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Discussion Questions: Mandatory retirement has been eliminated in all jurisdictions in Canada with the exception of bona fide occupational requirements and in some provinces bona

Discussion Questions:

  1. Mandatory retirement has been eliminated in all jurisdictions in Canada with the exception of bona fide occupational requirements and in some provinces bona fide retirement or pension plans.
    1. Is ending mandatory retirement good for business? (2 marks)
    2. What are the advantages and disadvantages of mandatory retirement policies? (6 marks)

  1. Employees are required to provide employers reasonable notice of resignation unless the employment contract provides for a different period of notice.
    1. How much notice should the employee provide? (2 marks)
    2. What factors are relevant in determining an employee's reasonable notice of resignation? (2 marks)

Case Studies:

7. Joe (Supervisor)

Joe worked in Sam's Manufacturing Plant as supervisor for five years, and for five years prior to that had been foreman. Because of a reorganization, the position of supervisor was eliminated, and Joe was reassigned to his old job as night foreman. He refused to take it and sued for wrongful dismissal.

Use the standard case analysis template (on next page) to record your answers.

Think about the issues before the court, the arguments of the parties and the likely outcome. Approach the case study as if you were the judge make this decision in the court. Remember to use your legal terminology as studied in class.

Case Study 1: (10 marks)

Classification of Law: _________________________________

Parties: Plaintiff: ________________________________

Defendant: ______________________________

Court: _______________________________________

Case Facts:

Case / Issue: _______________________________

Judgment / Decision: _________________________________

Reasons:

Remedies:

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