Employment Relationship & Policy Manuals

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Questions and Answers

What is a good way for an employer to provide information to employees in a convenient location?

  • In an employer's policy manual (correct)
  • Through weekly team meetings
  • Via social media channels
  • By word of mouth

What does an employee handbook primarily answer?

  • The 'who' questions related to workplace practices
  • The 'why' questions related to workplace practices
  • The 'what if' questions related to workplace practices
  • The 'when', 'where', and 'how' questions (correct)

What is a key purpose of an employer's policy manual?

  • To encourage competition among employees
  • To limit employee access to company information
  • To ensure consistency in the treatment of employees (correct)
  • To provide a historical record of employee performance

What should an employer do to maximize the benefits of a policy manual?

<p>Ensure all employees have up-to-date copies of the manual (D)</p>
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What should employers ensure when making changes to a policy manual?

<p>That employees receive as much notice as possible (A)</p>
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What can a substantial reduction in vacation time be considered?

<p>Constructive dismissal (D)</p>
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What is constructive dismissal?

<p>When an employer makes substantial changes to essential elements of the employment contract (B)</p>
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In the context of employment, what does 'consideration' refer to?

<p>Something of value exchanged between parties in a contract (A)</p>
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If proposed amendments to an employee's contract impact substantive employee rights, what should employers provide?

<p>Fresh consideration (B)</p>
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What is a variation clause in an employment contract?

<p>A clause that states the employer may make unilateral changes to the contract (C)</p>
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According to the Wronko decision, what must an employer do to make a fundamental change to an employment contract effective?

<p>Provide advance notice and explain the consequences of rejection (D)</p>
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What should employers avoid doing when offering promotions?

<p>Coercing employees to accept promotions (C)</p>
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In Kosteckyj v Paramount Resources Ltd, what led the court to rule that the employee had acquiesced to the changes associated with the CRP?

<p>The employee continued to work without protest for a certain period (C)</p>
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What should a company do to ensure the effectivness of advance notice?

<p>Explain to the employee the consequences of rejecting the change. (A)</p>
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What is the primary way to amend an employment contract?

<p>Through negotion (C)</p>
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What should be provided without proper consideration for their to be an enforceable agreement?

<p>Both parties something of value (D)</p>
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What does the Singh v. Empire Life case highlight the importance of?

<p>Consideration (A)</p>
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What is unlikely to occur if the contractual probationary period has expired?

<p>Difficult and costly dismissal (C)</p>
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What is vital for the employer to monitor if an employment contract is for a fixed term?

<p>The date that the contract expires (C)</p>
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A court will refuse to enforce contracts that it finds obsolete because they no longer reflect what?

<p>The terms and conditions of employment (B)</p>
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What are performance appraisals?

<p>A key tool in an employer's ongoing management of the employment relationship (D)</p>
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What are the standards that should be followed when appraisals are created?

<p>To be objective (D)</p>
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What do performance appraisals offer?

<p>Openness (A)</p>
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What is the secondary goal regarding the purpose of progressive discipline?

<p>Document and establish a basis for termination. (D)</p>
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What should the level of discipline be when applying progressive discipline?

<p>Proportionate to the employee's misconduct (C)</p>
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What are you demonstrating when applying steps to employees?

<p>Fairness (B)</p>
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What is condonation in the context of employee misconduct?

<p>Awareness of misconduct with no disciplinary action within a reasonable time (C)</p>
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There are two reasons that an employer may want to suspend an employee. What is on them?

<p>For administrative reasons or as a disciplinary measure (A)</p>
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What term is used if there is an acceptance by one party of the conduct of another party?

<p>Condonation. (D)</p>
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What action puts probationary employees on notice that their performance is being watched?

<p>To watch for signs of significant improvement (B)</p>
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Absenteeism has two catergories in law. What is one the two categories?

<p>Innocent Absenteeism (B)</p>
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An employee has been absent, but their absences arise because of a legitimate medical or other cause. What have they demonstrated?

<p>Innocent Absenteeism (D)</p>
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What is the primary goal of an attendance management program (AMP)?

<p>To promote good attendance (D)</p>
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If an employers takes wrongful actions they are deemed what?

<p>Vicariously liable (C)</p>
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An employer does not provide the vehicle or alcohol but condones it's consumpation, what do they have a legal situation of?

<p>In different legal sitaution (A)</p>
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How can employers minimize successful constructive dismissal claims when proposing amendments to employment contracts?

<p>By seeking written and informed employee consent to the proposed changes. (A)</p>
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What is a key consideration for employers when determining the amount of advance notice required for changes to employment terms?

<p>The terms of the employment contract and relevant common law principles. (A)</p>
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In the context of performance appraisals, what does an employee's signature on the appraisal form primarily indicate?

<p>Acknowledgment of having received and read the appraisal. (A)</p>
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What should employers do to ensure their policy manual is considered part of employees' employment contracts?

<p>Specifically incorporate the manual into the employment contract or letter of hire. (A)</p>
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What is the primary purpose of an attendance management program (AMP)?

<p>To promote good attendance by identifying and motivating employees with poor attendance records. (B)</p>
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What is the definition of culpable absenteeism?

<p>Absences that are blameworthy, such as being late without good reason or failing to follow absence notification procedures. (D)</p>
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In the context of temporary layoffs, what did the Alberta Court of Appeal determine in the Vrana v. Procor decision?

<p>Employers must provide some form of notice to employees prior to a temporary layoff. (D)</p>
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What factor is likely to determine that Kosteckyj had acquiesced to the changes associated with the CRP?

<p>Kosteckyj continued to work without protest for a period of time after the CRP. (B)</p>
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What is the legal principle of condonation in employment law?

<p>The implied acceptance by one party of the conduct of another party. (D)</p>
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Under what circumstances might an employer be vicariously liable for an employee's actions?

<p>When the employee's actions fall within the course and scope of their employment. (D)</p>
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In the context of employment law, what constitutes constructive dismissal?

