HRM3420 Summer 2023
EMPLOYMENT LAW
MIDTERM
C. SWEENEY
HRM3420 Employment Law
Christopher Sweeney
Mid-term Test SUMMER 2023
SATURDAY MAY 27, 2023 9:00 am – 11:00 am EST
2 HOURS
Copyright © Christopher Sweeney 2022
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Academic Honesty: You must do this exam on your own, without the assistance
of others. By submitting an exam, you claim that you wrote the exam without
assistance from another person and that you understand that failing to work alone
constitutes a serious academic offence. If you cite any authority, you must source
that citation by clearly indicating the author and source. If you use another’s words,
they need to be in quotations and properly accredited. Students not abiding by
York’s Academic Honesty policies will be dealt with under said policies.
PROHIBITION ON USE OF A.I. IN THIS COURSE: In this course, all work must be
completed by you and you alone. As such, you are not allowed to use generative
artificial intelligence (AI), such as ChatGPT, to help you complete any of your work
in this course (e.g., tests, papers, assignments, presentations, essay outlines,
presentation scripts, etc.). Any use of generative AI in this course will be
considered a breach of the Senate Policy on Academic Honesty.
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This exam is worth 30% of the final grade.
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This exam has 4 Questions worth 50 marks in total.
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You must answer the questions in proper written English, using correct
grammar, spelling, and syntax. Point form answers will be marked accordingly.
Given the format, specific and clear case citations are expected. Case citations
can simply use the names of the main litigants (e.g., Smith v Chan). In cases where
the jurisdiction or level of the court or how recent it is are relevant, you’d be best
to indicate that e.g., a SCC case from this year is a strong citation, an 1854 case
from England, likely not so much. You can refer to a case in more than one
question BUT you must describe the case and how it applies to each question
each time you use it. Comments such as ‘See Other Question’ will NOT be
satisfactory, and I won’t do it.
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Your answers are to appear in numerical order. If questions are broken up into
subgroups (e.g., Part 1; (a), (b), (c)) it has been done so for a reason and you are
to answer them in that format. Clearly indicate which question and part you are
answering.
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HRM3420 Summer 2023
EMPLOYMENT LAW
MIDTERM
C. SWEENEY
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Ontario law applies to every question. Assume all workers are NOT unionized.
Even if not specified in the question itself, the best answers will always refer to
case law, if any, in support.
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This two-hour online exam is available from 9:00 am – 11:00 am EST. If you have
an accommodation, you will be granted a time extension in accordance with your
accommodation. If you have an accommodation, you may get a ‘late’ submission
notice when you submit your exam because it is outside the regular allotted time.
Do not be concerned about this – as long as you are within the extension allowed
you. You are expected to know how much extra time you are allotted as part of
your extension as set out in your letter of accommodation.
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Name
your
document
using
(i.e. LastNameFirstInitialExam)
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You are to upload your exam in Word or PDF format only. If you use another
format, I may not be able to open the document and you get zero. Type your
name and student number at the top of the document, that will be your exam
document.
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Save your document frequently to a location you can access even if there are
network issues. Make sure you upload all questions answered (AND THE RIGHT
FILE!).
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Before the end of the time allowed, save and upload the final version of your
answer on the e-class website the same way you have uploaded the Mandatory
Assignments. Make sure you properly complete the submission process. Properly
submitted exams should receive confirmation. It is your obligation to make sure it
is properly submitted. If you reach out to me hours or days later realizing your
mistake, expect me to be unsympathetic.
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Exams not submitted by the deadline will not be graded [unless you have an
extension due to accommodation or you experience an unexpected technical
issue…] and will be awarded a zero grade. Make sure you do not upload a new
version after the deadline or it will simply appear as late-filed or possibly not
accepted. Exams justifiably and slightly late due to uploading delays etc. (i.e., a
couple of minutes) will be treated flexibly in the discretion of the professor (i.e., me)
and not subject to review.
