Ch 11-16 Quiz Flashcards
Dismissal without reasonable notice must be based on employee wrongdoing or failure to perform the job.
True
An employer is responsible for all torts committed by his employee.
False, not intentional torts unless e.g. police assaulting
An employee’s refusal to sign a disadvantageous new employment agreement does not usually constitute just cause for dismissal.
T
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.
True e.g. only Chinese restaurant for 20km
Any contractual term that sets out different notice periods than those in the Employment Standards Act is invalid.
F
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.
F
When one employee sexually harasses another, the only recourse is to sue the harassing employee.
False. Complaint under HRC or sue employer for negligence—vicarious liability
When an employee leaves the job because of constructive dismissal his only recourse is to complain to the appropriate human rights tribunal.
False …wrongful dismissal
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.
T
An employer is vicariously liable for the torts committed on the job by employees and independent contractors.
F
Unless an employee can successfully demonstrate constructive dismissal, once he resigns he cannot make a claim for wrongful dismissal.
F
In B.C. it is legal for employees to require mandatory retirement at age 65.
False except for ? BFOR
An employer can be held vicariously liable if its employee sexually assaults another employee during work.
True (employer must keep employee safe)
In general, modification of an employment agreement in consideration of continued employment is not binding on the employee.
T
An employer may legally dismiss an employee for any reason as long as it does not violate the Charter of Rights.
False…HRC or Canadian HR Act
An employee who is dismissed without reasonable notice can sue for wrongful dismissal.
T
If an employer becomes insolvent it is exempted from the reasonable-notice requirement when it is forced to lay off employees.
F
Where a plaintiff sues for wrongful dismissal she should be able to show that she has made reasonable efforts to find another job.
T
What are these efforts referred to?
called Mitigation
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.
True (3 months probation)
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?
Where there is inducement
A termination notice, like a contract, can be oral or in writing or a combination of both.
False Must be in writing
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.
T
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.
T