<p>An employer unilaterally making substantial changes to the essential elements of the employment contract to the detriment of the employee. (B)</p>
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What is a key point raised by the Wronko decision regarding changes to an employment contract?

<p>Providing advance notice of a change may not be enough; employers should communicate the consequences of rejecting the change. (A)</p>
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When can an employer consider skipping steps in the progressive discipline process?

<p>When the policy allows it and the incident is serious enough to warrant it. (A)</p>
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What is one of the requirements that courts are reluctant to support if there is an administrative suspensions?

<p>The suspension must be a relatively short time period and for a fixed term. (C)</p>
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What factor determines if an employer must take reasonable care for the safety of their employees?

<p>Employers must take reasonable care for the safety of their employees and others who come into contact with them. (B)</p>
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What constitutes 'consideration' when amending an employment contract?

<p>Something of value exchanged for the promise given. (A)</p>
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What is the consequence when an employer has knowledge that alcohol is bing consumed by an employee?

<p>Is greatest when serving during a work related event. (A)</p>
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If an employer wants to make a fundamental change to an employee's terms of employment by providing advance notice, the

<p>employer should clearly indicate that the change will take place at the end of the notice period regardless of the employee's acceptance or rejection of it. (A)</p>
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An employer does not include proper language and they let fixed-term employment contract lapse, what happens?

<p>Employee automatically becomes covered by an indefinite-term contract. (B)</p>
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On what should and isn't based, should fair and effective appraisals be conducted?

<p>Should be regulated and objectively. (D)</p>
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What options does an employee have when deciding to accept or deny change?

<p>Accept the change or inform the employer that the change constitutes constructive dismissal. (C)</p>
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If a performance is on the decline, one of the ways an employer may have, but what is it?

<p>Probation. (A)</p>
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What is one of the negative outcomes if an employer serves an employee with Alcohol?

<p>Employer is responsible for the actions of the employee. (C)</p>
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What is the main goal of progressive discipline?

<p>To correct behavior (B)</p>
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What should employees be aware of in order to adhere to the manual?

<p>The consequences of failing to adhere to the manual and that these consequences are fair. (A)</p>
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What is an express term in an employment contract that states the employer may make unilateral changes to the employment contract?

<p>Variation Clause (A)</p>
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When more than one employee is affected by a significant change, an employer probably should do what?

<p>Provide the same notice to all employees based on the longest notice period to which any of the employees is entitled. (A)</p>
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There are two categories for absenteeism, what is the name of the absences due to legitimate medical or other cause and employees can not be disciplined?

<p>Innocent Absenteeism (B)</p>
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What should happen after an employer clearly rejects that new term, the employer must do what?

<p>Also advise the employee of the consequences of rejecting it. (D)</p>
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What type of action is corrective implemented as a result of employee misconduct?

<p>Disciplinary suspensions (B)</p>
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Employers have a duty to take reasonable care for the safety of their employees and others who come into contact with them with the common law makes employers what?

<p>Vicariously liable (A)</p>
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When an employment contract is about to go into a fixed term it is important that the employer do what?

<p>Monitor the date that the contract expires. (A)</p>
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With what is not related, can discipline be applied in a progressive way even when related?

<p>Misconduct. (A)</p>
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What critical factor must employers consider when implementing changes to company rules affecting fundamental terms of the employment agreement?

<p>Additional steps are required, such as providing advance notice and possibly consideration. (D)</p>
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Under what condition will a court MOST likely enforce contracts that are deemed obsolete and no longer reflect terms and conditions of employment?

<p>If the contract contains a clause allowing it to be reopened and updated periodically. (A)</p>
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Which scenario BEST illustrates a situation where an employer might be considered to have condoned employee misconduct?

<p>An employer is aware that an employee is consistently violating a company policy against borrowing money from suppliers but takes no action for a considerable time. (A)</p>
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What is the PRIMARY concern an employer should address when considering administrative suspension of an employee?

<p>Acting in good faith while protecting a legitimate business interest during a relatively short, fixed term. (D)</p>
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When applying progressive discipline, which approach is MOST likely to be considered inappropriate or legally challengeable?

<p>Applying discipline disproportionately to the misconduct, without considering previous incidents or length of service. (D)</p>
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In the context of temporary layoffs, what action should an employer in Alberta take to comply with the 'spirit' of the Employment Standards Code, according to the Vrana v Procor decision?

<p>Issue a notice that contains not only the layoff and its effective date, but also the relevant sections of the Code outlining the effect of that layoff. (B)</p>
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What is the MOST significant risk an employer faces when allowing a fixed-term employment contract to extend beyond its original expiry date?

<p>The employee automatically becomes covered by an indefinite-term contract, per employment standards legislation and common law. (A)</p>
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When determining if an employee's actions fall within the course and scope of their employment, for the purposes of vicarious liability, what situation would MOST likely lead an employer to be held liable for an employee's actions?

<p>An employee commits fraud against a client while using the employer's standard business procedures. (D)</p>
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In the context of performance appraisals, how should supervisors be trained to balance honesty and encouragement to ensure the appraisals are useful and legally defensible?

<p>Address strengths and weaknesses while providing clear paths for improvement, documenting both good and problematic areas. (C)</p>
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How can employers BEST mitigate risks related to employee alcohol consumption at company-sponsored events?

<p>Offer a limited number of drink tickets and monitor alcohol consumption, while promoting alternative transportation options. (B)</p>
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If an employer wants to implement an express declaration that after the end of the notice period, the employee may not work under the existing terms, what must the employer do?

<p>The employer must provide reasonable notice of termination with an offer of re-employment on all new terms. (D)</p>
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When are two categories used when determine if a termination is a constructive dismissal, which are the two used by the courts?

<p>Whether an explicit contract breach; and implied the conduct showed the employer to not be bound. (C)</p>
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In a circumstance where an employee has been dismissed, but the employer has failed provide the opportunity to imporve their performance what can an employer argue to support?

