Podcast
Questions and Answers
What is the primary goal of a 'make whole' remedy?
What is the primary goal of a 'make whole' remedy?
To restore the individual to the position they would have been in if they had not suffered the wrong or injury.
Define compensatory damages and provide an example.
Define compensatory damages and provide an example.
Compensatory damages are intended to compensate the plaintiff for actual losses or expenses incurred; an example is medical expenses.
What are the three components involved in establishing prima facie discrimination?
What are the three components involved in establishing prima facie discrimination?
The three components are: identifying a protected ground, determining adverse impact, and establishing a causal link.
How do general damages differ from special damages?
How do general damages differ from special damages?
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What must an employer demonstrate in the justification step if prima facie discrimination is established?
What must an employer demonstrate in the justification step if prima facie discrimination is established?
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What purpose do punitive damages serve in the legal system?
What purpose do punitive damages serve in the legal system?
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What does the term BFOR stand for, and what does it signify in the context of discrimination?
What does the term BFOR stand for, and what does it signify in the context of discrimination?
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Explain the concept of nominal damages.
Explain the concept of nominal damages.
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What is 'undue hardship' in the context of an employer's defense against failure to accommodate?
What is 'undue hardship' in the context of an employer's defense against failure to accommodate?
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What is the primary purpose of the Parol Evidence Rule?
What is the primary purpose of the Parol Evidence Rule?
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Under what circumstances can extrinsic evidence be introduced despite the Parol Evidence Rule?
Under what circumstances can extrinsic evidence be introduced despite the Parol Evidence Rule?
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Provide an example of aggravated damages.
Provide an example of aggravated damages.
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What are the three main factors that can qualify as undue hardship for an employer?
What are the three main factors that can qualify as undue hardship for an employer?
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What role does reasonable accommodation play in the two-step model of analyzing discrimination?
What role does reasonable accommodation play in the two-step model of analyzing discrimination?
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List two outcomes that the Parol Evidence Rule aims to promote.
List two outcomes that the Parol Evidence Rule aims to promote.
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Identify a protected ground that can be a basis for prima facie discrimination.
Identify a protected ground that can be a basis for prima facie discrimination.
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What may an employment contract specify regarding severance pay?
What may an employment contract specify regarding severance pay?
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What damages may an employer be liable for if they fail to provide reasonable notice of termination?
What damages may an employer be liable for if they fail to provide reasonable notice of termination?
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What is the primary focus of the Salmon Test in relation to employer policies?
What is the primary focus of the Salmon Test in relation to employer policies?
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In the Salmon Test, what is the first step in analyzing a potentially discriminatory policy?
In the Salmon Test, what is the first step in analyzing a potentially discriminatory policy?
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List three prohibited grounds of discrimination in the workplace.
List three prohibited grounds of discrimination in the workplace.
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How does the Salmon Test impact the analysis of discrimination in human rights law?
How does the Salmon Test impact the analysis of discrimination in human rights law?
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What is an employer's duty in relation to accommodating employees with disabilities?
What is an employer's duty in relation to accommodating employees with disabilities?
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What types of damages are classified as compensatory in wrongful termination scenarios?
What types of damages are classified as compensatory in wrongful termination scenarios?
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What must an employer prove according to the Salmon Test when justifying a discriminatory policy?
What must an employer prove according to the Salmon Test when justifying a discriminatory policy?
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What criteria must an employer meet to claim undue hardship?
What criteria must an employer meet to claim undue hardship?
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In assessing a potentially discriminatory policy, what should be taken into account regarding the rights of affected employees?
In assessing a potentially discriminatory policy, what should be taken into account regarding the rights of affected employees?
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What are employers required to provide under occupational health and safety legislation?
What are employers required to provide under occupational health and safety legislation?
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Explain the role of the Internal Responsibility System in workplace safety.
Explain the role of the Internal Responsibility System in workplace safety.
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What is the significance of collective bargaining in labour relations?
What is the significance of collective bargaining in labour relations?
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What is a grievance procedure?
