Ch 11 *Janine*Done

Question 1

Contract terms include which terms?

Answer 1

Expressed (Found in contract)

Implied (by common law)

Question 2

What is contained in Employee Handbooks

Answer 2

Quick reference of when, where, and how of working for the employer.

Question 3

What is contained in a policy manual

Answer 3

Explains the why things are to be done in a particular way.
Set out rules and obligations of ees.
It can’t contradict the employment contract.

Question 4

10 Steps to bind employees to the terms of the manual.

Answer 4

1. Incorporate by reference into ee contract with a line that it may make changes from time to time.
2. Provide copy before signing
3. Manual language is clear
4. Apply policies consistently among ees.
5. Ensure ees. have up to date copy
6. Give lots of notice for any upcoming significant changes
7. Have ees. sign an acknowledgement of receipt of policy change notice
8. Ensure ees. understand breach of policy concequences
9. Create a clause giving the er. sole desecration to change policies.

Question 5

In order to amend minor terms of the contract you must:

Answer 5

Announce and Distribute

Question 6

To amend terms that are fundamental to the contract you must:

Answer 6

Provide fresh consideration.

Question 7

Y/N Must an employee accept a promotion?

Answer 7

No.

Question 8

If the the ee accepts the promotion but is unable to perform the new job the employer should:

Answer 8

Either return the ee to previous job or provide reasonable notice.

Question 9

Y/N Is a promotion a change to the employment contract?

Answer 9

Yes

Question 10

T/F Employee performance appraisals are a form of discipline.

Answer 10

F

Question 11

Employee appraisals are an opportunity to do what?

Answer 11

Provide feedback
further the company's objectives
Communicate job standards
Give ee a chance to respond
Set future goals
Keep performance review separate from salary reviews.
Give ee a copy of appraisals.

Question 12

Progressive discipline must be

Answer 12

Proportionate toi the misconduct.

Must be responded to in a reasonable time period.

Question 13

Progressive discipline for less serious infractions is based on

Answer 13

A series of increasing steps by the er.
Ie. first occurrence - verbal warning
progress to final written warning.

Question 14

If the employment contract is significantly changed, it could be considered

Answer 14

Constructive Dismissal

Question 15

If the ee choose to reject the altered employment contract what must an er provide?

Answer 15

Direct statements regarding the consequences of that rejection.

Question 16

Can the reasonable notice of significant changes to the employment contract be used as reasonable notice period for dismissal?

Answer 16

Yes

Question 17

If an employer is in a position to terminate with little or no notice, and clearly intends to do so if the new terms are not accepted, is a promise not to terminate consideration for a new contract?

Answer 17

Yes

Question 18

What option should be considered as a last resort if the ee refuses to sign the new termsand why?

Answer 18

Dismissal with reasonable notice. Because it effects moral.

Question 19

If the er forgets about the end of an employment contract, what type of contract does it become?

Answer 19

An indefinite-term contract. The ee looses the benefits of a fixed term contract.

Question 20

Why should er revisit all employment contracts?

Answer 20

To keep employment relationships current so that courts won’t refuse to enforce the entire contract.

Question 21

What types of incidents is immediate dismissal appropriate?

Answer 21

Theft, acts of violence

Question 22

What is a benefit of consistently applied discipline?

Answer 22

The employee will is less likely to challenge the dismissal.

Question 23

What is condonation and when does it occur?

Answer 23

When an er condones ee misconduct. It occurs when an er is aware of misconduct and takes no disciplinary action within reasonable time. The er can’t later use misconduct as grounds for dismissal.

Question 24

When can suspension without pay be used without it constituting constructive dismissal?

Answer 24

When it is an expressed or implied term in the employment contract.

Question 25

Who has the onus to prove that suspension without pay was in the (Expressed or implied) terms the employment contract?

Answer 25

The employer.

Question 26

Can probation be used as part of progressive discipline?

Answer 26

Yes, so long as it provides the ee with reasonable opportunity to improve. It cannot cut the probation period short without leaving it self open to wrongful dismissal action.

Question 27

Can an employer temporary layoff employees on a short term bases without it being constructive dismissal?

Answer 27

Yes

Question 28

What are the two types of absenteeism?

Answer 28

Innocent and culpable.

Question 29

Can innocent absenteeism ever be subject to disciplinary action?

Answer 29

No.

Question 30

If an innocent absentee is frequent what should an er do?

Answer 30

Find out if it is a disability as it may fall under duty to accommodate.

Question 31

If an employee’s absenteeism is likely to continue and he is likely never to return to regular work, what can an employer do?

Answer 31

Dismiss the employee on a non-disciplinary bases for frustrating the contract. However, it takes years to establish this and long-term disability benefits must be considered.

Question 32

When is an action deemed to be in the course of employment and thus an er can be held vicariously liable?

Answer 32

When it is authorized by the er
or
if unauthorized, but so connected with authorized acts that it may be regarded as a mode of doing an authorized act.