<p>That a reasonable opportunity was provided for improve after warning was issued. (B)</p>
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During what reason, is there is a legitimate medical cause to show "innocent absenteeism"?

<p>An employee protection relates to a work place injury. (A)</p>
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How should an organization develop when ensuring employers must what to take in employee's account for a record, relating to attendance record?

<p>Should give record consideration of employee's attendence record and particular circumstances. (A)</p>
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The common law makes employers liable, but the employer is legally able to be responsible for someone's actions if what?

<p>If those actions are within scope and course fo employment. (A)</p>
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When an employers has knowledge of an employee has been drinking too much what should they not do to protect their duty for one?

<p>Insisting the employee take a cab, while taking the keys. (B)</p>
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How can an organization prevent getting involved for liable accidents for employees and employees on the road?

<p>Should develop workplace policies such an employees policy. (A)</p>
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For the "progressiv discipline", what would be applied upon progressive way even when behaviour is unreleated?

<p>The employer imposes lateness as a result of chronic lateness. (D)</p>
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Regarding workplace, there is considerable amount issues from the romances in the workplace, that should be discouraged due the impact?

<p>All above are true to a point of view for the employer. (C)</p>
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An organization wanted to make some changes to their "benfits package", due to have a competive marketplace what should they be?

<p>All statements are true and the factors to prevent legal action. (D)</p>
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After several warnings and skills, Bev has be placed for performance and improved by being awared that her job will be at stakes for what can you say as a response?

<p>The employer had caused to dismiss Bev on the ground of poor performance. (B)</p>
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If an organization has decided to implement a dress code, what considerations to provide that to an employee's perspective?

<p>All the factors would cause you the issue. (B)</p>
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How is well drafting drafted an employers?

<p>A well drafting shows the employers are all the above. (A)</p>
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What is needed if companies want to maximize companies benfits?

<p>Employers can try to do all above in a maximization of benefits for handbook. (A)</p>
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What are important points regarding for progressive disciplining for employers to look at?

<p>The goal from employer on the goal for correct and documentations from employer expectation. (B)</p>
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From the Court which has provided with what the spirit as required by the Code?

<p>Provisions of the spirit the code required. . (C)</p>
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Under is what an employer to use for some form of a device to show what and what is to miss with dates?

<p>To make or not let that probationary term and fixed term would lapse. (B)</p>
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What does progressive discipline offers for the employer?

<p>All the statements have been provided to the employer for reasonable time. (B)</p>
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Should the change is a detriment or be happy with the promotion an employee who is unhappy or struggles with position may or may not show to their work?

<p>All above except D. (D)</p>
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For the attendance management program (AMP), what action should the organizaiton take to keep a good recording?

<p>Show all has to be made and kept of the base and cases from attention and base. (E)</p>
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When may steps being skipped from the disciplinary policies for progressive discipline?

<p>If its showen it was a proportionate and serious offence. (C)</p>
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How are the requirements in accordance of Ontario with Wronko versus Kafka?

<p>A, B, and C's the show in the requirements the Codes. (A)</p>
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Before an employee is on probation, what must their be?

<p>All above is required before placing on probation. (D)</p>
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In evaluating whether implementing a masking policy during a pandemic constitutes constructive dismissal, which factor would a court MOST likely consider paramount?

<p>The co-extensiveness of the policy with legal requirements imposed by public health authorities. (D)</p>
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What condition would allow an employer to not have to provide advance notice of a workplace change?

<p>Because the change is so minor. (B)</p>
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Which legal principle primarily dictates that changes to fundamental terms of an employment agreement require mutual consent and 'fresh consideration' to be enforceable?

<p>Common law principles of contract, necessitating consideration for binding obligations (C)</p>
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How does the Wronko decision MOST significantly alter the traditional understanding of amending employment contracts with advance notice?

<p>It necessitates that employers explicitly communicate potential termination consequences upon an employee's rejection of amended terms. (D)</p>
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In the Kafka v. Allstate Insurance Company of Canada decision, what critical factor distinguished it from the Wronko ruling regarding employment contract amendments?

<p>Allstate's notification unambiguously stated the changes' effectiveness after 24 months, preempting expectations of continued prior terms. (D)</p>
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When proposing a significant change, what is MOST likely necessary for the employer to do?

<p>Provide consideration for the new term. (A)</p>
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Which assessment is MOST accurate regarding the impact of a variation clause within an employment contract?

<p>While supportive, it isn't foolproof; courts scrutinize fundamental amendments, potentially demanding additional consideration or informed consent. (B)</p>
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In situations where an employer intends to add a non-competition clause mid-employment, which requirement is MOST critical to ensure the clause's enforceability?

<p>Providing reciprocal <em>consideration</em>—something of demonstrable value granted in exchange for the employee's promise. (B)</p>
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In scenarios where an employee's skills are misaligned with their duties, what course of action would indicate that the employer has a strong understanding of performance appraisals?

<p>Leveraging appraisals as diagnostic instruments to facilitate redeployment opportunities within the organization. (D)</p>
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Which constitutes the MOST direct method for an organization to demonstrate adherence to principles of natural justice during administrative suspension of an employee?

<p>Expeditiously providing the employee with transparent rationale underlying the suspension, coupled with avenues to present a rebuttal. (B)</p>
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What should be the PRIMARY objective when implementing a progressive discipline program in an organization, bearing in mind potential legal ramifications?

<p>Rectifying problematic conduct via calibrated interventions, while meticulously documenting actions as a safeguard against wrongful termination. (C)</p>
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An employee has had a verbal warning as per the progressive disciplinary procedure, but their behaviour has not improved, what is the next step?

<p>Proceed to a written warning. (A)</p>
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What consideration is MOST important for an employer when determining appropriate action after discovering an employee has violated a company policy?

