Scenario H Flashcards
Kira is a recruitment specialist with Indi Games, a video game production company that has grown enormously over the past 3 years, going from a small start-up to a large and successful company with hundreds of employees. As a result of this massive growth, Indi Games is always recruiting new staff. For some time now, Kira has been in talks with Todd, a production manager who has worked in the industry for 30 years, including the past 25 years with a rival company, NB Games. Todd was planning to retire from NB Games within the next 3 years, but Kira believes that if she offers him a large enough bonus, he will be willing to come to work for Indi Games instead. After long negotiations, Kira convinces Todd to leave his current employer for Indi Games. However, the transition has not been going as well as planned. Todd is not happy with his position at Indi Games, which he believes is not what Kira promised him during their negotiations, and he has been having trouble adjusting. After 2 years of mediocre performance on Todd’s part, Indi Games discovers that Todd has been drinking on the job. Indi Games decides to terminate his employment and end what it considers to be a failed experiment. Given the circumstances of his hiring, what claim should Kira be prepared to face from Todd? a) Indi Games induced him away from his former employer. b) Indi Games negligently hired him for the position. c) Indi Games misrepresented the duties of his position.
The answer is a. Indi Games induced him away from his former employer. Functional Area: A2 Rationale(s): A is correct. This situation may constitute inducement. B is incorrect. Negligent hiring is not a relevant legal term in this case. C is incorrect. While his duties may have been misrepresented, there is not enough detail provided in this case to say for sure. Reference(s) Kilpatrick v. Peterborough Civic Hospital, 1999 CanLII 3725. Alcatel Canada Inc. v. Egan, 2006 CanLII 108 (ON CA).
Kira is a recruitment specialist with Indi Games, a video game production company that has grown enormously over the past 3 years, going from a small start-up to a large and successful company with hundreds of employees. As a result of this massive growth, Indi Games is always recruiting new staff. For some time now, Kira has been in talks with Todd, a production manager who has worked in the industry for 30 years, including the past 25 years with a rival company, NB Games. Todd was planning to retire from NB Games within the next 3 years, but Kira believes that if she offers him a large enough bonus, he will be willing to come to work for Indi Games instead. After long negotiations, Kira convinces Todd to leave his current employer for Indi Games. However, the transition has not been going as well as planned. Todd is not happy with his position at Indi Games, which he believes is not what Kira promised him during their negotiations, and he has been having trouble adjusting. After 2 years of mediocre performance on Todd’s part, Indi Games discovers that Todd has been drinking on the job. Indi Games decides to terminate his employment and end what it considers to be a failed experiment. During the termination process, Kira discovers other serious problems with Todd’s conduct that she needs to take into account. Which of the following would most likely make it difficult to terminate Todd? a) He has been stealing from Indi Games. b) He has been secretly meeting with his former employer. c) He has been diagnosed as an alcoholic.
The answer is c. He has been diagnosed as an alcoholic. Functional Area: A1 Rationale(s): A is incorrect. Theft often provides good justification to terminate an employee for cause. B is incorrect. This would also provide further justification for termination with cause. C is correct. Because addiction is considered a disability, firing Todd for alcoholism could constitute discrimination.
Kira is a recruitment specialist with Indi Games, a video game production company that has grown enormously over the past 3 years, going from a small start-up to a large and successful company with hundreds of employees. As a result of this massive growth, Indi Games is always recruiting new staff. For some time now, Kira has been in talks with Todd, a production manager who has worked in the industry for 30 years, including the past 25 years with a rival company, NB Games. Todd was planning to retire from NB Games within the next 3 years, but Kira believes that if she offers him a large enough bonus, he will be willing to come to work for Indi Games instead. After long negotiations, Kira convinces Todd to leave his current employer for Indi Games. However, the transition has not been going as well as planned. Todd is not happy with his position at Indi Games, which he believes is not what Kira promised him during their negotiations, and he has been having trouble adjusting. After 2 years of mediocre performance on Todd’s part, Indi Games discovers that Todd has been drinking on the job. Indi Games decides to terminate his employment and end what it considers to be a failed experiment. If Indi Games wants to avoid legal action from Todd for terminating his employment, what action should Kira recommend the company take? a) Formally document that Todd has been drinking at work and then terminate him for cause based on his performance problems. b) Speak to Todd about his drinking at work to determine if it is due to an addiction before taking any disciplinary action in relation to his poor performance. c) Ignore Todd’s performance problems and hold off on termination indefinitely.
The answer is b. Speak to Todd about his drinking at work to determine if it is due to an addiction before taking any disciplinary action in relation to his poor performance. Functional Area: A1 Rationale(s): A is incorrect. Although cause may exist for termination based on his underperformance, Todd could launch a separate legal claim that he was terminated because of discrimination on the basis of disability. Such a claim could be successful since an employer has a positive obligation to make inquiries into the health and accommodation needs of employees and here termination would be done prior to attempting accommodation. B is correct. The employer has a positive obligation to approach Todd and determine if he requires accommodation. If he is not an alcoholic, he can be terminated with cause for underperformance and substance abuse (use of substances and addiction to substances are very different matters; only the latter is protected as a disability). If he is an alcoholic, Kira can attempt to accommodate him. If accommodation would result in undue hardship, she can end Todd’s employment. This will protect the company from a claim of unjust dismissal and a breach of the Human Rights Code. C is incorrect. This does nothing to solve the problem and could even lead to greater liability down the road.
