Question $41(1$ point$)$

To be enforceable, an employment contract requires $$consideration$.$ This means that:

Question $41$ options:

something of value must be exchanged for the promises given.

the parties must not be unreasonable in the terms imposed.

the employer must consider the employee's situation in setting the terms.

Question $42(1$ point$)$

Only written employment contracts are legally enforceable.

Question $42$ options:

True

False

Question $43(1$ point$)$

Which one of the following clauses found in many written employment contracts is typically the most contentious?

Question $43$ options:

severability clause

termination clause

governing law clause

probationary clause

Question $44(1$ point$)$

In a legal dispute concerning whether or not an employer had just cause to dismiss an employee:

Question $44$ options:

the onus is on the employer to show, beyond a reasonable doubt, that it had just cause.

the onus is on the employee to show, on a balance of probabilities, that the employer did not have just cause.

the onus is on the employer to show, on a balance of probabilities, that it had just cause.

the onus is on the employee to show, beyond a reasonable doubt, that the employer did not have just cause.

Question $45(1$ point$)$

If an employment contract does not contain a termination clause, a judge will read into the contract an implied requirement that the employer provide reasonable notice of termination.

Question $45$ options:

True

False

Question $46(1$ point$)$

As part of operating a business, including dismissing an employee for dishonesty, the steps adopted by the employer

should not include:

Question $46$ options:

investigating incidents thoroughly.

providing a minimal termination package or pay in lieu of notice when the employer cannot prove that the employee committed the dishonesty, but does not want to retain the employee.

providing employees with a copy of written policies and reviewing them regularly.

providing the employee$$when he or she is hired$$with clear, written policies outlining required behaviour.

Question $47(1$ point$)$

Jerome stole from his employer. Upon learning of the theft, the employer wanted to dismiss Jerome. To both avoid a wrongful dismissal claim and preserve a case to dismiss, the employer should:

Question $47$ options:

ignore the incident, given that it was a small item.

apply contextual analysis and the principle of proportionality when determining whether to dismiss Jerome.

change Jerome's supervisor to ensure a more positive working environment.

dismiss Jerome immediately rather than delay.

Question $48(1$ point$)$

When determining whether an employee can be dismissed for off$-$duty conduct the employer must prove that:

Question $48$ options:

there is a substantial connection between the off$-$duty conduct and the employer's reputation and well$-$being.

the conduct at issue occurred on multiple occasions.

the conduct at issue was immoral.

the conduct at issue was illegal.

Question $49(1$ point$)$

A court may find just cause for dismissal based on the fact that an employee lied or tried to conceal misconduct from their employer $-$ even where the misconduct itself was not serious enough to constitute just cause.

Question $49$ options:

True

False

Question $50(1$ point$)$

The purpose of common law and statutory notice of termination or pay in lieu of notice is to:

Question $50$ options:

recognize the employee's loss of benefits and seniority in the job.

punish the employer for wrongfully dismissing the employee.

provide the employee with time to find a comparable job while still receiving income.

Question $51(1$ point$)$

Which of the following is not one of the factors a court will consider in determining reasonable notice under the common law?

Question $51$ options:

the employer's size and financial health

the employee's age

the employee's position in the employer hierarchy

the employee's length of service