<p>Whether prior, analogous infractions from concurrently employed individuals were hitherto either unaddressed or tacitly countenanced. (B)</p>
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Under what circumstances does the legal principle of 'condonation' pose the GREATEST risk to an employer's ability to discipline an employee?

<p>When the employer fails to undertake tangible remedial measures within a judicious timeframe following awareness of the misconduct. (B)</p>
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What best demostrates what an employer must prove if there is an effort to indicate the employee is on probation?

<p>The employee is showing real misconduct on a balance of probablities. (A)</p>
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When non-unionized employees are temporarily placed on leave, what is the most likely issue to arise?

<p>That it is an action for damages of constructive dismissal. (B)</p>
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In contexts necessitating temporary layoffs, what obligation does an employer possess under jurisprudence derived from the Vrana v. Procor decision?

<p>Advising employees of its intention to comply with temporary layoff provisions. (B)</p>
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What principle is MOST important for a company to remember when determining "excessive absenteeism"?

<p>Give individual consideration to an employee's attendance record and particular circumstances prior to terminating employment for non-culpable absenteeism. (A)</p>
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Within attendance management programs (AMPs), what primary safeguard should employers implement to mitigate risks of discriminatory practices?

<p>Ensuring individualized assessments of attendance consider factors like age, disability, or family status. (D)</p>
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To avoid the find of the possibility of finding constructive dismissal, many employers with non-unionized employees have adopted a discipline policy that excudes what action?

<p>suspensions (D)</p>
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When is a dismissal the MOST likely to be a constructive dismissal?

<p>A week-long unpaid suspension of a marketing executive, along with several other disciplinary measures, amounted to constructive dismissal. (A)</p>
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Under what condition that an employer can avoid vicarious liability?

<p>An employer will not be held vicariously liable for an employee's acts when they arise independently of the employment relationship or where the workplace merely provided the opportunity for the wrongful act. (B)</p>
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What is the MOST critical factor in determining whether an employer can be held vicariously liable for actions of an employee consuming alcohol at a company event?

<p>Whether the employer monitored consumption, preventing inebriated employees from driving. (B)</p>
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What constitutes the MOST defensible employer action when confronted with evidence an employee is impaired by cellphone use while operating a company vehicle?

<p>Strictly forbidding ALL wireless communication while mobile, mandating cessation of vehicular operation for call initiation or receipt. (A)</p>
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In the Mugford v. Kodiak Construction Ltd. case, what factor MOST significantly influenced the Alberta Court of Appeal's decision regarding vicarious employer liability?

<p>The employer entrusted access to the vehicle which then directly leads to harm. (A)</p>
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How do the circumstances in John v. Flynn contrast with those in Hunt v. Sutton Group to affect the determination of employer vicarious liability concerning employee intoxication?

<p>In John v. Flynn, the employer DID NOT provide alcohol, thus demonstrating lower vicarious liability. (B)</p>
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An employee handbook usually answers the 'when', 'where', and 'how' questions.

<p>True (A)</p>
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An employer's policy manual helps ensure inconsistency in an employer's treatment of employees.

<p>False (B)</p>
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A policy manual automatically binds the employee.

<p>False (B)</p>
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The employment contract or letter of hire should specifically incorporate the policy manual.

<p>True (A)</p>
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Employees should be allowed to remain ignorant of the consequences of failing to adhere to the manual.

<p>False (B)</p>
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When constructive dismissal occurs, the employer unilaterally makes slight changes to the essential elements of the employment contract.

<p>False (B)</p>
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A minor change to the employment contract, such as modifying a procedure for applying for reimbursements, requires negotiation with the employee.

<p>False (B)</p>
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Constructive dismissal can occur if an employee is harassed such that the environment becomes untenable.

<p>True (A)</p>
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If an employee consents to changes in their contract, it can still be considered constructive dismissal.

<p>False (B)</p>
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A variation clause in an employment contract states that the employee can make unilateral changes to the employment contract.

<p>False (B)</p>
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An employer can avoid constructive dismissal claims by only making changes to employment contracts that increase employee rights.

<p>False (B)</p>
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Providing 'fresh consideration' is one way to amend the employment contract.

<p>True (A)</p>
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Employers should coerce employees to accept promotions.

<p>False (B)</p>
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Performance evaluation is a form of discipline.

<p>False (B)</p>
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Disciplining employees can only be done with negative feedback.

<p>False (B)</p>
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Supervisors should not be trained to conduct fair and effective performance appraisals.

<p>False (B)</p>
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Performance appraisals should be conducted objectively based on the employee's feelings.

<p>False (B)</p>
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In progressive discipline, the level of discipline must be proportionate to the employee's misconduct.

<p>True (A)</p>
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Progressive discipline should punish and not correct behaviour.

<p>False (B)</p>
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An employer is not responsible for providing acceptable standards of conduct in their policy manual.

<p>False (B)</p>
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Condonation occurs when an employer is not aware of misconduct but takes disciplinary action on an employee.

<p>False (B)</p>
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An employer can always use prior condoned misconduct as a basis for discipline

<p>False (B)</p>
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Employees can never be subject to disciplinary measures under any measures.

<p>False (B)</p>
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Only unionized employees can be placed on a probationary period.

<p>False (B)</p>
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There is no need to consider the possibility that the employee will bring an action for damages for constructive dismissal when a non-unionized employee has a temporary layoff for economic reasons.

<p>False (B)</p>
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A temporary layoff always requires advance notice.

<p>False (B)</p>
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Culpable absenteeism involves blameworthy absences.

<p>True (A)</p>
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Innocently absent employees can never be subject to disciplinary measures.

<p>True (A)</p>
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When developing or reviewing AMPs, employers should not give consideration to age, disability, or family status.

<p>False (B)</p>
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An employees' actions can't be an employers responsibility.

<p>False (B)</p>
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It is easy to see if an employee's wrongful act is closely connected to their employment that the employer will be held responsible.