Kira is a recruitment specialist with Indi Games, a video game production company that has grown enormously over the past 3 years, going from a small start-up to a large and successful company with hundreds of employees. As a result of this massive growth, Indi Games is always recruiting new staff. For some time now, Kira has been in talks with Todd, a production manager who has worked in the industry for 30 years, including the past 25 years with a rival company, NB Games. Todd was planning to retire from NB Games within the next 3 years, but Kira believes that if she offers him a large enough bonus, he will be willing to come to work for Indi Games instead. After long negotiations, Kira convinces Todd to leave his current employer for Indi Games. However, the transition has not been going as well as planned. Todd is not happy with his position at Indi Games, which he believes is not what Kira promised him during their negotiations, and he has been having trouble adjusting. After 2 years of mediocre performance on Todd’s part, Indi Games discovers that Todd has been drinking on the job. Indi Games decides to terminate his employment and end what it considers to be a failed experiment. Eventually, Indi Games decides to terminate Todd’s employment without cause and offers him what it considers a very generous termination package of 2 months’ notice. However, Todd believes this is unfair and challenges it in court. When determining how much notice Todd is owed, what would the courts likely consider? a) His 2 years of employment with Indi Games. b) His 2 years of employment with Indi Games and his 25 years with NB Games. c) His 32 years of total industry experience.
The answer is b. His 2 years of employment with Indi Games and his 25 years with NB Games. Functional Area: A1 Rationale(s): A is incorrect. Because Todd was induced away from his former employment, it is possible that Indi Games will have to pay him based on the time he spent with NB as well. B is correct. Given that Todd was induced to take this new job, he should be compensated at least in part for the time he spent with NB. C is incorrect. Indi Games did not induce him away from his first job before he worked at NB Games and should not have to pay extra notice based on his time with that employer. Reference(s) Kilpatrick v. Peterborough Civic Hospital, 1999 CanLII 3725. Alcatel Canada Inc. v. Egan, 2006 CanLII 108 (ON CA).
Kira is a recruitment specialist with Indi Games, a video game production company that has grown enormously over the past 3 years, going from a small start-up to a large and successful company with hundreds of employees. As a result of this massive growth, Indi Games is always recruiting new staff. For some time now, Kira has been in talks with Todd, a production manager who has worked in the industry for 30 years, including the past 25 years with a rival company, NB Games. Todd was planning to retire from NB Games within the next 3 years, but Kira believes that if she offers him a large enough bonus, he will be willing to come to work for Indi Games instead. After long negotiations, Kira convinces Todd to leave his current employer for Indi Games. However, the transition has not been going as well as planned. Todd is not happy with his position at Indi Games, which he believes is not what Kira promised him during their negotiations, and he has been having trouble adjusting. After 2 years of mediocre performance on Todd’s part, Indi Games discovers that Todd has been drinking on the job. Indi Games decides to terminate his employment and end what it considers to be a failed experiment. In Todd’s situation, the courts are also likely to consider the Bardal factors. Which of the following factors is relevant in Todd’s case? a) Todd’s age – he is close to retirement. b) The nature of Todd’s termination. c) Todd’s marital status and number of dependents.
The answer is a. Todd’s age – he is close to retirement. Functional Area: A1 Rationale(s): A is correct. Employee age is an important factor. Older employees often have more trouble finding new work and have less time to make enough to retire comfortably. B is incorrect. This is not one of the Bardal factors. C is incorrect. This is not one of the Bardal factors. Reference(s) Unit 11: Termination, Module 4: Termination at Common Law. Bardal v. Globe & Mail Ltd. , [1960] O.J. No. 149.
Kira is a recruitment specialist with Indi Games, a video game production company that has grown enormously over the past 3 years, going from a small start-up to a large and successful company with hundreds of employees. As a result of this massive growth, Indi Games is always recruiting new staff. For some time now, Kira has been in talks with Todd, a production manager who has worked in the industry for 30 years, including the past 25 years with a rival company, NB Games. Todd was planning to retire from NB Games within the next 3 years, but Kira believes that if she offers him a large enough bonus, he will be willing to come to work for Indi Games instead. After long negotiations, Kira convinces Todd to leave his current employer for Indi Games. However, the transition has not been going as well as planned. Todd is not happy with his position at Indi Games, which he believes is not what Kira promised him during their negotiations, and he has been having trouble adjusting. After 2 years of mediocre performance on Todd’s part, Indi Games discovers that Todd has been drinking on the job. Indi Games decides to terminate his employment and end what it considers to be a failed experiment. As the court case continues, it appears that Todd will likely win. Indi Games asks Kira about the maximum notice of termination the court could grant to Todd. What should Kira advise? a) Senior employees are capped at 12 months’ notice. b) Regular employees are capped at 12 months’ notice and senior employees are capped at 24 months’ notice. c) There is no official cap on how much notice the courts can award.
The answer is c. There is no official cap on how much notice the courts can award. Functional Area: A1 Rationale(s): A is incorrect. Although historically there may have been some caps based on seniority, more recent trends in case law demonstrate that courts are more reluctant to impose caps in this manner and can award notice periods beyond 12 months. B is incorrect. This is a common misconception that HR professionals ought to be aware of. While awards do not often exceed 12 months for regular employees and 24 months for senior employees, it is not unheard of, and courts are free to award in excess of 24 months’ notice. C is correct. While they do not often exceed 24 months’ notice, the courts are free to do so in exceptional circumstances. Reference(s) Unit 11: Termination, Module 4: Termination at Common Law. Lowndes v Summit Ford Sales (2006), 206 OAC 55.
