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Section B Case Study Please write your answers according to the marks (6 marks in total) CASE IN POINT Facts Employer Learns about Fixed-Term Contracts the Hard Way Howard Benson Group Inc (The Benson Group Inc), 2016 ONCA 256 Relevant Issue Howard was employed at an automotive service centre in whether, absent an enforceable termination clause an em sumarville, Ontario, as Truck Shop Manager and then ployee whose fed-term employment contractis terminated a soles Development Manager. His written employment eary's erted to payment for the remande of the fuedtem contact was for a five-year term, commencing September 2012 Twenty-three months into the fixed term his employ. Decision K. Benson Group Inc. terminated his employment without cause . He was 57 years old at the time, earning $60,000, The Court of Appeal held that Howard was entitled to be paid for the entire 37 months remaining on his feed contiger. This is because a fixed term, in and of itself, rebuts the common law Howard sued the employer for breach of contract, seek presumption of entitlement to reasonable notice or pay in ing payment for the unexpired portion of the contract more than three years'salary. Instead, the motion judge held that lieu of reasonable notice. As such, without a pre determined in the absence of a specific notice provision, the employee notice period within the fired-term contract, an employee is entitled on early termination to the wages he or she would was entitled to reasonable notice damages (which would treben much less than 37 months) Howard appealed the have received to the end of the term. Moreover , Howard was hal. Maward so led the r not required to mitigate damage by boking to leave hoice damages award. work during this period plus benefits 1) Do you agree with the decision of the court? Why. 2) Explain the relevant issue of the case in your own words. 3) Differentiate between fixed-term and flexible-term employment contract