Question: 1) Paul, an associate and not a partner, worked as an accountant for a very large accounting firm, called Griffen and Griffen LLP for the
1) Paul, an associate and not a partner, worked as an accountant for a very large accounting firm, called Griffen and Griffen LLP for the last 10 years. When he signed his contract of employment with the accounting firm he agreed to accept 6 weeks termination notice. Recently, a new partner at the firm, Dave, had taken over responsibility for Paul's work. It seems as though Dave did not like Paul and was constantly applying more pressure and demand on Paul than he had ever received before.
He often embarrassed Paul in front of his co workers for poor performance. He also moved his desk to the area where the secretaries work and took away a lot of his long standing client accounts substituting them for administrative tasks like photocopying and purchasing coffee for the partners. After 6 months of this treatment Paul had taken enough and told Dave that he was going to quit and would be suing the firm for $1 million dollars. Dave laughed and replied that since he quit he was not entitled to any money or at the very least the 8 weeks he agreed to in his employment contract. (10 Marks)
2) Termination of employment without notice is
O prohibited by statute
O only permissible if the employee has a fixed term contract
O prohibited by common law
permissible if there is legal just cause
3) Without a termination provision, all employees who are dismissed without just cause
O have the right to reinstatement
O are entited to sue for wrongful dismissal
O have a right to a severance package
( are entitled to reasonable notice of termination
4) A proposal to creditors is
C an agrrement to reduce the number of creditors
O a document required by the Companies' Creditors Arrangement Act
O a debt-restructuring offer to avoid bankrupcy
an offer to hire a trustee to control assets for the benifit of creditors
5) Sam completes work for Generix Company Sam has a desk at Generix, but she sets her own hours and uses her own tools. Sam also completes work for other companies. Generix suddenly ends the working relationship with Sam without ar
O Generix may be liable for wrongful dismissal damages
Sam may sue Geenerix for not providing her with statutory notice of dismissal
O Same is an employee
Sam is an independant contractor
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