Chapter 15 - Dismissal without Cause

Question 1

5 determinants of Frustration of Contract:

Answer 1

1) The terms of the contract, including provisions relating to sick pay
2) How long the contract was likely to last in the absence of sickness
3) The nature of the employment
4) The nature of the illness or injury
5) The employment history

Question 2

4 factors that affect the length of the reasonable notice period:

Answer 2

1) Length of service
2) Character of employment
3) Employee’s age
4) Availability of similar employment

Question 3

A factor of length of reasonable notice that recognizes an employee’s loyalty and investment of time and effort with an employer

Answer 3

Length of service

Question 4

A factor of length of reasonable notice where senior, managerial, and executive employees generally have received longer notice periods than other employees.

Answer 4

Character of employment

Question 5

A factor of length of reasonable notice where it is generally assumed that the older an employee is when dismissed, the more difficult it will be for her to find comparable employment.

Answer 5

Age

Question 6

A factor of length of reasonable notice where availability of similar employment is considered.

Answer 6

Availability of similar employment

Question 7

TRUE OR FALSE: Employers are no longer required to continue to make benefit payments throughout the statutory notice period.

Answer 7

False - benefits are still required

Question 8

The obligation to take all reasonable steps to lessen the losses suffered as a result of a breach of contract.

Answer 8

The duty to mitigate