What is a grievance procedure?
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Differentiate between a strike and a lockout.
Differentiate between a strike and a lockout.
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What are the conditions under which punitive damages may be awarded against an employer in Canada according to Honda Canada Inc. v. Keays?
What are the conditions under which punitive damages may be awarded against an employer in Canada according to Honda Canada Inc. v. Keays?
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What was the significance of the judgment in Wallace v. United Grain Growers Ltd. regarding employer conduct?
What was the significance of the judgment in Wallace v. United Grain Growers Ltd. regarding employer conduct?
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In the context of discrimination, what does indirect discrimination mean?
In the context of discrimination, what does indirect discrimination mean?
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What was the primary purpose of setting maximum work hours during the Great Depression?
What was the primary purpose of setting maximum work hours during the Great Depression?
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How have the labor laws introduced during the Great Depression impacted modern employment standards in Canada?
How have the labor laws introduced during the Great Depression impacted modern employment standards in Canada?
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What is the legal obligation of an employer regarding the duty to accommodate employees?
What is the legal obligation of an employer regarding the duty to accommodate employees?
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What are the Bardal Factors used for in employment law?
What are the Bardal Factors used for in employment law?
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What defenses can employers use against accommodation requests?
What defenses can employers use against accommodation requests?
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Identify and explain one of the Bardal Factors that affects the notice period upon termination.
Identify and explain one of the Bardal Factors that affects the notice period upon termination.
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How has the Honda v. Keays decision impacted the ability of employees to claim punitive damages?
How has the Honda v. Keays decision impacted the ability of employees to claim punitive damages?
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Why is the length of service an important Bardal Factor?
Why is the length of service an important Bardal Factor?
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What are 'Wallace damages' intended to compensate for?
What are 'Wallace damages' intended to compensate for?
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Why do minimum wage regulations vary by jurisdiction?
Why do minimum wage regulations vary by jurisdiction?
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How does the nature of the position influence the Bardal Factors?
How does the nature of the position influence the Bardal Factors?
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Explain how the availability of similar employment affects the notice period according to the Bardal Factors.
Explain how the availability of similar employment affects the notice period according to the Bardal Factors.
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What lasting impact did the Bardal Factors have on employment law in Canada?
What lasting impact did the Bardal Factors have on employment law in Canada?
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Study Notes
Exam Overview
- Format: 54 multiple-choice, 5 short answer (choose 4)
- Duration: 2 hours
- Total Marks: 66
- Focus Areas: Required readings, course modules, previous assignments
Important Terms and Definitions
- Frustration of Contract: A contract is terminated when a supervening event makes performance impossible.
- Vicarious Liability: An employer is held liable for the actions of their employees, even if they didn't authorize them.
- Duty to Accommodate: Employers must accommodate employees' disabilities or other needs, unless it causes undue hardship.
- Reasonable Notice: The amount of time an employer must provide to an employee before termination, unless there is cause.
- Wrongful Dismissal: Termination that breaches employment contract terms or reasonable notice period.
Important Case Law
- Entrop v. Imperial Oil Limited: Age, length of service, and position are important factors in determining reasonable notice for termination.
- Bardal v. Globe & Mail Ltd.: Age, length of service, position, and industry are factors used to determine reasonable notice periods.
- Wallace v. United Grain Growers Ltd.: Damages for wrongful dismissal should include compensation for time to find new employment and other losses like pensions.
- Ceccol v. Gymnastic Federation: Employers have a duty to act in good faith when terminating employees, avoiding conduct that could harm the employee's reputation.
- Belton v. Liberty Insurance Co. of Canada: Employers must act in good faith and fairly during termination procedures. Misrepresenting reasons and not providing proper notice can be considered breaches of this duty.
- 671122 Ontario Ltd. v. Sagaz Industries Canada Inc. Employers must act in good faith and fairly during termination. False or misleading statements regarding termination breach the duty of good faith and fair dealing.
- Doc v. Fight Network Inc.: Employers must act in good faith and provide proper notice of termination. False statements about the reason for termination and lack of notice are breaches.
