Exam 10: Employment

Joe worked for Sam in Sam's Manufacturing Plant as supervisor for five years,and for five years prior to that had been foreman.Because of a reorganization,the position of supervisor was eliminated,and Joe was reassigned to his old job as night foreman.He refused to take it and sued for wrongful dismissal.What would be the outcome?

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

There is a constitutional right to belong to a union,to strike,and to bargain collectively.

In Dowling v.Ontario (Workplace Safety and Insurance Board),the Court had to determine whether the employee's dishonest conduct constituted just cause for termination.What did the Court find?

In the case of Herff Jones Canada Inc.v.Todd,the Court considered a clause in a sales representative contract that prohibited the representative from working for a competitor for four years.What did the Court hold?

Joe had been working for Sam in a supervisory position for 14 years when Sam called him into the office,told him that he didn't have any more work for him to do,and told him that he would be expected to be off the job and the relationship terminated by the end of the month (one and a half weeks away).During those 14 years,Joe had worked in a number of positions,but when he assumed his most recent supervisory position one year prior,he had signed an agreement stating that he was only entitled to one week's notice.This agreement also provided him with a substantial raise.Discuss the legal position of the parties.

A union shop requires that employees become members of the union when they are hired.

In Robichaud v.Canada (Treasury Board),the Supreme Court of Canada had to determine whether the employer was responsible for the sexual harassment committed by another employee.What did the Court find?

To avoid a complaint of gender discrimination,an employer should do all of the following except

"Joe was working for Sam,using his own car to deliver manufactured parts for Sam's business to a client.In the process,Joe was involved in an automobile accident,causing injury to George,a stranger.In these circumstances,George's only recourse is against the employer." Discuss the accuracy of this statement.

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

Under what circumstances can an employee be terminated without notice?

An employer is free to terminate the employment relationship for just cause as long as sufficient notice is given.

What is the minimum period of time for which a completed collective agreement can be in force?

How is certification obtained?

Discuss the termination of employees and the notice to which they are entitled.

"If the Employment Standards Act (or its equivalent in your jurisdiction)states that an employee who has worked for a specific length of time is entitled to up to eight weeks' notice,and the employee you wish to dismiss has worked for that long,you can be sure that's all the notice or pay in lieu of notice that you have to give that employee." Discuss the accuracy of this statement.

Not only must a non-competition clause be reasonable between the parties,but the party trying to enforce it must show that the clause is necessary to protect some proprietary interest.

A lockout involves picketing employees prohibiting both management and other employees form crossing the picket line.

Indicate three responsibilities of an employer in an employment relationship.