<p>False (B)</p>
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An employer is never liable for providing alcohol if an employee gets into an incident.

<p>False (B)</p>
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If an employer allows an employee to drive a company car the employer becomes vicariously liable for the employee when they are behind the wheel.

<p>True (A)</p>
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Employers are always responsible for their employees following the law.

<p>False (B)</p>
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Employers should not take any action when alcohol is served at employer-sponsored events.

<p>False (B)</p>
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An employer policy manual ensures consistency in the treatment of employees and provides managers with pre-established rules.

<p>True (A)</p>
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If a company rule leading to dismissal is well communicated, consistently enforced, and deemed reasonable, employees do not necessarily need to be advised of the potential for termination for breaking it.

<p>False (B)</p>
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Constructive dismissal occurs only when an employer directly and explicitly terminates the employment contract, leading to its obvious breach.

<p>False (B)</p>
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If an employee consents to an employer's conduct, even if it alters an essential term of the employment contract, it is considered a unilateral breach of contract.

<p>False (B)</p>
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In cases of constructive dismissal, a reduction in pay must always be substantial (e.g., 25% or more) to be considered a repudiation of existing employment terms.

<p>False (B)</p>
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In situations involving a proposed change to an employment contract, obtaining written and informed consent from the employee does not guarantee complete immunity from constructive dismissal claims, but it significantly reduces the likelihood of such assertions.

<p>True (A)</p>
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Offering continued employment alone constitutes sufficient 'fresh consideration' to validate significant alterations to an employment contract, such as reduced compensation or diminished responsibilities.

<p>False (B)</p>
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When modifying an employment agreement, providing advance notice of the changes is always sufficient, regardless of whether the employee accepts the new terms.

<p>False (B)</p>
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If an employer provides a legally sound explanation of changed employment conditions, the employee is unable to pursue punitive action.

<p>False (B)</p>
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In collective bargaining under the common law, both parties must receive consideration when amending an employment contract or the amendation fails to be enforceable.

<p>True (A)</p>
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Inadvertently allowing an employment contract's fixed term to lapse does not alter its original terms, but is subject to legal review upon expiry.

<p>False (B)</p>
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An employer's well-documented history of performance problems outweighs the employee's attempts at improvement.

<p>False (B)</p>
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During performance appraisals, supervisors should prioritize the more positive qualities of underperforming employees.

<p>False (B)</p>
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Progressive discipline first originated in unionized workplaces but is not permissible in non-unionized labour environments.

<p>False (B)</p>
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Clear misconduct, proportionate discipline, and accounting for incidents' timeline are all factors accounted for when applying progressive discipline.

<p>True (A)</p>
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Suspensions without any pay may be levied in order to remedy unsatisfactory behaviour from an employee.

<p>False (B)</p>
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Non-disciplinary terminations cannot occur in an employment that has grown to cause difficulty for an employer.

<p>False (B)</p>
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Should the standards of attendance be unobtainable, employers are still liable to impose standards in attendance management programs.

<p>False (B)</p>
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In cases of excessive blameworthy or uncorrectable actions by an employee's actions, temporary leave does not have direct effects.

<p>False (B)</p>
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If an owner approves a non-authorized action, the wrongful act does not connect their responsibility; it is not closely tied to the employment.

<p>False (B)</p>
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An employer has no recourse if an employee causes them harm on his or her own accord.

<p>False (B)</p>
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An employer's responsibility is not greater if it serves alcohol to an employee at workplace due to personal preference.

<p>False (B)</p>
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Express consent of employee vehicle use negates employer responsibility should recklessness occur.

<p>False (B)</p>
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If an organization is unaware of potentially unlawful employee actions, it does not have an obligation to monitor or change the employee's activities, regardless of the harm.

<p>False (B)</p>
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Distracted driving laws are not present in Canada.

<p>False (B)</p>
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Providing fair notice to employees who are about to be placed on temporary layoff is at the employer's discretion and not a legal obligation.

<p>False (B)</p>
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Express allowance in policy and/or contract for layoffs absolves nonunion employers when constructive dismissal stems from that event.

<p>True (A)</p>
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Employers can use probationary periods as part of progressive discipline programs to meet performance requirements of employees.

<p>True (A)</p>
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Applying a probationary clause in labour relations cases is effective at resolving employee misconduct and protecting from unlawful dismissal claims.

<p>False (B)</p>
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Whether or not employees speak up and voice their discontent with significant unilateral changes in the terms and conditions of employment, an employer may also be faced with resentment and declining morale if it chooses to institute such changes without at least some notice and some explanation.

<p>True (A)</p>
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Flashcards

Employer Policy Manual

A document containing employment policies and procedures

Constructive Dismissal

Dismissal occuring when an employer makes substantial changes to the contract to the detriment of the employee

Variation Clause

An express term in an employment contract allowing the employer to make unilateral changes

Fresh Consideration

Providing something of value in exchange for a promise within a contract

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Performance Appraisals

Regular evaluations providing feedback on employee performance

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Progressive Discipline

A system of discipline that increases in severity with repeated infractions

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Condonation

When an employer is aware of misconduct but takes no action

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Probation

A specified period where performance determines suitability for a role

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Temporary Layoff

Layoff that does not trigger termination pay

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Culpable Absenteeism

Absenteeism due to blameworthy conduct

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Innocent Absenteeism

Absenteeism due to legitimate medical or other cause

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Attendance Management Programs

A program to improve employee attendance

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Vicarious Liability

Legal responsibility for the actions of another

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Individual Contract of Employment

Individual employment contracts form the base of the employer-employee relationship, containing governing terms and conditions.

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Policy Manual Functions

A policy manual offers employers a legal and communicative tool, providing information in a centralized way. It communicates company rules.

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Incorporating Manuals into Contracts

Employers must ensure employment contracts or hire letters clearly incorporate the manual so the employee knows these terms are part of their employment.

