Unit Two Common Law Significant Decisions The following cases played a key role

Unit two common law significant decisions the

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Unit Two Common Law Significant Decisions The following cases played a key role in the development of the law of work. Find each case in the Doorey textbook, and in three to four sentences answer what was at issue in the case, what decision was rendered, and why the case is significant to the law of work. Queen v. Cognos Inc. (1993) Rejdak v. Fight Network Inc. (2008) Lloyd v. Imperial Parking Ltd. 1996) Machtinger v. HOJ Industries Ltd. (1992) Bardal v. Globe and Mail Ltd. (1960) McKinley v. BC Tel (2001) Farber v. Royal Trust Co. (1997) Honda Canada Inc. v. Keays (2008) Key Terms In two to three sentences define the following terms and explain their significance to the law of work. “At will” employment contract At-will employment is generally described as follows: "any hiring is presumed to be 'at will'; that is, the employer is free to discharge individuals 'for good cause, or bad cause, or no cause at all,' and the employee is equally free to quit, strike, or otherwise cease work.” In an October 2000 decision largely
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reaffirming employers' rights under the at-will doctrine, the Supreme Court of California explained: [A]n employer may terminate its employees at will, for any or no reason ... the employer may act peremptorily, arbitrarily, or inconsistently, without providing specific protections such as prior warning, fair procedures, objective evaluation, or preferential reassignment ... The mere existence of an employment relationship affords no expectation, protectible by law, that employment will continue, or will end only on certain conditions, unless the parties have actually adopted such terms. Aggravated damages Aggravated damages are the special and highly exceptional damages awarded on a defendant by a court, when his/her conduct amounts to tortious conduct subjecting the plaintiff to humiliating and malicious circumstances. Ancillary contract term An ancillary contract is a contract related to the main contract but is subordinate to it. Under the Consumer Contracts Regulations, if a customer cancels the main contract , the ancillary contract is automatically cancelled, and it is the trader's responsibility to notify any relevant party. Balance of probabilities Balance of probabilities refers to burden of proof in civil trials. It is also known as preponderance of evidence. The common distinction is made with the burden of proof in a criminal trial, which is beyond a reasonable doubt. In a civil trial, one party's case needs only be more probable than the other. Bardal factors The four factors ( age , length of service, character of employment, availability of similar employment) are now commonly referred to as the “Bardal factors”. These factors have been recognized by the Supreme Court of Canada as the proper method to be used when calculating a dismissed employee's reasonable notice period.
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