- Renaud v. Central Okanagan School District: Employers have a duty of good faith and fair dealing in termination procedures; these include procedural fairness, just cause, and transparency or "bad faith". Termination without good reason will have implications under the law.
Parol Evidence Rule
- Definition: Extrinsic evidence cannot contradict or alter written contracts.
- Purpose: Prevents fraud, promotes certainty, and avoids conflicting evidence.
- Exceptions: Ambiguity, fraud, prior or contemporaneous agreements, and subsequent agreements.
Make Whole Remedy
- Definition: A remedy that restores an individual to the position they would have been in if a wrong had not been committed.
- Purpose: To compensate for losses or damages and restore the status quo ante.
- Types: Compensatory damages (monetary), reinstatement (to former position), and equitable remedies.
Types of Damages
- Compensatory: Compensate for losses (e.g., medical expenses, lost wages).
- General: Compensate for non-monetary losses (e.g., pain and suffering, emotional distress).
- Special: Compensate for quantifiable losses (e.g., lost profits, expenses).
- Punitive: Punish the defendant for egregious conduct (e.g., fraud).
- Nominal: Acknowledge a technical injury (e.g., minor contract breach).
- Aggravated: Compensate for particularly egregious behavior (inflicting emotional distress).
Defense Related to Duty to Accommodate
- Undue Hardship: Financial costs, health and safety risks, and operational requirements associated with accommodation.
The Meiron Test (BFOR)
- Origin: Meiron v. Canada case.
- Purpose: Framework to determine if a policy or requirement is a legitimate, necessary, and rational consideration.
- 3-part test: Rational connection to required job performance; no less demonstrably effective means available; reasonable accommodation up to undue hardship.
Dependent vs. Independent Contractors
- Distinction Criteria: Control over work; provision of tools/equipment; financial risk and opportunity; factors in distinguishing dependent and independent contractors.
Progressive Discipline
- Concept: A series of escalating disciplinary actions.
- Steps: Verbal warning, written warning, suspension, termination
Employment Contracts and Terms
- Frustration of Contract: Contract ends due to unforeseen events impacting performance (e.g., disability, natural disasters)
Restrictive Covenants
- Types: Non-compete clauses, non-solicitation clauses, confidentiality agreements
- Enforcability Factors: Reasonableness in scope, duration, geography
Summary Dismissal vs. Wrongful Termination
- Summary Dismissal: Immediate termination due to serious misconduct.
- Wrongful Termination: Termination without just cause or without reasonable notice.
Reasonable Notice
- Definition: The proper amount of time given to an employee before termination.
- Factors: Length of service, employee's age, nature of position, industry, availability of similar employment.
Salmon Test
- Background: Establishes framework for determining if an employer's policy is discriminatory.
- Steps: Identify if the policy has an adverse impact on employees based on protected grounds; assess if the policy perpetuates historical disadvantage; determine if the employer has a legitimate reason for the policy and whether it is necessary for the goal or if there are less discriminatory options; evaluate if the policy minimally impairs employees' rights.
Wage-Related Issues
- Minimum Wage Regulations: Legal requirements and historical context.
- Pepita v. Commissioner of Employment Standards: Case involving part-time vs. full-time employee wage entitlements.
Additional Topics
- Intentional Torts in Employment: Defamation, intentional infliction of emotional distress affecting employment.
- Ancillary Contract Terms: Bonus structures, benefits clauses that support employment contracts.
Case Application Tips
- Practice applying legal tests to hypothetical scenarios
- Identify key facts and match the facts to relevant cases and concepts
Study Tips
- Focus on key cases' details (names, key issues, outcomes)
- Summarize important chapters
- Practice applying relevant tests and principles to examples
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Description
Test your understanding of key concepts in discrimination law and the remedies available. This quiz covers damages, prima facie discrimination, and the Parol Evidence Rule, among other essential topics. Prepare to explore the nuances of legal terminology and the implications of various types of damages.