Question 1" {1 point} Who has the onus to show that an employee breached a fundamental term of an employment contract? 0 11' The employee 0 21' The employer, on a balance of probabilities in most cases. 0 3} The employer but sometimes the burden shifts to the employee 0 4} The employer, who must prove beyond a reasonable doubt that the employee is in breach 0 51' Neither. The court will decide based on the facts presented. Question 3 {'1 point} Edna is an engineer who has been a stellar performer at herjob. Unfortunately. she has lost her designation because her professional engineering association has revamped the requirements and has not grandfathered anyone who had previously qualified as an engineer. Edna's company needs to have an engineer who has a designation. Edna is unable to obtain her designation because she does not have the funds to go back to school. Edna's employer is therefore forced to terminate her employment. Edna's employer could argue the t.- O 1} the employment contract is frustrated because it is impossible for Edna to perform it 0 21' the employment contract is terminated for cause 0 3} the employment contract is impossible to perform but Edna should receive extra notice under the circumstances, pursuant to the red uirements of the EA 0 4} the employment contract is terminated and Edna will receive her ESAand common law entitlements O 5} the employment contract is suspended until such time as Edna can obtain her designation Question 9 {1 point} In determining how much common law notice is reasonable when terminating an employee, an employer should assess: O 1} the employee's age, family circumstances, level of compensation. whether heishe has a pension and the availability of the same job. 0 2} the employee's age, position, family circumstances, level of compensation and the availability of the same job. 0 3} the employee's age, position, family circumstances, level of compensation and the availability of the same job. 4} the employee's age, position, length of service, level of compensation and the availability of similar employment. 0 5} the employee's age, position, length of service, level of compensation and the availa bilty of the same job. Question 1|] {1 point] Jordan is required to drive a truck in order to deliver linens and tablecloths to customers. He was arrested and charged with impaired driving. His licence was suspended for so days. His employer takes drinking and driving very seriously so it decided to suspend him without pay for 100 days. What would you advise the employer? 0 1} The employer is well within its right to suspend Jordan for this amount of time. 0 2i The employer can suspend without pay, but for no more than one week. 0 3} Tbe employer can not suspend Jordan. 0 4} The employer, by suspending for l days. is sending a strong public message that drinking is a moral failing and can publicly hold Jordan's personal example as a deterent for all other employees. 0 5} The employer, by suspending for a period longer than the period in which the employer is legally prohibited from working, might be constructively dismissing the employee. Question 11 |[1 point] An employer can be held liable for the actions of its employees. 0 1} True 02} False Question 12 [1 point] Where there are a series of incidents with respect to an employeer none of which by themselves would constitute just cause for termination, an employer may be able to argue that it has "cumulative just cause" 0 1} True 02} False Question 13 |[1 point] A single incident of disobedience usually constitutes just cause for dismissal. O 1} True 02} False Question 14 [4 pain ts} Define culpable absenteeism. :Tt Question 15 is points} A fellow employee is now a manager and she is nervous - she is conducting her first performance appraisal for an employee. She comes to you for help because you have a lot of experience in this area. What steps should she take to ensure that the appraisal is as fair as possible? is U Question 16 {3 points} Define condonation D Question 1? {3 points} According to the case lawr what type of off-duty conduct justifies summary dismissal? D Question 13 {5 points} Identify and discuss fiye ways in which an employer may reduce the potential for wrongful dismissal actions. tr D Question '19 {3 points} Define the contextual approach it: B Question 20 {4 points} What steps can an employer take to ensure that its policy manual becomes and remains part of the employment contract? '3? U Question 21 {4 points} What was the major finding of the court in r'I-I'lclmnlerllr ~.r BC tel? \"if D Question 22 {2 points} An employee is found intoxicated at work. This is the employee's first incident of intoxication. The employer would like to terminate this employee's employment. What would 1lurou advise? tr U