Question
How did the courts' approach to wrongful dismissal damages change after the Supreme Court of Canada's decision in Honda Canada v Keays (2008, SCC)? 2.
How did the courts' approach to wrongful dismissal damages change after the Supreme Court of Canada's decision in Honda Canada v Keays (2008, SCC)?
2. Using case law from the course materials explain how "dishonest misconduct" can be the basis for establishing "just cause" dismissal.
3. What is "constructive dismissal"? Using examples from case law in the course materials explain how courts establish if constructive dismissal has occurred.
4. What is the "duty to accommodate"?Describe the obligations that courts have put on employers regarding their duty to accommodate disabled employees.
5. How is it determined whether certain forms of behaviour in the workplace constitute "harassment" under human rights legislation? Describe what employers can do to mitigate liability for harassment that occurs in their workplace.
6. With the increased use of technology in the workplace, an employee's right to privacy is clashing more often with the employer's need to manage its employees by keeping track of them and their information. Discuss how this clash of interests has been dealt with by the courts. Refer to key cases in the course materials.
7. Under Alberta's Occupational Health and Safety Act (OHSA), workers have the right to refuse unsafe work. Discuss when and how that right can be exercised and illustrate using case law examplesfrom course materials
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