Unit 10 - Chapter 21

Question 1

Employment can end by ____ an employee, giving the employee notice of _____, or if the employee is acting in such a manner that the employment relationship becomes untenable

Answer 1

firing

termination

Question 2

An employee may be terminated without any notice if there is “___ ____”

Answer 2

just cause

• -> fundamental term of the employment contract has been breached
• -> employee is guilty of serious misconduct, habitual neglect of duty, incompetence, conduct incompatible with duties or prejudicial to the employer’s business or willful disobedience in a matter of substance

Question 3

Cumulative effect of many _____ infractions may be sufficient to justify dismissal

Answer 3

minor

–> cumulative effect must be such that there is serious impact on the employment relationship

Question 4

____ ____ policy is a system that follows a sequence of employee discipline from less to more severe punishment

Answer 4

progressive discipline

• -> also means the employer must apply other penalties before dismissal
• -> employee should be advised not just about the unacceptable conduct, but also about the consequences of failure to improve

Question 5

___ neglect of duty is the persistent failure to perform employment duties

Answer 5

habitual

Question 6

____ is the lack of ability, knowledge or qualification to perform employment obligations

Answer 6

incompetence

Question 7

What is conduct incompatible?

Answer 7

personal behaviour that is irreconcilable with employment duties or prejudicial to the employer’s business

Question 8

___ ____ is deliberate failure to carry out lawful and reasonable orders

Answer 8

willful disobedience

Question 9

_____ notice = period of time for an employee to find alternative employment prior to dismissal

Answer 9

reasonable

Question 10

constructive dismissal is an example of _____ or a ____ in salary

Answer 10

DEMOTION or a DECREASE in salary

Question 11

A ____ ____ suit arises when an employee claims no just cause, employee was given notice (but claims notice is inadequate), and also arise from a constructive dismissal

Answer 11

wrongful dismissal

Question 12

Duty to ____ is the duty to act or lessen damages. The duty arises when a contract has been breached (i.e. when an employee has been fired or constructively dismissed)

Answer 12

mitigate

Question 13

Employer may offer a ______ settlement rather than dismiss for just cause

Answer 13

termination

–> costs associated with a wrongful dismissal suit can be high

Question 14

What is severance pay

Answer 14

amount owed to a terminated employee under employment standards

Question 15

In the unionized sector, termination is governed by the ____ agreement. This agreement specifies a grievance and arbitration process to address any complaints about termination

Answer 15

collective

Question 16

____ process is the procedure for resolving disputes contained in union contract. The final step in almost all jurisdictions is third-party binding arbitration

Answer 16

grievance

Question 17

usually provide that an employer cannot promote, demote, transfer, lay off, or recall without giving some consideration to _______

Answer 17

seniority

Question 18

General rule is that an employer may not discipline or discharge an employee without ___ ___

Answer 18

just cause