Ch 13&14

Question 1

What are examples of just cause?

Answer 1

serious absenteeism, consistent lateness, open disobedience, habitual negligence.

Question 2

When can an er dismiss an ee?

Answer 2

Without cause - anytime with reasonable notice except when it violates HR legislation.
With cause - no notice required.

Question 3

What is reasonable notice according to Employment Standards Act?

Answer 3

After 3 mo, min. set out in the act. i.e.. 1 yr - 2 wks, 3yrs - 3wks. No max.

Question 4

What is reasonable notice in the explicit terms of the employment contract?

Answer 4

Min ESA, usually longer, but can’t be less.

Question 5

What are the implied terms of notice in an employment contract?

Answer 5

Common Law - 1-2 wks to 1 mo for every year of service. Based on employability factors (ie. age, length of service, skills, etc.)

Question 6

Wrongful dismissal is a

a. tort
b. equitable wrong
c. breach of contract
d. statutory wrong

Answer 6

c. breach of contract

Question 7

In a suit brought against an er, what must the ee do?

Answer 7

Midigate losses by proving he’s been looking for work.

Question 8

(DF) Constructive dismissal

Answer 8

When employment contract is breached b/c job changes or conditions become intolerable.

Question 9

When can an ee leave without notice?

Answer 9

When made to work in dangerous conditions that involve immoral/illegal activities.

Question 10

Does a lay-off exempt an er from reasonable notice?

Answer 10

no

Question 11

What damages are ees entitled to?

Answer 11

Pay, benefits, pension rights. Rarely punitive damages, damages for defamation, damages within the “reasonable expectations of the parties”(mental distress)

Question 12

Other than litigation, what recourse does an ee have when he believes he’s been wrongfully dismissed?

Answer 12

HR Tribunal, complain under ESA.

Question 13

Who can make orders about the ESA under s.79?

Answer 13

The Director of ESA

Question 14

What must be included in an er’s termination notice?

Answer 14

• be in writing
• er’s address
• correct notice period or longer
• must be delivered in person, by mail, by email or by fax.

Question 15

If a business is sold and ees stay on with new er, what rights to the ees retain?

Answer 15

All statutory rights

Length of service

Question 16

What is a temporary layoff

Answer 16

Ceasing of work with intent to recall when an ee receives less than half his regular pay. after a 60 day layoff the ee is no longer employed, unless otherwise contracted for longer.

Question 17

Notice of termination is not required for ees who are temporarily laidoff if:

Answer 17

1. seasonal industry where it’s the practice to hire and layoff every year.
2. notified when hired.
3. laid off as a result of normal seasonal reduction/business closure.

Question 18

When an er provides notice rather than pay in lieu of notice, what must the er do?

Answer 18

• not change is wage rate
• not change any other term in the employment contract
• pay regular (or avg. of past) wages.

Question 19

What is mass termination?

Answer 19

Termination of 50 or more ees within 2 months.

Question 20

What is just cause for termination?

Answer 20

When the ee breaches the employment contract in such a fundamental way the er is not bound by it.

Question 21

Who has the burden of proof to establish that the ee breached the employment contract?

Answer 21

the ER.

Question 22

If the er is alleging criminal misconduct, what is the standard of proof?

Answer 22

Higher than balance of probabilities > Beyond a reasonable doubt.

Question 23

What are the steps in procedural fairness?

Answer 23

• investigate in good faith, thoroughly, promptly, and in confidence.
• allow ee the full opportunity to respond to gather more evidence, demonstrate if ee wrongly accused, avoid wrongful dismissal.
• consider the misconduct; planned, remorse, context,
• look at the misconduct in the context of overall employment relationship.

Question 24

Can an er use just cause after it’s dismissed an ee without cause?

Answer 24

yes. Ers can use after-aquired info, and can change the grounds for dismissal.

Question 25

What is condonation?

Answer 25

When an er discovers misconduct or poor performance and doesn’t respond in a reasonable time. The misconduct can’t then be used as just cause for dismissal.

Question 26

What approach is applied to dismissal for dishonesty

Answer 26

Contextual approach - dismissal must be proportional to the conduct.

Question 27

Can a single act of insubordination constitute just cause?

Answer 27

Yes, but rare. Usually must show pattern.

Question 28

What must an er show to prove just cause of termination if the er’s misconduct occurred while off duty?

Answer 28

That the misconduct could harm the reputation of the business.

Question 29

What are the grounds that cannot constitute just cause?

Answer 29

Any legislated acts, Codes, regulations.

Question 30

Is alcohol abuse grounds for immediate dismissal?

Answer 30

No. Provided they are not working in a safety sensitive area.

Question 31

Who can be terminated immediately (i.e.. without progressive discipline) for sexual harassment?

Answer 31

Any senior level employee.