Exam 18: The Contract of Employment

George works for a large national corporation as its vice-president of sales.He earns $100 000.00 a year and has a company car and gas expense account,both of which are valued at total of $8000.00 a year.Five years into his employment with the company,the company wrongfully dismisses him and refuses to give him a letter of reference.Also,when George applies for other jobs and the companies to which George has applied for other jobs contact his company,it lies about his performance.In a wrongful dismissal lawsuit against the company,one of the heads of damages that John will seek for the actions of the company after it dismissed him will be

Which section of the Charter prohibits discrimination on a variety of grounds?

Today it is unlawful for a company to monitor its employees for the purpose of ensuring that they perform their employment duties.

Tom has been employed as a sales manager for Vanessa's Used Cars for more than twenty years.Economic conditions in the car business have worsened,and Vanessa believes she needs to terminate Tom's employment.She receives legal advice that based on Tom's age,length of employment,and character of employment and on the availability of similar employment given his education,training,and experience,Tom should receive eighteen months' notice of termination.Vanessa believes that once she provides Tom with notice of termination he will not be an effective sales manager and that she will lose more business during the year and a half in which Tom remains as her sales manager.What options does she have as far as the manner in which she provides this notice?

Albert is employed by a large construction company and is in charge of purchasing the company's building supplies.When Albert enters into contracts for the company with its suppliers,Albert is

Gerald,who is 59 years old,has been employed by a large telephone company for 14 years in one of the company's top management positions,although there is no formal written contract of employment between them.The company is not doing well financially and wants to let Gerald go,but does not know what kind of notice to give Gerald.If the company comes to you,its lawyer,for advice,you will tell it that the length of the notice period will depend on

Given the developments in new technology,including computers and computer software,it can be said that monitoring of employees will become commonplace in the next few years.Discuss.

Allen,a research technician,has a contract of employment with a research company under which the term of Allen's employment is three years and Allen agrees to a confidentiality clause respecting anything related to the business of the company.Two years into his contract,Allen decides to make some extra money by selling some of the company's new designs to a competitor for $200 000.00.A month later,the company finds out what Allen has done and fires him.In this case,

Bontel Systems is a computer company.The company is going through a financial crisis,as a result of which the management decides to reduce costs by laying off some workers.The financial crisis excuses the company from providing the employees concerned with notice of termination.

Jack Machinery Limited is a clothing company.Jake is an employee of the company.Part of the work of Jake includes attending at the home of purchasers to repair machines purchased directly from Jack Machinery and still under warranty.Jake is due to attend at the home of Mary to repair a machine purchased by Mary.He cannot make it,and so he asks a friend,Mike,to attend for him.Mike is not an employee of Jack Machinery Limited.While at the home of Mary,Mike gets into an argument with Mary and during the course of the argument slaps Mary.Can Mary sue Jack Machinery Limited for assault and battery? Explain your answer.

Henry is a carpenter by trade who has his own tools and his own truck.Henry works for a construction company,and after each job,he provides the company with an invoice for the work he has performed.In this case,Henry is

Systemic discrimination is

Today,mandatory retirement has been abolished throughout Canada.

George works for a large national company as its vice-president of sales.He earns $120 000.00 a year and is given a company car and gas expense allowance,the total value of which on a yearly basis is $10 000.00.He also receives a yearly bonus of $50 000.00 where the company's sales exceed 1 million dollars a year.John,who is 55 years of age,has just been summarily dismissed by the company.Although John has tried to find alternative employment,he has been unable to do so partly because the company refused to give him a letter of reference and has been telling companies to whom John has applied that John is incompetent,when this is not true at all.Assuming that a reasonable notice period is 14 months,that John received $30 000.00 in Employment Insurance benefits,and that damages under the Wallace decision of $25 000.00 were awarded in another case similar to John's,explain how John's damages would be calculated.

An employer that dismisses an employee can give the employee reasonable notice of termination and avoid paying damages for wrongful dismissal.

In addition to the normal damages awarded in wrongful dismissal lawsuits,another type of damages is often awarded specifically where the employer's conduct after dismissal is unconscionable.Explain these damages,providing examples of the conduct that gives rise to them.

What is a closed shop agreement?

In early September,John is employed by a technology company for an indefinite term as its quality control supervisor.John was hired on the basis of his resumé,which stated that he had extensive experience in quality control supervision,which was not true.A month later,although the company had not found out about John's misrepresentation,the company summarily dismissed John,because his actions as quality control supervisor made no sense and had jeopardized the safety of the 10 employees under his control.In this case,

Damages for wrongful dismissal

Notice is not required