Ch 11-16 Quiz

Question 1

Dismissal without reasonable notice must be based on employee wrongdoing or failure to perform the job.

Answer 1

True

Question 2

An employer is responsible for all torts committed by his employee.

Answer 2

False, not intentional torts unless e.g. police assaulting

Question 3

An employee’s refusal to sign a disadvantageous new employment agreement does not usually constitute just cause for dismissal.

Answer 3

T

Question 4

Not only must a restrictive covenant be reasonable as to time and area but the party trying to enforce it must show that the clause is necessary to protect some proprietary interest.

Answer 4

True e.g. only Chinese restaurant for 20km

Question 5

Any contractual term that sets out different notice periods than those in the Employment Standards Act is invalid.

Answer 5

F

Question 6

The Employment Standards Act sets both a maximum and a minimum amount of notice or pay in lieu of notice that an employer must give an employee upon dismissal.

Answer 6

F

Question 7

When one employee sexually harasses another, the only recourse is to sue the harassing employee.

Answer 7

False. Complaint under HRC or sue employer for negligence—vicarious liability

Question 8

When an employee leaves the job because of constructive dismissal his only recourse is to complain to the appropriate human rights tribunal.

Answer 8

False …wrongful dismissal

Question 9

An employer is responsible for only those torts committed by the employee that take place while the employee is doing what he was employed to do.

Answer 9

T

Question 10

An employer is vicariously liable for the torts committed on the job by employees and independent contractors.

Answer 10

F

Question 11

Unless an employee can successfully demonstrate constructive dismissal, once he resigns he cannot make a claim for wrongful dismissal.

Answer 11

F

Question 12

In B.C. it is legal for employees to require mandatory retirement at age 65.

Answer 12

False except for ? BFOR

Question 13

An employer can be held vicariously liable if its employee sexually assaults another employee during work.

Answer 13

True (employer must keep employee safe)

Question 14

In general, modification of an employment agreement in consideration of continued employment is not binding on the employee.

Answer 14

T

Question 15

An employer may legally dismiss an employee for any reason as long as it does not violate the Charter of Rights.

Answer 15

False…HRC or Canadian HR Act

Question 16

An employee who is dismissed without reasonable notice can sue for wrongful dismissal.

Answer 16

T

Question 17

If an employer becomes insolvent it is exempted from the reasonable-notice requirement when it is forced to lay off employees.

Answer 17

F

Question 18

Where a plaintiff sues for wrongful dismissal she should be able to show that she has made reasonable efforts to find another job.

Answer 18

T

Question 19

What are these efforts referred to?

Answer 19

called Mitigation

Question 20

An employee who has worked for his employer for two months can be dismissed without notice under the ESA as long as the employment contract says or implies nothing to the contrary.

Answer 20

True (3 months probation)

Question 21

In relation to 19. above, and assuming there is no written employment agreement, under what circumstance might an employee be dismissed after two months and still be awarded a substantial sum for damages in an wrongful dismissal action?

Answer 21

Where there is inducement

Question 22

A termination notice, like a contract, can be oral or in writing or a combination of both.

Answer 22

False Must be in writing

Question 23

If the employer claims it had just cause to dismiss an employee because he committed a theft of the employer’s property the court will impose a standard of proof on the employer that is higher than balance of probabilities.

Answer 23

T

Question 24

When deciding whether to dismiss an employee for conduct supporting just cause, the employer has a duty to give the employee an opportunity to be heard or to defend her conduct.

Answer 24

T

Question 25

It is in the employer’s interest to require an employee to answer to misconduct allegations as soon as possible.

Answer 25

True Why? There may not have been misconduct

Question 26

If there is no term in the employment agreement in relation to notice
:

a. the ESA will apply
b. the ESA will not apply
c. common law reasonable notice will apply
d. common law reasonable notice will not apply

Answer 26

c. common law reasonable notice will apply

Question 27

If the ESA applies to a particular dismissal the employee:

a. has no duty to mitigate.
b. has a duty to mitigate.
c. has a duty to mitigate if notice is longer than three months
e. has a duty to mitigate if notice is longer than three weeks.

Answer 27

a. has no duty to mitigate.

Question 28


A change to an employee’s compensation package can justify his resignation and a claim of constructive, and therefore wrongful, dismissal if the:

a. given him reasonable notice of termination
b. given him notice of termination under the ESA
c. not given him fresh consideration and the new compensation package is lower than his existing package.
e. given him fresh consideration or reasonable notice of termination.

Answer 28

c. not given him fresh consideration and the new compensation package is lower than his existing package.

Question 29

If the employer does not stop bullying in the workplace, a bullied employee can resign and sue for wrongful dismissal on the basis of constructive dismissal.

Answer 29

True What else can he do? Complaint under HRC and characterise as discrimination

Question 30

To avoid a claim based on constructive dismissal, the employer should negotiate for the employee’s consent to change contract terms as well as to provide fresh consideration.

Answer 30

T

Question 31

If an employee successfully sues for wrongful dismissal he is not entitled to claim pension entitlements he should have received during the period of reasonable notice.

Answer 31

False. All benefits

Question 32

For EI purposes a record of employment (ROE) must be issued to the employee within 10 calendar days of leaving.

Answer 32

F

Question 33

The CEO of a company owes a fiduciary duty to its shareholders.

Answer 33

F

Question 34

A former non-managerial employee cannot compete directly with the company from which he has just resigned even if there is no written employment agreement.

Answer 34

False

Question 35

What could RBC have done in the RBC v. Merrill Lynch case to prevent the breach of good-faith duty that occurred?

Answer 35

Required the employees to sign non-competition agreements.

Question 36

In the Honda v Keays the Supreme Court of Canada concluded that the Court could extend the notice period where the employer has treated the employee with malice during the dismissal process.

Answer 36

False. Actual damages

Question 37

Managerial employees owe a duty of confidentiality to their employer even after they leave employment.

Answer 37

T. What about non-managerial employees? True

Question 38

36. When the employer has just cause to dismiss an employee and pays the employee cash in lieu of notice on a without prejudice basis this is tantamount to an admission that there was no just cause.

Answer 38

False

Question 39

37.An employee can be disciplined or fired for cause based on online postings or blogs made outside of working hours.

Answer 39

True

Question 40

Condonation refers to a situation where:
(a)an employer is aware of misconduct but takes no disciplinary action within a reasonable time
(b)the employment contract is ambiguous and therefore will be interpreted against the employer
(c)the employment contract no longer reflects the employment relationship
(d)the termination clause in the employment contract is
unenforceable

Answer 40

(a)an employer is aware of misconduct but takes no disciplinary action within a reasonable time

Question 41

To qualify for termination notice or pay in lieu of notice, an employee must have worked for the employer for at least:

(a) two months
(b) three months
(c) one year
(d) employees qualify for notice or pay in lieu of notice from the day of commencement
(e) none of the above

Answer 41

(b)three months

Question 42

Which of the following legal concepts do the courts currently apply in wrongful dismissal cases?

(a) near cause
(b) damages based on reasonable foreseeability
(c) proportionality
(d) all of the above

Answer 42

(c) proportionality