final

Question 1

When is a letter of resignation not binding on an employee?

Answer 1

In unusual circumstances.

Question 2

Can a resignation be rescinded?

Answer 2

Yes. If resignation was not voluntary, clear and unequivocal.

Question 3

What is required for a valid resignation?

Answer 3

1. Must be voluntary.
2. Must be clear and unequivocal.

Question 4

What is forced resignation?

Answer 4

When an employee is given a choice between resigning or being fired.

Question 5

What is constructive dismissal?

Answer 5

When an employer makes a unilateral change to a fundamental term of the employment contract.

Question 6

What is the legal test?

Answer 6

Whether a reasonable person would believe that the employee voluntarily resigned.

Question 7

An employee who resigns is not entitled to wrongful dismissal damages or severance.

Answer 7

True

Question 8

A resignation may be implied resignation by conduct, by action, or intention.

Answer 8

True

Question 9

Why may an employer dismiss a resigning employee?

Answer 9

They don’t want them to have access to sensitive business info or their customers/clients.

Question 10

An employer who dismisses a resigning employee may be liable for what?

Answer 10

Wrongful dismissal damages.

Question 11

If an employee quits, what can the employer do?

Answer 11

They may terminate the employee, but must pay them out.

Question 12

An employer may accept the resignation but pay in in lieu of notice or have the employee not work during the notice period.

Answer 12

True

Question 13

What is wrongful resignation?

Answer 13

When an employee does not provide adequate notice of resignation? Employer may sue for damages.

Question 14

No mandatory retirement age in Canada.

Answer 14

True. But exception where age is a bona fide occupational requirement.

Question 15

What are the remedies for wrongful resignation?

Answer 15

1. Damages - monetary
2. Injunction - court prohibits an action
3. Temporary injunction - prohibition pending trial

Question 16

What is the test for an temporary injunction?

Answer 16

1. Substantial issue
2. Irreparable harm.
3. Balance of convenience

Question 17

Examples of duty of good faith:

Answer 17

1. Resignation
2. Non-compete
3. Confidentiality

Question 18

What is a training bond?

Answer 18

An agreement where an employee pays back training costs if they leave.

Question 19

What factors are considered in a training bond?

Answer 19

1. Increased marketability
2. Was in writing
3. Time to consider
4. No coercion
5. Term is fair

Question 20

What is just cause?

Answer 20

It means the employee has fundamentally breached the employment contract. Summary dismissal and loss of severance.

Question 21

What will court consider when determining just cause?

Answer 21

1. Proportionality
2. Context
3. Fairness

Question 22

Name some general principles for just cause.

Answer 22

Employees:
1. Know their responsibilities
2. Advised of their failings
3. Can set guidelines

Question 23

To claim dishonest just cause:

Answer 23

1. Violated an essential condition of the employment contract
2. Breach bond of trust between the parties
3. Be inconsistent with employee’s obligations

Question 24

What are the types of just cause?

Answer 24

1. Dishonesty
2. Insolence
3. Incompatibility
4. Conflict of Interest
5. Absenteeism
6. Sexual harassment
7. Intoxication
8. Incompetence

Question 25

To claim insolence and insubordination:

Answer 25

1. Undermined employment relationship
2. Undermined supervisor’s credibility
3. Employer suffered loss

Question 26

What is culpable absenteeism?

Answer 26

When an employee is absent from work without good reason.

Question 27

What is innocent absenteeism?

Answer 27

When an employee cannot come to work for reasons beyond their control.

Question 28

What can never constitute just cause?

Answer 28

1. Violation of Human Rights Code
2. Asserting right under Employment Standards Act
3. Asserting right under Occupational Health and Safety
4. Exercising Labour Relations Code

Question 29

What is the statutory notice under ESA?

Answer 29

1. After 3 months = 1 week wages
2. After 12 months = 2 weeks’ wages
3. After 3 years = 3 weeks wages + 1 week for each, up to 8

Question 30

How much an employer go about group terminations?

Answer 30

1. 50-100 = 8 weeks’ notice
2. 101-300 = 12 weeks’ notice
3. 301+ = 16 weeks’ notice

Question 31

What factors affect period of notice?

Answer 31

1. Age
2. Position
3. Length of service
4. Compensation
5. Availability of positions

Question 32

What are some exceptions to notice?

Answer 32

1. Probationary employees not entitled to compensation
2. Term and task employees not entitled to compensation
3. Temp layoffs not entitled to compensation
4. Terminated for just cause not entitled to compensation

Question 33

What is wrongful dismissal?

Answer 33

When an employee is fired within reasonable notice.

Question 34

Wrongfully dismissed employees are entitled to:

Answer 34

Lost wages and benefits. Drawn from:
1. Salary
2. Benefits
3. Insurance
4. Bonuses
5. Stocks

Question 35

What is bad faith?

Answer 35

1. False allegations
2. Harm to reputation
3. Harassment
   Reward = punitive damages

Question 36

Employee has a duty to mitigate their loss, what does this mean?

Answer 36

Must engage in reasonable job searches.

Question 37

What must an employer prove to show an employee failed to mitigate?

Answer 37

1. There were comparable jobs.
2. No reasonable effort to obtain the jobs.

Question 38

What are examples of a change in terms of a contract and change to working relationship?

Answer 38

Changes in:
1. Compensation
2. Duties
3. Location
4. Schedule
5. Environment

Question 39

What is constructive dismissal?

Answer 39

When an employer makes a fundamental change to the agreement without providing reasonable notice.