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Provide Manuals Early

Employers should proactively supply employees with the policy manual prior to their commencement of work.

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Communicate Policy Changes

Provide as much advance communication of changes to the policy manual as you can.

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Acknowledge the Policy Manual

Employers have employees acknowledge via a signed form that they have reviewed the manual and its changes and are responsible for understanding it.

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Introducing Minor Changes

An employer wants to introduce changes, such as modifying a reimbursement procedure, they can announce it and share the updated policy manual.

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Constructive Dismissal Examples

Changes such as a 25% loss of pay amount to constructive dismissal.

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Determining a Contract Breach

The court establishes if an employer caused an express/implied term breach and, if the conduct was unilateral.

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Avoid Coercing Promotions

Employers shouldn't force employees to accept promotions

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Acquiescing to New Terms

The failure of an employee to voice concern about changed terms could mean they accept it.

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Negotiated Contract Amendment

If the parties receive something of value, amending is possible.

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If Amendment is Refused

The employer will need to provide a notice to the employee of possible termination.

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Monitoring Fixed-Term Contracts

An employer should use a reminder system.

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Revisit Contracts

Contracts rewritten periodically ensure the reflection of the current employment relationship.

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Performance Appraisals- An Alert

Alerts both employer and employee providing opportunity for improvement.

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Policy Manual Consistency

Ensuring consistent treatment of all employees by adhering to a pre-established set of rules and guidelines.

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Challenge to new contract terms

Occurs if a disadvantageous term is presented without something of value being reciprocated.

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Consequences for change refusal

Advising the employee of possible termination if they decline updated employment terms.

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Unable to Perform Higher Role

If capable, supervisors should re-employ the employee to their former position, or provide appropriate pay in place of notice.

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Communicate Expected of Employees

Making expectations known, and ensuring staff know exactly what is predicted of them.

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Useful evaluations

  1. Honesty. 2. Standards. 3. Standard evaluation form. 4. Response. 5. Document. 6. Provide copy. 7. Reset goals. 8. Separate appraisals from salary reviews.
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Advance Notice Is Better Communication

Fair notice, appropriate to the situation, helps show respect and compliance.

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Individual AMP Analysis

For a fair review, set goals based on an analysis of employee circumstances, and performance analysis.

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Liability: Scope Of Employment

The employer acts, as if on behalf of the employee, when that action lies in the employee's sphere of work.

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Mitigating Risk; Negligent Conditions

Express care regarding alcohol events, handheld electronics, and other conditions likely to impact or harm an employee.

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Avoid Dismissals and Suspensions

Verbal, written, final written warning, & termination. Many firms now take a three or four-step, suspensions-free position.

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Policy manual

A manual that clarifies the reason behind workplace policies, offering deeper insight than a typical employee handbook.

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Amendment Requirements

When an employer tries to update employment relationships; an acceptance needs the potential for a win-win agreement.

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Refusal Results

The legal requirement for companies: must outline repercussions of turning down changes to contracted work.

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The correct period of prior warning.

Alerts a company must give when implementing major staff, workplace or functional changes.

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Minor Rule Changes

An employer who wishes to make minor rule changes can simply amend the manual and notify employees.

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Policy Manual Benefit

Ensures predictable treatment and reduces dissatisfaction by clarifying expectations.

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Express Declaration

An express declaration that employee may not continue under existing employment terms after the notice period.

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Social Media Policy

A policy addressing respectful communication and responsible online conduct for an organization's members or employees.

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Constructive dismissal test.

The court will determine whether the actions of the employer (not an obvious breach of contract terms) will still lead a reasonable person to believe they are being forced out.

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How to recognize constructive dismissal changes.

Substantial changes to job title, duty and/or hours.

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Paper Trail Importance

Documenting ongoing performance concerns and efforts to support improvement.

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Incidents of misconduct warranting immediate termination.

For violence and malicious intent for example.

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An administrative suspension.

To suspend for work incidents to investigate.

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Key aspect of "culpable" absences.

Blameworthiness.

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What is constructive dismissal?

Dismissal that occurs when employer unilaterally causes considerable, unfavourable contract shifts.

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What is an Employee Handbook?

A handbook offering easy-to-understand, quick guidance on workplace operations.

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Policy Standards of Conduct

Clear policy that details conduct expectations & consequences for violations.

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What are performance appraisals for?

It motivates/creates openness and encourage/alerts to issues.

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What is Progressive Discipline?

The level of discipline applied, and the length of time the incident occured.

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What is condonation?

Actions or decisions deemed acceptable/agreed upon

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Take Reasonable Care?

Actions of work affecting safety of staff and those who contact firm.

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If and when is a person liable?

Being legally responsible only if actions fall under course of employment.

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What happens until the period expires?

Workers are without work/ pay, and cannot take other action until that period has expired.

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Protect the business interest.

The suspension must protect the legitimate business interest.

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Study Notes

  • The employment relationship for non-unionized employees is based on an individual contract, whether written or oral.
  • Contract terms include those expressly agreed upon and those implied by common law.
  • Common law principles of contract, like the need for consideration, are relevant.
  • Changes to the contract require consideration if disadvantageous.
  • Parties must consider constructive dismissal rules if changes significantly alter duties or impose discipline
  • This chapter considers legal and human resources practices for employers to consider when navigating the ongoing employment relationship.
  • Learning outcomes include an understanding the effective use of a policy manual while learning the legal requirements for amending an employment contract and to identify management issues plus explaining an employer's liability for damages caused.

