Employment Law

Question 1

Name 2 pieces of legislation that protect employees in the workplace.

Answer 1

■ Human Rights Code
■ Employment Standards Act

Question 2

What is just cause and provide 4 examples?

Answer 2

Just cause is severe misconduct that breaks the employment contract and damages the relationship.
■ Dishonesty
■ Incompetence
■ Conflict of interest
■ Theft

Question 3

Define what is meant by the term “wrongful dismissal”. If the employment contract does not address the consequences of wrongful dismissal (ie. severance pay) what will the courts consider when determining damages arising out of wrongful dismissal?

Answer 3

■ Wrongful dismissal refers to the termination of an employee’s employment without proper notice or adequate compensation.
■ The courts will consider different factors include the employee’s length of service, age, position, level of responsibility, and prospects for future employment.

Question 4

What are an employee’s duties toward their employer?

Answer 4

■ General duty of good faith
■ Duty of confidentiality
■ Fiduciary duties

Question 5

With regards to the Human Rights Code and the number of protected grounds that it lays out, what is the extent of the employer’s duty to accommodate?

Answer 5

■ Protect employees against discrimination.
■ Protected grounds: age, sex, race, religion, disability
■ Employers have a duty to accommodate to the point of undue hardship.

Question 6

In the case of Foundation vs. UGG 1993 (BC SC) settlements were made, however, there were no real winners. Explain?

Answer 6

■ It was difficult to prove who was liable for the delays.
■ Joint Liability = no winners