Lecture 3

Question 1

What are the three main ways an employment relationship can be terminated?
A) Resignation, retirement, and layoffs
B) Dismissal for just cause, dismissal with reasonable notice, and constructive dismissal
C) Voluntary termination, forced retirement, and probationary termination
D) Employer breach, contract expiration, and redundancy

Answer 1

B) Dismissal for just cause, dismissal with reasonable notice, and constructive dismissal

Question 2

Which of the following is NOT a valid reason for “just cause” dismissal?
A) Serious misconduct
B) Habitual neglect of duty
C) Minor workplace disagreements
D) Willful disobedience

Answer 2

C) Minor workplace disagreements

Question 3

What is the key characteristic of dismissal with reasonable notice?
A) The employer must prove serious misconduct
B) The employee is dismissed without any compensation
C) The employer provides either notice or pay in lieu of notice
D) The employee must resign voluntarily

Answer 3

C) The employer provides either notice or pay in lieu of notice

Question 4

Constructive dismissal occurs when:
A) The employee quits due to personal reasons
B) The employer makes substantial negative changes to the employee’s contract without consent
C) The employer fires an employee for theft
D) An employee refuses a promotion

Answer 4

B) The employer makes substantial negative changes to the employee’s contract without consent

Question 5

If an employer unilaterally lowers an employee’s salary and reduces their responsibilities, this could be considered:
A) Dismissal for just cause
B) Dismissal with reasonable notice
C) Constructive dismissal
D) Voluntary resignation

Answer 5

C) Constructive dismissal

Question 6

In R v Arthurs, which of the following was NOT considered a valid reason for just cause dismissal?
A) Serious misconduct
B) Habitual neglect of duty
C) Employee dissatisfaction with salary
D) Incompetence

Answer 6

C) Employee dissatisfaction with salary

Question 7

In McKinley v BC Tel, what principle did the Supreme Court establish regarding dishonesty and just cause dismissal?
A) Any dishonesty is automatic grounds for dismissal
B) Dishonesty must be assessed in context to determine if dismissal is justified
C) Employees can be dismissed for dishonesty only if caught in the act
D) Employers must always provide notice before dismissing for dishonesty

Answer 7

B) Dishonesty must be assessed in context to determine if dismissal is justified

Question 8

Which of the following scenarios would MOST LIKELY justify immediate termination for just cause?
A) An employee posts a negative comment about the company on social media
B) An employee takes a sick day without providing a doctor’s note
C) An employee steals company funds
D) An employee frequently arrives 5 minutes late

Answer 8

C) An employee steals company funds

Question 9

A progressive discipline policy (PDP) is used when:
A) An employee commits minor infractions that do not warrant immediate dismissal
B) An employee is accused of serious fraud
C) An employee is promoted
D) The employer wants to avoid giving severance pay

Answer 9

A) An employee commits minor infractions that do not warrant immediate dismissal

Question 10

Which of the following cases dealt with the impact of offensive social media posts on just cause dismissal?
A) Machtinger v HOJ Industries
B) Bardal v Globe & Mail
C) West Coast Mazda case
D) Michela v St. Thomas of Villanova

Answer 10

C) West Coast Mazda case

Question 11

What is the primary purpose of providing reasonable notice?
A) To punish the employee
B) To give the employee time to find another job
C) To avoid lawsuits from former employees
D) To reduce the employer’s severance costs

Answer 11

B) To give the employee time to find another job

Question 12

Which factor is NOT considered when determining the length of reasonable notice?
A) Age
B) Length of service
C) Marital status
D) Character of employment

Answer 12

C) Marital status

Question 13

According to employment standards legislation, what is the minimum notice period for an employee who has worked for 5 years?
A) 1 week
B) 2 weeks
C) 5 weeks
D) 8 weeks

Answer 13

C) 5 weeks

Question 14

In Bardal v Globe & Mail, which factor was considered MOST important in determining reasonable notice?
A) The employee’s performance reviews
B) The character of employment and availability of similar jobs
C) The employee’s level of education
D) The company’s financial situation

Answer 14

B) The character of employment and availability of similar jobs

Question 15

The case of Michela v St. Thomas of Villanova confirmed that:
A) Employers must provide severance pay equal to one year’s salary
B) An employer’s financial situation is NOT relevant when determining notice periods
C) Younger employees are entitled to longer notice periods than older employees
D) All dismissals must include punitive damages

Answer 15

B) An employer’s financial situation is NOT relevant when determining notice periods

Question 16

Constructive dismissal occurs when:
A) An employer provides a bad performance review
B) An employee is demoted and has their salary reduced without agreement
C) An employee voluntarily resigns after a conflict with a coworker
D) The employer increases the employee’s salary without their consent

Answer 16

B) An employee is demoted and has their salary reduced without agreement

Question 17

In Farber v Royal Trust Co., the Supreme Court ruled that:
A) Any unilateral employer change to a job is a constructive dismissal
B) A significant negative change in employment conditions can be a constructive dismissal
C) Employees must provide two weeks’ notice before claiming constructive dismissal
D) Constructive dismissal only applies to senior executives

Answer 17

B) A significant negative change in employment conditions can be a constructive dismissal

Question 18

Which of the following is NOT an example of constructive dismissal?
A) Employer drastically reduces an employee’s salary
B) Employer relocates an employee to a faraway office without agreement
C) Employer changes an employee’s work hours slightly
D) Employer removes key responsibilities from an employee’s role

