Exam 21: Terminating the Employment Relationship

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

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 cases set out the factors to be considered in determining quantum of appropriate notice on termination of employment as endorsed by the Supreme Court of Canada?

A fundamental term is a term that is considered to be essential to the employment contract.

An employer who has dismissed an employee in bad faith may,in addition to damages for reasonable notice,also be vulnerable to an additional extension of damages legally known as the Wallace bump.

Briefly explain how a low-level employee may pursue an action for constructive dismissal and any benefits that may flow to that employee as a result.

Whistle-blowing by an employee is an offence punishable by the employer because it directly conflicts with the employee's duty of loyalty and good faith to the employer.

Roslyn,an accomplished figure skater and instructor,entered into a one-year contract with Figure8s Skating Club Inc.in 2001.The club continued to offer Roslyn one-year contracts each year,which Roslyn consistently accepted before the May 30 deadline.Roslyn consulted a lawyer when her contract for 2011 failed to materialize.Why will Roslyn be entitled to seek damages for wrongful termination?

Fatima has worked as a paralegal with Shep & Shap LLP for 15 years.The firm began to downsize,and Fatima received notice of termination that she considers to be inadequate.She has consulted with Clive,whose law practice specializes in employment law.Which of the following is Clive most likely to consider the quantum of reasonable notice Fatima is entitled to receive?

One of the primary factors to be considered by an employer when determining an employee's entitlement to a specific amount of notice of termination of employment is the availability of similar employment in the local job market.

An employer's motivation for providing six weeks for Riel to find alternative employment prior to dismissal from his position is based on the need to ensure its compliance with reasonable notice requirements.

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

Explain what "just cause" means and identify the types of employee conduct that would be considered just cause.

A court is hearing a matter regarding alleged wrongful termination involving serious allegations of employee dishonesty.Based on these allegations,what must the court consider in arriving at its decision?

If an employee were to breach the duty of loyalty and good faith to his or her employer,which of the following would result?

With respect to termination of an employment relationship,which of the following has the Supreme Court of Canada indicated it would consider to be an act of employer bad faith?

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?

According to the Supreme Court of Canada,an employer who conducts a dismissal "in bad faith" may be vulnerable to additional damages known as the Wallace bump.

Alex's employment has been terminated due to a recent amalgamation.She met with Roger,the human resource 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?

Which of the following will be required to determine whether an employee's conduct justifies dismissal?