Exam 12: Employment

If Craig sued Steve for wrongful dismissal and it was established that Craig was not given the proper notice that he was entitled to, what factors would the courts take into consideration in assessing the damages he's awarded?

Why is the distinction between employment and an independent contract important?

What is the effect if a contractual term does not comply with the minimum standards set out in employment standards legislation?

Swearing at the employer has been determined to be serious misconduct sufficient to justify dismissal of an employee.

Mediation involves a process whereby some third party tries to help the conflicting parties reach an agreement.

Under what circumstances can an employee be terminated without notice?

Explain what it means to bargain "in good faith."

Discuss the role of strikes, lockouts, and picketing, and whether or not they have any place in our present society.

The employee's right to strike is limited to which of the following types of disputes?

The Employment Standards Act sets a maximum amount of notice or pay in lieu of notice that an employer has to give an employee upon dismissal.

Mr. Lopez, the owner of the firm, had a large family. His six children were all in their late teens or early twenties and were in school or had jobs. However, in the summer of 2016, two of the six got laid off and the other four were having trouble finding work. Lopez spent ten days reorganizing his firm to find jobs for his family. He decided that the foreman at the plant, Mr. Wedman (who had been with the firm for twelve years, seven as foreman) could go back to being a carpenter to make room for his oldest son, who had management experience. There was no written employment contract with Wedman. On Friday afternoon, Lopez called Wedman into the office and told him that on Monday he would return as a carpenter and that he would be under the direction of his son. Wedman said he didn't want to be a carpenter or under the direction of his son and wouldn't do it. Lopez dismissed him immediately with no severance pay. Which of the following is true?

Workers' compensation benefits are only available where the employee has been injured because of the fault of the employer.

Both employers and employees pay employment insurance premiums.

When an employer demotes an employee or otherwise unilaterally changes the nature of the job, this may constitute ________, and the employee may be able to sue for wrongful dismissal.

When there is a serious breach of the employment contract by the employer, the employees are entitled to leave work without notice.

Keeping in mind both the common law rules governing employment and the legislation passed to improve the position of employees, indicate which of the following statements is False with regard to employment law.

How can you distinguish between an employee and an independent contractor.

Ordinary employees do not have a fiduciary duty and, unless there is a valid restrictive covenant in their employment contract preventing them from doing so, they are free to compete with their former employer as soon as they leave.

An employer is vicariously liable for the torts committed on the job by employees and independent contractors.

Joe was an employee of Sam's and was using his own car to deliver manufactured goods to a client. Since the client was in Ajax, the same area where his girlfriend lived, he took time out to visit her for lunch. As he approached her house, he was involved in an automobile accident with George. George sued both Joe and his employer. Explain the likely outcome.