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
It is in the employer’s interest to require an employee to answer to misconduct allegations as soon as possible.
True Why? There may not have been misconduct
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
c. common law reasonable notice will apply
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.
a. has no duty to mitigate.
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.
c. not given him fresh consideration and the new compensation package is lower than his existing package.
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.
True What else can he do? Complaint under HRC and characterise as discrimination
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.
T
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.
False. All benefits
For EI purposes a record of employment (ROE) must be issued to the employee within 10 calendar days of leaving.
F
The CEO of a company owes a fiduciary duty to its shareholders.
F
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.
False
What could RBC have done in the RBC v. Merrill Lynch case to prevent the breach of good-faith duty that occurred?
Required the employees to sign non-competition agreements.
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.
False. Actual damages
Managerial employees owe a duty of confidentiality to their employer even after they leave employment.
T. What about non-managerial employees? True
- 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.
False
37.An employee can be disciplined or fired for cause based on online postings or blogs made outside of working hours.
True
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
(a)an employer is aware of misconduct but takes no disciplinary action within a reasonable time
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
(b)three months
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
(c) proportionality
