Question 1

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

Accepted Answer

A) True 
 B)False  True

Question 2

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.

Accepted Answer

A) True 
 B)False  True

Question 3

According to the Supreme Court of Canada, which of the following is an act of employer bad faith with respect to the termination of an employment relationship?

Accepted Answer

A)  failing to provide disability coverage in a benefit package 
B)  withholding statutory severance pending the return of company property 
C)  terminating for communication with potential employers 
D)  alleging cause for termination where there is none 
A)  failing to provide disability coverage in a benefit package 
B)  withholding statutory severance pending the return of company property 
C)  terminating for communication with potential employers 
D)  alleging cause for termination where there is none D

Question 4

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.

Accepted Answer

A) True 
 B)False

Question 5

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

Accepted Answer

A termination settlement may help the de

Question 6

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. What term of reasonable notice would Fatima's lawyer believe she is entitled to receive?

Accepted Answer

A)  15 months 
B)  15 weeks 
C)  8 months 
D)  8 weeks 
A)  15 months 
B)  15 weeks 
C)  8 months 
D)  8 weeks

Question 7

Joseph's employer may issue notice of termination of his employment while he is on parental leave from his position.

Accepted Answer

A) True 
 B)False

Question 8

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 9

Identify the factors to be considered in determining how much notice is required to meet the employer's obligation to provide reasonable notice. Include all the primary factors, as well as other factors that tend to lengthen notice.

Accepted Answer

The primary factors to be considered in

Question 10

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?

Accepted Answer

A)  High-level employees typically use this route to gain more than statutory notice. 
B)  Employee reinstatement or specific performance will be enforced on findings of bad faith. 
C)  Compensation is limited to an amount equivalent to the statutory period of notice. 
D)  It is most often used by low-level employees owing to its reduced cost. 
A)  High-level employees typically use this route to gain more than statutory notice. 
B)  Employee reinstatement or specific performance will be enforced on findings of bad faith. 
C)  Compensation is limited to an amount equivalent to the statutory period of notice. 
D)  It is most often used by low-level employees owing to its reduced cost.

Question 11

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?

Accepted Answer

A)  to make the employer fully aware of the wrongful behaviour 
B)  to determine whether there is any excuse for this behaviour 
C)  to argue there is just cause for termination 
D)  to inform the employee of the consequences of failing to improve 
A)  to make the employer fully aware of the wrongful behaviour 
B)  to determine whether there is any excuse for this behaviour 
C)  to argue there is just cause for termination 
D)  to inform the employee of the consequences of failing to improve

Question 12

To which of the following are factors such as the age of the employee and his or her attachment to the community relevant in employment law?

Accepted Answer

A)  determining whether an employee must mitigate by taking a lower-paying job 
B)  determining the adequacy of the national job market to accommodate the mitigation of loss 
C)  determining whether an employee must mitigate by taking a lower-level job 
D)  determining whether a duty to mitigate requires an employee to move 
A)  determining whether an employee must mitigate by taking a lower-paying job 
B)  determining the adequacy of the national job market to accommodate the mitigation of loss 
C)  determining whether an employee must mitigate by taking a lower-level job 
D)  determining whether a duty to mitigate requires an employee to move

Question 13

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.

Accepted Answer

A) True 
 B)False

Question 14

What is the role of the arbitrator in assessing whether the penalty imposed upon a unionized employee by their employer was appropriate in the circumstances?

Accepted Answer

A)  to look for evidence of progressive discipline 
B)  to order reinstatement without loss of pay, benefits, or seniority 
C)  to assess why the grievance process failed 
D)  to fashion a remedy somewhere between dismissal and reinstatement 
A)  to look for evidence of progressive discipline 
B)  to order reinstatement without loss of pay, benefits, or seniority 
C)  to assess why the grievance process failed 
D)  to fashion a remedy somewhere between dismissal and reinstatement

Question 15

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 16

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.

Accepted Answer

In the case of termination of employment

Question 17

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

Accepted Answer

Just cause exists when the employee is g

Question 18

In addition to damages claimed for wrongful dismissal, the dismissed employee may sue for defamation and intentional infliction of mental suffering.

Accepted Answer

A) True 
 B)False

Question 19

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 20

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.

Accepted Answer

A) True 
 B)False

Exam 21: Terminating the Employment Relationship

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

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.

According to the Supreme Court of Canada, which of the following is an act of employer bad faith with respect to the termination of an employment relationship?

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.

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

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. What term of reasonable notice would Fatima's lawyer believe she is entitled to receive?

Joseph's employer may issue notice of termination of his employment while he is on parental leave from his position.

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.

Identify the factors to be considered in determining how much notice is required to meet the employer's obligation to provide reasonable notice. Include all the primary factors, as well as other factors that tend to lengthen notice.

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?

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?

To which of the following are factors such as the age of the employee and his or her attachment to the community relevant in employment law?

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.

What is the role of the arbitrator in assessing whether the penalty imposed upon a unionized employee by their employer was appropriate in the circumstances?

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.

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.

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

In addition to damages claimed for wrongful dismissal, the dismissed employee may sue for defamation and intentional infliction of mental suffering.

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.

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

Personal Property

Intellectual Property

Real Property

The Employment Relationship

Professional Services

Sales and Marketing: the Contract, Product, and Promotion

Sales and Marketing: Price, Distribution, and Risk Management

Business and Banking

The Legal Aspects of Credit

Bankruptcy and Insolvency

Insurance

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