Exam 21: Terminating the Employment Relationship

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.

Briefly discuss why employment law has become increasingly important for employers.

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

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?

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 the employer be justified in terminating Howard?

Jocelyn was notified of her pending transfer to Calgary, where she would manage a satellite office. At 58 years old, she is comfortable residing in the small French-speaking community where she grew up. The chances of her being able to speak her first language in Calgary are slim. Assuming that Jocelyn's contract is silent regarding transfers, what will most likely be the result if Jocelyn refuses the transfer and sues?

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?

In a matter involving an alleged wrongful termination of employment, why would a lawyer encourage the dismissed employee to commence an action for defamation against the employer?

On February 16, Angelina's doctor placed her on total disability, indicating her condition would likely take the next four months to resolve. On March 1, her employer delivered written notice to Angelina, advising her position of employment would terminate May 1. With regard to the reasonable notice principle, what would be the most likely outcome of any legal proceedings?

What is the term for an employee's deliberate failure to carry out lawful and reasonable orders?

In his decision in the case of a 55-year-old clerical worker with 35 years' experience, Mr. Justice McPherson's award of 20 months' reasonable notice on termination was viewed as a signal of the judiciary's willingness to re-examine the notice factors. That view became nebulous upon the Court of Appeal reducing the award to 12 months on appeal. Which of the following is a valid severe criticism of the Court of Appeal's decision in this matter?

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?

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?

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 of the following would most strongly support the trial judge's decision in these circumstances?

A senior-level employee, a high-level employee, and a manager are each entitled to receive one week of notice for each year worked, up to a maximum of eight weeks.

According to policy, Celine's employer has accumulated a number of minor incidents in her employee performance records over the course of her three years with the organization. If her employer anticipates that it may be necessary and advantageous to terminate Celine's employment, which of the following would strongly influence the decision?

During a meeting with in-house counsel, the human resource manager identified something as being easy to articulate but difficult to apply. Which of the following was the manager most likely referring to?

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? a. $156 200 b. $276 200 c. $331 400 d. $351 450

Which of the following is equally influenced by collective agreements and individual employment contracts?

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.