Section A Short Questions (Answer in 4 to 6 lines) 5 Marks in Total 1) Differentiate between negligent misinterpretation and aggressive recruitment. 2) An employee who has been on pregnancy leave calls you to say that she will need more flexibility in her schedule when she returns to work because of childcare needs. Hoe should you respond and why?. 3) Under what three circumstances can an employer make deductions from an employee's wage? 4) What is gender-neutral evaluation system? Provide examples to illustrate your answer. CASE IN POINT Employer Learns about Fixed-Term Contracts the Hard Way Howard v Benson Group Inc (The Benson Group Inc), 2016 ONCA 256 Facts Relevant Issue Howard was employed at an automotive service centre in Whether, absent an enforceable termination clause, an em Bowmanville, Ontario, as Truck Shop Manager and then ployee whose fixed-term employment contract is terminated as Sales Development Manager. His written employment early is entitled to payment for the remainder of the fixed term Decision contract was for a five-year term, commencing September 2012. Twenty-three months into the fixed term, his employ e Benson Group Inc. terminated his employment without cause. He was 57 years old at the time, earning $60,000, plus benefits. The Court of Appeal held that Howard was entitled to be paid Howard sued the employer for breach of contract, seek- ing payment for the unexpired portion of the contract: more than three years'salary. Instead, the motion judge held that in the absence of a specific notice provision, the employee entitled on early termination to the wages he or she would was entitled to reasonable notice damages (which would for the entire 37 months remaining on his fixed contract. This is because a fixed term, in and of itself, rebuts the common law presumption of entitlement to reasonable notice or pay in lieu of reasonable notice. As such, without a pre-determined notice period within the fixed-term contract, an employee is have received to the end of the term. Moreover, Howard was been much less than 37 n holice damages award. Gol de mots Coward appealed her not required to mitigate damages by loking foralternative work during this period. 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. Section C Research Activity 400 - 600 words (10 marks) Question- Please answer in word file. 1) Research the key common law issues to hiring. Explain your research with incidents or cases. 2) What is the effect of using executive search firms in the recruitment process