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If you have a technical issue email me immediately at csweeney@yorku.ca with
the issue and we will go from there. In worst case scenario you can email me your
completed exam at the above address before your deadline and I will exercise my
discretion on how to handle it. My decision will not be subject to review or appeal.
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There has been a recent trend where exams have been uploaded in a
corrupted format or an unauthorized format, thus not allowing the marker to
your
last
name,
first
initial
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HRM3420 Summer 2023
EMPLOYMENT LAW
MIDTERM
C. SWEENEY
open them. We professors have noticed this suspicious trend and recognize
it may grant such students an unfair advantage if they are allowed to
resubmit the exam later. Any such exam will be treated as NOT submitted on
time and will not be marked. If you are concerned about falling into this
group, make sure your file is not corrupted before submitting (converting to
PDF should solve this issue).
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HRM3420 Summer 2023
EMPLOYMENT LAW
MIDTERM
C. SWEENEY
SHORT ANSWER QUESTIONS (50 Marks)
1. (15 MARKS)
Under the Common Law, when an indefinite term employee is fired, they are entitled
to notice (or pay in lieu of that notice), whether it be Common Law Reasonable
Notice or Contractual Notice. Sometimes, however, such an employee can be
dismissed for cause (summary dismissal) i.e., they receive no notice. Give examples
of THREE behaviours of an employee that can justify summary dismissal and for
each refer to a legal case where this was argued.
2. (15 Marks Total)
a) What is Constructive Dismissal? Identify 2 different actions which can cause
Constructive Dismissal, with reference to legally decided cases. (6 marks)
b) What options are available to an employee when they feel they have been
Constructively Dismissed? What are the dangers of an employee “getting it
wrong?” Explain. (4 marks)
c) What is an employee potentially entitled to in a successful Constructive
Dismissal action? How are these various damages determined? (5 marks)
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HRM3420 Summer 2023
EMPLOYMENT LAW
MIDTERM
C. SWEENEY
3. (10 Marks Total)
Both Contract and Tort law govern the employment relationship, creating legal
obligations and liabilities on the parties. Among the various liabilities that can arise at
the beginning of (or even before) the employment relationship, are Negligent
Misrepresentation of the Employer and Inducement. Some might confuse these two
different situations – but not you! Explain, compare, and contrast these two different
concepts. In each case, use decided legal cases discussed in the textbook or the
lectures to explain it. Be sure to outline any tests that might be used, what the liabilities
and remedies are, and how they are calculated.
4. (10 MARKS)
Farid started work as a swim instructor/lifeguard last week. Today, at lunch, his
supervisor handed Farid his required uniform (until now he has borrowed one from
the pool) and she asked him to sign some documents to show that he had received
the uniform and to clean up “some other administrative issues”. She asked if he
could hurry up because she had to go check the chemicals, as some parents let
their kid into the pool without a swim diaper. Ick. Farid was busy flirting with another
lifeguard at the time and wasn’t really paying attention when he signed them. His
supervisor gave him his new uniform and a bunch of papers.
Later, on the bus home, he read the papers. They included a Code of Conduct (e.g.,
No Dating Other Lifeguards or Pool Patrons!?!) and a clause saying if the employer
dismisses Farid, he will only get the minimum amount of notice required by the
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HRM3420 Summer 2023
EMPLOYMENT LAW
MIDTERM
C. SWEENEY
Employment Standards Act. He had previously signed a contract prior to his first
shift that did not include anything about how much notice of termination he must be
given if he is dismissed.
Farid is now nervous about what this all means. He heard you take an Employment
Law class and wants to know what his rights are, what he is entitled to and what he
should do. There are a lot of cute lifeguards and patrons at the pool, and he doesn’t
like the idea of being hampered in his attempts to date.
What legal issues can you see arising from this situation? What advice can you give
Farid? Again, refer to any relevant decided legal CASES to explain your answer.
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