meant by the statement "the employer's bad faith acts must be so malicious and outrageous that they are deserving of punishment on their own"?

Accepted Answer

A)  To attract punitive damages,conduct must amount to an independent actionable wrong. 
B)  An employer's bad faith act must be particularly egregious to exclude punitive damages. 
C)  Punitive damages are to be awarded through an award that reflects actual damages. 
D)  Punitive damages are contrary to the courts' policy of balancing commercial interests. 
A)  To attract punitive damages,conduct must amount to an independent actionable wrong. 
B)  An employer's bad faith act must be particularly egregious to exclude punitive damages. 
C)  Punitive damages are to be awarded through an award that reflects actual damages. 
D)  Punitive damages are contrary to the courts' policy of balancing commercial interests.

Question 9

Which of the following would you expect a court to consider when determining the proper amount of notice to award a wrongfully dismissed employee?

Accepted Answer

A)  the employer's reason for dismissal 
B)  the employee's duty of honesty 
C)  the age of the employee 
D)  whether the employee objected to a fundamental change to the working conditions 
A)  the employer's reason for dismissal 
B)  the employee's duty of honesty 
C)  the age of the employee 
D)  whether the employee objected to a fundamental change to the working conditions

Question 10

An employer's substantial efforts to induce a worker to join its organization will increase the reasonable notice period in the event of wrongful dismissal.

Accepted Answer

A) True 
 B)False

Question 11

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

A) True 
 B)False

Question 12

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

A) True 
 B)False

Question 13

Grundy was hired for a nine month term to fill in for an employee on maternity leave.After six months,the employer terminated his employment without cause.How much notice should the employer have given Grundy?

Accepted Answer

A)  none 
B)  three months 
C)  six months 
D)  nine months 
A)  none 
B)  three months 
C)  six months 
D)  nine months

Question 14

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?

Accepted Answer

A)  The reduction was rejected,and an assessment of reasonable notice was ordered. 
B)  The reduction was justified because of just cause. 
C)  The reduction was justified because of near cause. 
D)  The reduction was rejected,as the conduct did not merit dismissal with or without notice. 
A)  The reduction was rejected,and an assessment of reasonable notice was ordered. 
B)  The reduction was justified because of just cause. 
C)  The reduction was justified because of near cause. 
D)  The reduction was rejected,as the conduct did not merit dismissal with or without notice.

Question 15

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."

Accepted Answer

A) True 
 B)False

Question 16

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?

Accepted Answer

A)  A claim is justified by proving a poisoned or intolerable work environment. 
B)  Management needs to enact procedures to deal with bad behaviour. 
C)  Unilateral change in working conditions requires employee consent. 
D)  Unilateral change in working conditions fails to trigger constructive dismissal. 
A)  A claim is justified by proving a poisoned or intolerable work environment. 
B)  Management needs to enact procedures to deal with bad behaviour. 
C)  Unilateral change in working conditions requires employee consent. 
D)  Unilateral change in working conditions fails to trigger constructive dismissal.

Question 17

The period of notice required to terminate an indefinite term employment contract involves the consideration of employment standards legislation,contractual provisions,if any,and the common law.

Accepted Answer

A) True 
 B)False

Question 18

How should an employee reconcile the duty to uphold the public's interest with the duty of loyalty and good faith to an employer with respect to exposing corporate wrongdoing?

Accepted Answer

A)  The employee should sacrifice public interest to preserve his livelihood. 
B)  Duty of loyalty to the employer prevails. 
C)  Public interest must always prevail. 
D)  The duty of loyalty and good faith is upheld by policy of the courts. 
A)  The employee should sacrifice public interest to preserve his livelihood. 
B)  Duty of loyalty to the employer prevails. 
C)  Public interest must always prevail. 
D)  The duty of loyalty and good faith is upheld by policy of the courts.

Question 19

Which of the following is a distinguishing feature of the grievance process?

Accepted Answer

A)  It is used to resolve disputes in union contracts. 
B)  It is available to all employees. 
C)  It can be used in conjunction with a lawsuit for wrongful dismissal. 
D)  It is resolved through the mediation process. 
A)  It is used to resolve disputes in union contracts. 
B)  It is available to all employees. 
C)  It can be used in conjunction with a lawsuit for wrongful dismissal. 
D)  It is resolved through the mediation process.

Question 20

Jerry has decided to accept his employer's termination package,which will give him six months of 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?

Accepted Answer

A)  that Jerry sign a release giving up his right of action against the employer 
B)  that Jerry not seek legal advice 
C)  that Jerry make the decision immediately 
D)  that Jerry retrain his replacement 
A)  that Jerry sign a release giving up his right of action against the employer 
B)  that Jerry not seek legal advice 
C)  that Jerry make the decision immediately 
D)  that Jerry retrain his replacement

Exam 21: Terminating the Employment Relationship

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

Kyle was terminated from his position as an accountant.He believes he was unjustly terminated and intends to sue for wrongful dismissal.The only alternate employment Kyle can find is working as a security guard.Is Kyle obligated to take this job?

Jarvis has been employed as a "greeter" in a department store for several years.Recently,his employer recently advised him that he is being transferred to the shipping bay of the store where he will unload trucks.On what legal basis might Jarvis challenge his employer's plan?

Which statement best describes the approach of the courts with respect to punitive damage awards in cases involving wrongful dismissal?

According to the Supreme Court of Canada in Honda Canada Inc.v.Keys,when would it be appropriate to award punitive damages in the context of a wrongful dismissal suit?

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?

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.

With respect to punitive damages,what is meant by the statement "the employer's bad faith acts must be so malicious and outrageous that they are deserving of punishment on their own"?

Which of the following would you expect a court to consider when determining the proper amount of notice to award a wrongfully dismissed employee?

An employer's substantial efforts to induce a worker to join its organization will increase the reasonable notice period in the event of wrongful dismissal.

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.

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.

Grundy was hired for a nine month term to fill in for an employee on maternity leave.After six months,the employer terminated his employment without cause.How much notice should the employer have given Grundy?

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."

The period of notice required to terminate an indefinite term employment contract involves the consideration of employment standards legislation,contractual provisions,if any,and the common law.

How should an employee reconcile the duty to uphold the public's interest with the duty of loyalty and good faith to an employer with respect to exposing corporate wrongdoing?

Which of the following is a distinguishing feature of the grievance process?

Jerry has decided to accept his employer's termination package,which will give him six months of 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?

Knowledge of Law As a Business Asset

The Canadian Legal System

Managing Legal Risks

Dispute Resolution

An Introduction to Contracts

Forming Contractual Relationships

The Terms of a Contract

Non-Enforcement of Contracts

Termination and Enforcement of Contracts

Introduction to Tort Law

The Tort of Negligence

Other Torts

The Agency Relationship

Business Forms and Arrangements

The Corporate Form: Organizational Matters

The Corporate Form: Operational Matters

Introduction to Property Law

Intellectual Property

Real Property

The Employment Relationship

Professional Services

The Sale of Goods

Consumer Protection and Competition Law

Business and Banking

The Legal Aspects of Credit

Bankruptcy and Insolvency

Insurance

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