Employer Policy Manuals

  • Most organizations should have a policy manual with employment policies/procedures.
  • Larger Employers often use a user-friendly version being and Employee Handbook.
  • Employee handbooks answer “when,” “where,” and “how” questions.
  • Policy manuals provide insight into "why."
  • Policy manuals should cover basic rights/responsibilities and direct employees to policies
  • Policy manuals fulfill legal and communicative functions by effectively providing information in a centralized way.
  • Policy manuals communicate organization expectations and include company rules on dress codes, benefits, disciplinary procedures, and harassment policy.
  • Policy manuals are a convenient way to make minor changes to company rules.
  • For significant changes, additional steps are necessary, especially when affecting fundamental employment agreement terms.
  • Policy manuals help ensure consistency by providing managers with pre-established rules.
  • Treating employees consistently and predictably is crucial for being perceived as a fair employer, reducing dissatisfaction and disputes.
  • Policy manuals don't automatically bind employees, so employers must take steps to ensure it forms part of the employment contract.
  • To maximize policy manual benefits, employers should incorporate the manual into employment contracts, give employees copies before work, draft the manual clearly, apply policies consistently, provide up-to-date copies, and give notice of changes.
  • Employers should have employees acknowledge in writing they reviewed the manual and any changes and ensure employees know the consequences of non-compliance, advising of sole discretion to make changes, and updating the manual for compliance

Daley v Depco International Inc

  • This case demonstrates the importance of effectively implementing an employment policy manual.
  • The employer's progressive discipline policy was the core of its defense for just cause to dismiss an employee.
  • The Court approved Depco’s employee handbook distribution and employee sign-offs confirming its rules.
  • The acknowledgment stated failure to adhere to policies may result in action or dismissal.
  • Depco's progressive discipline policy implementation was crucial in the Court's decision.
  • For a breach of a company rule to constitute just cause for dismissal, factors must exist including rules that are reasonable, communicated and sufficiently important and that termination could occur. A final consideration is whether a reasonable excuse existed.

Changing Employment Terms and Conditions

  • Introducing contract changes during employment raises issues.
  • Minor changes can be announced and distributed.
  • Significant changes can lead to constructive dismissal if they fundamentally alter the agreement
  • Consideration must be provided for a change to be binding.

Constructive Dismissal

  • Constructive dismissal occurs when employers unilaterally make substantial changes to essential terms of the employment contract.
  • Employees can accept changes or inform changes to the employer, constitutes dismissal, quit/sue or remain in position/sue for the difference in pay.
  • Farber v Royal Trust Company defined constructive dismissal in Canada and constitutes dismissal when there is substantial change to the contract terms.
  • Examples of constructive dismissal include vacation and salary including a demotion and refusal to fulfil conditions of employment plus harrassment or forcing employees to accept changes (Being Fired).
  • Potter v New Brunswick Legal Aid Services Commission established that that there are 2 branches to constructive dismissal , substantial breach of contract and no objective reason that employees should no longer be bound.
  • 25% pay reduction or job duty downgrade indicates a repudiation of terms making a dismissal.
  • Less obvious changes like modifying commission are less clear and need to be examined how employee was impacted
  • The actions must be deemed and obvious and the cumulative actions may lead a person to see the Employer was forcing them and indicating not being valued.

British Columbia Cases on Constructive Dismissal

  • Two British Columbia cases that applied the 2nd branch of Potter which is that the employers conduct showed that they wanted the employee to leave
  • De Vink v Schaffer Residences Inc, the employee said that there was an intolerable environment because she asked for a rise after co-worker disagreement, bullying and harassment.
  • The judge and claims failed because she instigated to conflict, rather than co-workers of supervisor

Federickson v Newtech Dental Laboratory Inc

  • This case found that there was mistreatment that would make the workplace intolerable and fired because slowdown in business.
  • The employer requested her return, she rejected because the business owner secretly recorded two conversations.
  • Court of Appeal rules that the original business environment was wrong and employer breached confidence.
  • On the basis of Potter return was intolerable and not required to damages
  • Potter cases includes job responsibilities, reductions in employees pay, work days relocation and unfair probation and hostile work environment.

Matthew v Ocean Nutrition Canada Ltd

  • This case reaffirmed the Potter case and provided that approach is remedies for constructive dismissal and is a way the law provides reasonable notice.
  • Entitlement to compensate the amount of bonus if the employment did not reach conditions to provide a Breach (Implying Proper Notice).
  • Employer fails to give proper notice or pay = breaching payments and not terminating

Covid-19 Era Dismissal Challenges

  • Benke v Loblaw Companies Limited indicates being put on unpaid lead due to rejection to comply with mask = Resigned
  • No evidence requirements (medical, health and the courts were unable to provide discrimination with regards to Employee Condition).
  • No Breach for unpaid agreement
  • The Court noted that the employee's job responsibilities had not changed and rather the only thing that was different was a requirement to wear a mask.
  • The masking policy was also co-extensive with legal requirements imposed by municipalities and public health authorities. The Court recognized the essence of the working relationship.

Making Changes to Employment Contracts

  • Legal obligations to meet = Employers can agree in the following ways.
  • Variation Clauses = Employer can take unilateral changes.
  • Written informed to amend = Minimized Constructions of Amendments
  • Provide new conversations and employers = Bonus Vacation Accepting Contract
  • Reasonable chance of the Change = Reasonable times
  • Employers should include an express declaration that the employee may not continue under the existing employment terms after the end of the notice period

Wanko v Western Inventory Service Ltd

  • Court held that Western letter was fired on Western. Two years payments of letter from employment agreement.
  • Issue , Can Employers Change the Terms and the changes and what
  • Court found Wanko which must notify in advance and explicit reasons of rejecting.

Kafka v Allstate Insurance Company of Canada

  • This case was advised insurance that companies were aware and Allstate made its clear and continuing payments.

