Exam 18: The Contract of Employment

James employs several workers in his window washing company.One of these persons is Robert.James does not trust Robert.He believes Robert is disobedient and incompetent.He says Robert is trouble waiting to happen.James dismisses Robert because of this concern.He does not have any concrete evidence regarding his fears.A few days after his dismissal,Robert commences an action for wrongful dismissal.Just before James files his defence to the claim,he receives new information,which supports and confirm his fears about Robert.On the basis of this new information,he knows that his termination was not wrongful.James cannot use this new information to justify conduct that was carried out prior to the finding of the new information.

How does an independent contractor differ from an employee?

What is a closed shop agreement?

A trade union is an organization of employees formed for purposes that include

Elaine is employed by a large multinational company in a top management position where she oversees a staff of 100 employees.There is no formal written employment contract between Elaine and the company,but she is paid an annual salary of $150 000.00 and given a company car; an expense account; and,at the end of each year,a bonus.One day,Elaine,who is an avid supporter of the Conservative Party,has an argument with the president of the company,who is an avid supporter of the Liberal Party.A couple of weeks later,Elaine receives a memo from the company's head office advising her that she is being transferred to the company's shipping department and that her company car,expense account,and bonus have been terminated.Elaine comes to you,her lawyer,for advice.In this case you,will tell Elaine

What is reasonable notice? Why must employers in non-union settings provide reasonable notice to terminated employees when the employer does not have just cause to terminate?

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.

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

If an employee commits a serious act of misconduct,such as theft,an employer can terminate the employment relationship immediately without notice.When the misconduct is unacceptable but does NOT allow the employer to terminate the employment on the basis of a single incident,the employer must

An employer can dismiss an employee who has done nothing wrong.

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

A party injured by breach of contract is expected to act reasonably in order to mitigate her loss.This requires a terminated employee to look for another job.

Dismissal for cause is

Systemic discrimination is

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.

In Ontario,labour unions have the status to commence and defend an action at law.

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.

Jack Machinery Limited is a clothing company.Jake is an employee of the company.Part of Jake's work 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.Mary can now sue Jack Machinery Limited for assault and battery.

Explain the implications of collective agreements for employees.