Question 1

A reduction in damages will be justified in cases of wrongful dismissal where near cause is proven.

Accepted Answer

A) True 
 B)False

Question 2

Which of the following is an implied term in an employment contract?

Accepted Answer

A)  The employer may only terminate for just cause. 
B)  The employer may terminate the employment upon giving reasonable notice. 
C)  Notice must be given upon termination,regardless of just cause. 
D)  The employer is not required to give notice upon termination. 
A)  The employer may only terminate for just cause. 
B)  The employer may terminate the employment upon giving reasonable notice. 
C)  Notice must be given upon termination,regardless of just cause. 
D)  The employer is not required to give notice upon termination.

Question 3

There is no general cap on the amount of notice available in a case of wrongful dismissal.

Accepted Answer

A) True 
 B)False

Question 4

What argument did the Supreme Court of Canada in Dowling v.Halifax [1998] 1 S.C.R.22 refuse to accept from an employer that sought to reduce the claim of a worker who had been wrongfully dismissed?

Accepted Answer

A)  that any act of dishonesty justifies termination 
B)  that dismissal without notice is justified during economic setbacks 
C)  that 'near cause' justifies a reduction in damages for wrongful dismissal 
D)  that reasonable notice should be limited to notice set out in statute 
A)  that any act of dishonesty justifies termination 
B)  that dismissal without notice is justified during economic setbacks 
C)  that 'near cause' justifies a reduction in damages for wrongful dismissal 
D)  that reasonable notice should be limited to notice set out in statute

Question 5

Claudio was recently wrongfully terminated from his job as a professional accountant.The only replacement position he has been able to find is as a payroll clerk for a local trucking company.Which statement best describes Claudio's mitigation duty in this circumstance?

Accepted Answer

A)  The employee could be required to accept a lower position. 
B)  He must only take reasonable steps to find comparable employment. 
C)  He is expected to accept a lower level job. 
D)  He is required to take the first job available. 
A)  The employee could be required to accept a lower position. 
B)  He must only take reasonable steps to find comparable employment. 
C)  He is expected to accept a lower level job. 
D)  He is required to take the first job available.

Question 6

Excel Roofing Ltd.terminated an employee for failing to wear a safety harness while working on a project.What might a court consider when determining whether Excel had just cause?

Accepted Answer

A)  the employer's history regarding occupational health and safety violations 
B)  whether the employee was a full time or part time employee 
C)  whether the employee suffered an injury as a result of not wearing the safety equipment 
D)  whether the employer can show that clear instructions were given to the employee 
A)  the employer's history regarding occupational health and safety violations 
B)  whether the employee was a full time or part time employee 
C)  whether the employee suffered an injury as a result of not wearing the safety equipment 
D)  whether the employer can show that clear instructions were given to the employee

Question 7

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.

Accepted Answer

A) True 
 B)False

Question 8

Jasmine recently quit her job after enduring six months of unceasing racial harassment from a co worker,which,despite many complaints,was never properly dealt with by her employer.Which statement best describes Jasmine's legal position?

Accepted Answer

A)  The court will award her one year of her base salary. 
B)  Jasmine may have been constructively dismissed. 
C)  Jasmine will be entitled to no notice because she voluntarily quit her job. 
D)  Jasmine will be awarded damages for bad faith. 
A)  The court will award her one year of her base salary. 
B)  Jasmine may have been constructively dismissed. 
C)  Jasmine will be entitled to no notice because she voluntarily quit her job. 
D)  Jasmine will be awarded damages for bad faith.

Question 9

Due to her firm's downsizing plans,Marina learned she would be expected to complete clerical work,at her current rate of pay,for five lawyers rather than two.After 25 years of service to the firm,Marina is unhappy with management's decision.Which of the following is her lawyer most likely to indicate as being a valid reason for launching a suit for wrongful termination?

Accepted Answer

A)  A reasonable person would believe the contract's essential term was being changed. 
B)  Changing a fundamental term of an employee contract amounts to constructive dismissal. 
C)  The required bad faith element of constructive dismissal is readily apparent. 
D)  The test for determining whether a substantial change is made is an objective one. 
A)  A reasonable person would believe the contract's essential term was being changed. 
B)  Changing a fundamental term of an employee contract amounts to constructive dismissal. 
C)  The required bad faith element of constructive dismissal is readily apparent. 
D)  The test for determining whether a substantial change is made is an objective one.

Question 10

Courts have found a breach of an employer's duty of good faith and fair dealing for failing to conduct a proper investigation prior to dismissal and for making it difficult for an employee to find new employment.

Accepted Answer

A) True 
 B)False

Question 11

Making a claim to an employment standards tribunal is the route most often taken by low level employees,as they are often entitled to no more than the statutory notice.

Accepted Answer

A) True 
 B)False

Question 12

Reasonable notice is determined solely by the employee's length of service.

Accepted Answer

A) True 
 B)False

Question 13

What term implied by common law will influence an employer's ability to effect the termination of an employment arrangement?

Accepted Answer

A)  condonation 
B)  reasonable notice 
C)  litigation 
D)  Peter principle 
A)  condonation 
B)  reasonable notice 
C)  litigation 
D)  Peter principle

Question 14

Tristan's employment contract with Glengarry Industries was signed 20 years ago when she was first employed and contains a provision limiting her to two months notice of termination.Which statement best describes the most likely outcome?

Accepted Answer

A)  The court will uphold the notice period set out in the contract. 
B)  The court may ignore the contractual provision on the basis that circumstances have changed. 
C)  The court will find the contract void due to undue influence. 
D)  The court will find the contract unconscionable. 
A)  The court will uphold the notice period set out in the contract. 
B)  The court may ignore the contractual provision on the basis that circumstances have changed. 
C)  The court will find the contract void due to undue influence. 
D)  The court will find the contract unconscionable.