Answer 18

C) Employer changes an employee’s work hours slightly

Question 19

Which of the following is NOT a type of damages awarded in wrongful dismissal cases?
A) Pecuniary damages
B) Non-pecuniary damages
C) Punitive damages
D) Insurance damages

Answer 19

D) Insurance damages

Question 20

Aggravated damages are awarded to compensate for:
A) Emotional distress and humiliation
B) Loss of wages
C) Property damage
D) Employer’s loss of profits

Answer 20

A) Emotional distress and humiliation

Question 21

Punitive damages are intended to:
A) Compensate the employee for lost wages
B) Punish the employer for outrageous or illegal behavior
C) Pay for medical expenses
D) Reward the employer for following employment laws

Answer 21

B) Punish the employer for outrageous or illegal behavior

Question 22

What was the total damages award (before appeal) in Boucher v Walmart?
A) $50,000
B) $1.4 million
C) $500,000
D) $2 million

Answer 22

B) $1.4 million

Question 23

Which case confirmed that the employment relationship is characterized by an imbalance of power?
A) McKinley v BC Tel
B) Machtinger v HOJ Industries
C) Farber v Royal Trust Co.
D) Reference Re Public Service Employee Relations Act

Answer 23

D) Reference Re Public Service Employee Relations Act

Question 24

Which of the following is the main goal of employment law?
A) To protect employers
B) To maintain fairness in employer-employee relationships
C) To increase corporate profits
D) To prevent employees from quitting

Answer 24

B) To maintain fairness in employer-employee relationships

Question 25

In McKinley v BC Tel, what test did the Supreme Court establish for dishonest conduct? A) Any dishonesty, regardless of degree, justifies immediate dismissal B) Dishonesty must be assessed in context to determine if dismissal is justified C) Employees must always be given three warnings before being dismissed for dishonesty D) Employers must compensate employees if dishonesty is discovered

Answer 25

B) Dishonesty must be assessed in context to determine if dismissal is justified

Question 26

In the debate over dishonesty in employment, which of the following represents the "matter of degree" approach? A) Any dishonesty, no matter how small, justifies immediate dismissal B) Dishonesty must be serious enough to undermine the employment relationship C) Employers should punish dishonesty only if the employee admits to it D) Dishonesty is always forgivable if the employee apologizes

Answer 26

B) Dishonesty must be serious enough to undermine the employment relationship

Question 27

Which of the following is NOT a step in a typical progressive discipline policy (PDP)? A) Verbal warning B) Written warning C) Immediate termination for any infraction D) Final warning before dismissal

Answer 27

C) Immediate termination for any infraction

Question 28

What is the primary goal of a Progressive Discipline Policy (PDP)? A) To immediately terminate employees who make mistakes B) To give employees a fair chance to correct their behavior before dismissal C) To ensure that only managerial employees can be disciplined D) To avoid wrongful dismissal lawsuits at all costs

Answer 28

B) To give employees a fair chance to correct their behavior before dismissal

Question 29

In Potter v NB Legal Aid, why was the administrative suspension considered constructive dismissal? A) It was part of a company restructuring B) The employee was suspended without explanation and replaced C) The employee agreed to the suspension in advance D) The employer promised to reinstate the employee but failed to do so

Answer 29

B) The employee was suspended without explanation and replaced

Question 30

According to Michela v St. Thomas of Villanova, how does an employer’s financial situation affect notice periods? A) Employers can reduce notice periods if they are experiencing financial difficulties B) Employees get longer notice periods if the company is profitable C) An employer’s financial situation has no impact on determining reasonable notice D) Employees cannot claim notice pay if the company is bankrupt

Answer 30

C) An employer’s financial situation has no impact on determining reasonable notice

Question 31

In Cronk v Canadian General Insurance, what was the Court of Appeal’s ruling on reasonable notice for different job levels? A) Clerical workers and professionals should receive the same notice period B) Clerical workers are entitled to shorter notice periods than senior professionals C) Senior management should receive shorter notice periods than clerical workers D) Reasonable notice is only based on length of service, not job position

Answer 31

B) Clerical workers are entitled to shorter notice periods than senior professionals

Question 32

In Sigouin v National Bank, what was the key issue regarding just cause dismissal? A) The employee was dismissed for making offensive comments on social media B) The employee was fired for incompetence after being promoted beyond their qualifications C) The employee committed fraud by forging signatures D) The employee refused to follow company safety policies

Answer 32

B) The employee was fired for incompetence after being promoted beyond their qualifications

Question 33

What is the key difference between punitive damages and aggravated damages? A) Punitive damages compensate for emotional distress, while aggravated damages punish the employer B) Aggravated damages compensate the employee, while punitive damages punish the employer C) Both are automatically awarded in every wrongful dismissal case D) Punitive damages can only be awarded if the employer is bankrupt

Answer 33

B) Aggravated damages compensate the employee, while punitive damages punish the employer

Question 34

Which of the following is the BEST example of constructive dismissal? A) An employer gives an employee a performance warning for being late B) An employer changes an employee’s job title but keeps their salary and responsibilities the same C) An employer significantly reduces an employee’s salary and job responsibilities without consent D) An employer requires employees to attend an additional training session

Answer 34

C) An employer significantly reduces an employee’s salary and job responsibilities without consent