Advance Notice Changes is Clear, The Change is Not Accepted

  • Determine of Advanced Notice = What is Proper depending on the circumstance , termination and absence

Employers Should Try to Follow

  • Senior managerial level that Promotion Negative

Kosteckyj v Paramount Resources Ltd

  • Found that 25 days of movement the decision are to make changes with non-constructively dismissed
  • The courts found reasonable
  • The Court of Appeal found that the implementation of the CRP was not a constructive dismissal (meaning that Kosteckyj’s entitlements on termination were to be calculated in accordance with her reduced post-CRP compensation). Because Kosteckyj continued to work for three weeks without communicating dissatisfaction, she had acquiesced to the CRP

Providing Consideration : New Terms

  • Provide something of value

Signh v Empire Life

  • Not in a Position by Singh, Empire and August is getting $170, 000 and September 1, not contracts, and then is a new 24 month deal (February).
  • Court, damages (Upheld). Original Agreement. Not Sufficient Consideration. Singh should not be much.
  • The courts in BC and elsewhere have affirmed the general principle that modification of a pre-existing contract will not be enforceable unless there is some further benefit to both parties.

Techform Products Ltd v Wolda

  • Courts have found that where an employer is in a position to terminate an agreement with little or no notice, and clearly intends to do so if the new terms of the agreement are not accepted, a promise not to terminate if the employee agrees to a new term may constitute consideration.

Contract Monitoring

  • Must be properly, costly (Employee has to observe)
  • With fixed-term contracts, employers should monitor the expiry date to avoid automatic conversion to an indefinite-term contract
  • To avoid missing important dates, an employer should use a reminder system
  • Periodically revisit all employment contract to ensure reflections on current

ABC Benefit Corporations

  • It is very likely never the subject of litigation

Performance Apprailsal

  • Give chance to feedback, regular basis and allows problems earlier and effectively and look elsewhere. Lay ground in case and difficult
  • Training supervisors to conduct fair and effective appraisals is essential
  • Conduct performance appraisals objectively and regularly, as well as separately from salary reviews.
  • Supervisors have a natural reluctance to raise performance problems with employees for fear of a hostile response. A series of inappropriately positive reviews makes it difficult for an employer to allege just cause for dismissing an employee.

Progressive Dicipline

  • Actions More (Increases Steps), Employee be eventually entitled for disciplinary actions
  • Emphasizes correcting behavior over punishment
  • Steps in a progressive discipline program should include outlining standards of conduct with consequences, describing potential disciplinary actions, that discipline is proportionate, clarify that it's not performance feedback, document every step, ensure improvement plans are realistic, and provide adequate time while asking for employee comments
  • Unless an employer has a well-known policy regarding suspensions, suspensions without pay may constitute constructive dismissal, because under the common law an employer has no inherent right to suspend an employee for any reason

Motta v Davies Wire Industires Ltd

  • Manager not given opportunities to improve
  • Court finds gross Management, Insobordination was upheld and failed to perform the responsibilities. The judge was in agreement
  • The judge also noted that while insubordination for something minor may not constitute cause for termination, insubordination by senior managers is more serious in character because it has greater potential to impact operational integrity and can be more difficult to detect. Furthermore, the insubordination was aggravated by two incidents of dishonesty that went to the heart of the employment relationship

Disciplinary

  • An approach gives better to improve or a better challenge for being.

Employee Misduduct Actions for condoning

  • Failure and being can apply
  • Condonation happens when an employer is aware of misconduct and doesn't take disciplinary action in reasonable time
  • An employer who condones misconduct may not be able to use it for discipline or dismissal later

Suspensions In The Workplace

  • Must be an implied term and employer can clear action
  • Must have clear well spoken language
  • Having a clear and well communicated process
  • Employers must follow certain rules regarding administrative suspensions to meet required actions
  • Suspension must protect legitimate business interests, acting in good faith and a short fixed term
  • A question arises as to whether an employer has the authority to suspend in non-union, without pay as a form of action or dismissive
  • In a circumstance and basis of the intent to meet these rights
  • To avoid constructive dismissal, some non-unionized employers exclude suspensions from their discipline policies
  • Reasonable action must be taken if an employee is suspended, as an unreasonable suspension is constructive dismissal

Probation

  • Performance requirements for that action
  • In English v NBI Canada Inc, an employer put an employee on probation but terminated them before the probation period ended and was unsuccessful.
  • Placing employees on probation is increasing uncommon with employers and is ineffective in remediating from action or claims.
  • mere dissatisfaction with an employee’s performance is not sufficient reason for dismissal

Temporary Layoffs

  • Not constructive by Law
  • The Employment Standards Code in Alberta allows employers to temporarily lay off employees for up to 60 days.
  • The Employment Standards Act recognizes a temporary layoff as lasting up to 13 weeks in a 20-week period in BC.
  • As stated in the Morgan J. decision
    • An employer has no right to impose a layoff either by statute or common law, unless that right is specifically agreed upon in the contract of employment.

Vrana v Porcor Limited

  • Given letter Shortage of work, the temporary is an option
  • No misunderstanding
  • When invoking layoff, employers should to to provide fair notice to the employee of the intent.
  • To Comply with the intent, the notice should provide of the layoff
  • The notice should contain not only the fact of the temporary layoff and its effective date but also the relevant sections of the Code outlining the effect of that layoff

Collins v Pim Pallison Industries Ltd.

  • Accepted of the BC supreme. Code.Employee was never met
  • The laws did not create law

Attendance Managment

  • 2 Different Categories (Culpable/innocent Abseteeism)
    • Culpable (Without Good Reason - Blamewothy)
    • Innocent = Medical/Other Cause
  • Legislation = Should be applied /reasonable as improvement
  • Program- Poor Attendence & interviews
  • Counselling And Non automatic.The standards are always too High.In all situations.

Actions : Employers should ensure

Assessment the attendence, Impact,

  • They are reliable

Employers' Vicarious Liability for Employees' Actions

  • The common law makes vicariously liable for damages to employees if those action within conduct/scope of employment
    • Action is deemed
      • Authorized by employer or unauthorized, may be regarded

Rulings for conduct of Actions and Board, The employee or a teacher

If teacher has no authority for actions, it must come from the Board - An employer will not be vicariously liable if actions were independent of relations when providing

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