CHAPTER 22

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1. Factors to be taken into account in determining whether termination without notice is justified include

whether the conduct was a single act or part of a pattern
whether the conduct was condoned in some manner by the employer
whether the employee has a disability
whether the employee was warned that the conduct would not be allowed
all of the above

2. Running a business that is in direct competition with your employer is an example of

willful disobedience
conduct incompatible
habitual neglect of duty
incompetence
none of the above

3. In the law regarding lawful dismissal, failure to carry out lawful orders when doing so would expose the employee to considerable personal danger is an example of

willful disobedience
conduct incompatible
habitual neglect of duty
incompetence
none of the above

4. In assessing how much time constitutes reasonable notice, factors taken into account include

the age of the employee
the length of the employee's service
the availability of other employment
the rank of the employee
all of the above

5. Termination of a fixed term employment contract before the expiry date is

a tort
a breach of contract
a criminal offence
legal if there is reasonable notice
none of the above

6. The amount of notice that is legally required when employment is being terminated is

the period agreed upon in the employment contract
the period specified by employment standards legislation
reasonable notice
the longest of a, b & c
the shortest of a, b & c

7. Constructive dismissal occurs when

an employee's job has not been terminated
an employee's job has been terminated without just cause
an employee's job has been terminated with just cause
an employee's job has been terminated without reasonable notice
an employee's job has been terminated with reasonable notice

8. Constructive dismissal does not apply to

changes to fundamental terms of the employment contract
employment contracts that are subject to provincial jurisdiction
employment contracts that are subject to federal legislation
changes that are permitted by the terms of the employment contract
changes that are not permitted by the terms of the employment contract

9. The basic question to be answered in determining whether constructive dismissal has occurred is

whether, at the time of the change, a reasonable person would believe that essential terms of the employment contract were being changed
whether, at the time of forming the employment contract, a reasonable person who contemplated the change that actually occurred later would be a fundamental one
whether the change made by the employer is beneficial to the employer
whether the change made by the employer is beneficial to the employee
none of the above

10. When there is a collective agreement in place, an arbitration award

cannot order the employer to reinstate an employee
is not enforceable in court
can be filed with the court and enforced by it
can be overruled by the employer
can be overruled by the union