Exam 21: Terminating the Employment Relationship

Which of the following are the primary factors that tend to lengthen the period of notice an employee is entitled to on termination?

Employment standards legislation typically provides that an employee is,on average,entitled to receive one month's notice for each year of employment up to a maximum of 24 months.

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.In these particular circumstances,which of the following would most strongly support the trial judge's decision?

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.

Kyrie has filed a wrongful termination suit alleging bad faith on the part of her former employer of nine years.At the time of her dismissal from her law clerk position,Kyrie earned $52 000 annually and fringe benefits of $100 per month.Which of the following is most likely the calculation of the damage award Kyrie's lawyer has suggested could be awarded under the labour standards legislation in these circumstances?

Which of the following is a term implied by common law that will influence an employer's ability to effect termination of an employment arrangement?

Why are employees who have been terminated for cause more likely to commence a legal action for wrongful dismissal?

With respect to management of the employment relationship,warnings,especially oral warnings,need to be documented so that an employer can establish that the duty to warn was fulfilled.

Jocelyn was notified of her pending transfer to Calgary,where she would manage a satellite office.Despite provision for transfer in her contract,at 58,she is comfortable residing in the small French-speaking community where she grew up.Chances of being able to speak her first language in Calgary are greatly reduced.Should Jocelyn refuse the transfer and sue,which of the following will most likely result?

Bad faith on the part of an employer is often the result of its claiming unfounded allegations of cause for terminating an employment relationship with an employee.

What does the duty to mitigate require of an employee whose position has been constructively terminated?

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.Tess is uncertain of her ability to claim constructive dismissal,as her employment contract fails to specifically address such matters.In this instance,which of the following is most likely a valid statement?

Martina's company is downsizing and she has been notified that her employment relationship will be terminated.She has been asked to give up her right of action with respect to the termination.In that regard,which of the following denotes the proper procedure to be followed by Martina?

An employee may have to decide between pursuing a claim for wrongful termination in the court system or through an employment standards tribunal.Before choosing the employment standards tribunal,which of the following should any employee be fully aware of?

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.

The Supreme Court of Canada noted that the doctrine of constructive dismissal is a creature of both common and civil law.The doctrine is therefore applicable in Quebec,as well as in all of Canada's common law provincial jurisdictions.

Why is specific performance or reinstatement rarely an option provided by the courts to an employee claiming wrongful termination from a position in the non-unionized sector?

An investigation into habitual absenteeism revealed Howard had a second,part-time job.When the work schedules occasionally conflicted,he claimed absence due to illness from his full-time job.By doing so,he received sick pay from one employer while earning a wage from the second.Would a court,in this instance,be more likely to automatically deem just cause for dismissal or take the contextual approach to make that determination?

Discuss how an employer who wishes to terminate an employee may do so in the absence of just cause.

Identify the changes that are considered to be fundamental to the triggering of an action for constructive dismissal.