Question 15

Alex's employment has been terminated due to a recent amalgamation.She met with Roger,the human resources senior manager,and reviewed the severance package being offered to her.Roger indicated that in his view the package was very generous and would expire at the end of the day.He urged Alex to accept the deal and sign a release,which she did.Why will Alex NOT be legally bound by the terms of the severance package or the release?

Accepted Answer

A)  She was not given sufficient time to consider the package and to obtain independent legal advice. 
B)  The employee's right to sue cannot be waived. 
C)  The termination package was limited to statutory entitlements. 
D)  The termination package is unconscionable. 
A)  She was not given sufficient time to consider the package and to obtain independent legal advice. 
B)  The employee's right to sue cannot be waived. 
C)  The termination package was limited to statutory entitlements. 
D)  The termination package is unconscionable.

Question 16

Which term refers to an employee's deliberate failure to carry out lawful and reasonable orders?

Accepted Answer

A)  willful insolence 
B)  insubordinate conduct 
C)  willful disobedience 
D)  incompatible conduct 
A)  willful insolence 
B)  insubordinate conduct 
C)  willful disobedience 
D)  incompatible conduct

Question 17

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?

Accepted Answer

A)  to minimize the risk of triggering a constructive dismissal 
B)  to avoid the appearance of an employee demotion 
C)  to enact procedures to deal with incidents of bad behaviour 
D)  to avoid positive changes that trigger constructive dismissal 
A)  to minimize the risk of triggering a constructive dismissal 
B)  to avoid the appearance of an employee demotion 
C)  to enact procedures to deal with incidents of bad behaviour 
D)  to avoid positive changes that trigger constructive dismissal

Question 18

Monty works for a trucking company and was recently confronted with video taken by this employer that shows him stealing a set of tires worth $2,000 from the company's lay down yard.Which statement best describes the most likely outcome?

Accepted Answer

A)  Monty can be fired because a single act of dishonesty can justify dismissal if sufficiently serious. 
B)  Monty can be fired because any act of dishonesty is immediately grounds for dismissal with cause. 
C)  The employee cannot be fired because one time incidents cannot be used as a basis for dismissal with cause. 
D)  The employer cannot terminate unless it provides reasonable notice. 
A)  Monty can be fired because a single act of dishonesty can justify dismissal if sufficiently serious. 
B)  Monty can be fired because any act of dishonesty is immediately grounds for dismissal with cause. 
C)  The employee cannot be fired because one time incidents cannot be used as a basis for dismissal with cause. 
D)  The employer cannot terminate unless it provides reasonable notice.

Question 19

The defendant's counsel argued his client's termination of the plaintiff's employment without notice after one incident of incompetence was justified.The court ruled in favour of the defendant.Which statement would most strongly support the trial judge's decision in these circumstances?

Accepted Answer

A)  The conduct is prejudicial to the employer's business. 
B)  The employee falsely claimed to possess the requisite skills. 
C)  The conduct was incompatible with the employer's business. 
D)  The employee's conduct placed him in a conflict of interest. 
A)  The conduct is prejudicial to the employer's business. 
B)  The employee falsely claimed to possess the requisite skills. 
C)  The conduct was incompatible with the employer's business. 
D)  The employee's conduct placed him in a conflict of interest.

Question 20

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?

Accepted Answer

A)  $156 200 
B)  $276 200 
C)  $331 400 
D)  $351 450 
A)  $156 200 
B)  $276 200 
C)  $331 400 
D)  $351 450

Exam 21: Terminating the Employment Relationship

A reduction in damages will be justified in cases of wrongful dismissal where near cause is proven.

Which of the following is an implied term in an employment contract?

There is no general cap on the amount of notice available in a case of wrongful dismissal.

What argument did the Supreme Court of Canada in Dowling v.Halifax [1998] 1 S.C.R.22 refuse to accept from an employer that sought to reduce the claim of a worker who had been wrongfully dismissed?

Claudio was recently wrongfully terminated from his job as a professional accountant.The only replacement position he has been able to find is as a payroll clerk for a local trucking company.Which statement best describes Claudio's mitigation duty in this circumstance?

Excel Roofing Ltd.terminated an employee for failing to wear a safety harness while working on a project.What might a court consider when determining whether Excel had just cause?

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.

Jasmine recently quit her job after enduring six months of unceasing racial harassment from a co worker,which,despite many complaints,was never properly dealt with by her employer.Which statement best describes Jasmine's legal position?

Courts have found a breach of an employer's duty of good faith and fair dealing for failing to conduct a proper investigation prior to dismissal and for making it difficult for an employee to find new employment.

Making a claim to an employment standards tribunal is the route most often taken by low level employees,as they are often entitled to no more than the statutory notice.

Reasonable notice is determined solely by the employee's length of service.

What term implied by common law will influence an employer's ability to effect the termination of an employment arrangement?

Tristan's employment contract with Glengarry Industries was signed 20 years ago when she was first employed and contains a provision limiting her to two months notice of termination.Which statement best describes the most likely outcome?

Which term refers to an employee's deliberate failure to carry out lawful and reasonable orders?

Monty works for a trucking company and was recently confronted with video taken by this employer that shows him stealing a set of tires worth $2,000 from the company's lay down yard.Which statement best describes the most likely outcome?

The defendant's counsel argued his client's termination of the plaintiff's employment without notice after one incident of incompetence was justified.The court ruled in favour of the defendant.Which statement would most strongly support the trial judge's decision in these circumstances?

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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