Provide an appropriate response.The grades are given for a s…
Questions
Prоvide аn аpprоpriаte respоnse.The grades are given for a student for a particular term. Find the grade point average. The point values of grades are given below. A : 4, B : 3, C : 2, D : 1, F : 0 Grade Credit Hours C 4 A 1 F 3 B 2 A 4
Select аnd аnswer ONE оf the fоllоwing THREE long аnswer questions 15 Marks. Time to answer: 30-45 mins OPTION 1 A senior operations manager in a safety-sensitive, heavily regulated industry is responsible for scheduling, overseeing confidential safety-audit information, and supervising a small team. The employment agreement includes confidentiality and conflict-of-interest clauses, an obligation to follow OHS procedures, a standard without-cause termination clause, and a six-month non-solicitation clause. There is no non-competition clause. During an internal HR review, the employer discovers that the manager had been uploading internal safety-audit materials to a personal cloud account. Anonymous employee complaints also allege that the manager discouraged strict compliance with safety rules during peak periods, though no formal discipline appears in the employment file. The employer terminates the manager without cause and pays the contractual severance. Shortly afterward, the employer circulates an internal memo indicating that “leadership failures contributed to unsafe operations.” Two months later, the manager joins a direct competitor in a similar operations role, and several members of the former team resign and join the same competitor. The former employer alleges misuse of confidential information, unlawful solicitation, and breach of fiduciary obligations. The manager alleges the dismissal was conducted in bad faith. Analyze the legal issues raised by this scenario. Apply relevant employment-law principles to assess the parties’ rights, obligations, and potential remedies. In your answer, you may wish to consider: the legal distinction between cause and without-cause termination how courts assess allegations of misconduct and the contextual approach the employer’s obligations relating to good faith and honesty in dismissal confidentiality, proper handling of employer information, and post-employment duties whether the employee might be characterized as a fiduciary based on their role the limits of lawful competition and the enforceability of non-solicitation clauses what remedies may be available to either part OPTION 2: Canadian courts have repeatedly emphasized that “just cause” is the capital punishment of employment law. Most employers avoid relying on cause unless the evidence is overwhelming, choosing instead to terminate without cause and provide notice. Explain the legal and practical reasons for this reality. Your response should evaluate how modern doctrines governing dismissal including evidentiary burden, procedural fairness, contextual analysis, and the duty of good faith shape employer behaviour and influence the strategic choice to terminate without cause. In your response, you may consider: how courts assess the seriousness of misconduct what happens when an employer alleges cause but cannot prove it to the court’s satisfaction the policy reasons for maintaining a high threshold for cause OPTION 3: Athana Mentzelopoulos a past Executive Director from the Alberta Medical Association (AMA) was reportedly recruited and pressured by senior Alberta government officials, including a Deputy Minister of Health, to leave her AMA role and accept the CEO role at Alberta Health Services (AHS). She took over the CEO role at AHS in December 2023. She was verbally assured she would have a four-year term as CEO, although the written agreement contains no fixed-term clause. In January 2025, Mentzelopoulos was terminated abruptly. The media was all over the story! The dismissal occurred by Zoom meeting attended by the Deputy Minister of Health, an Assistant Deputy Minister, and the Minister’s Chief of Staff. No reasons were given. The without-cause severance clause was not invoked; no payment was provided. Importantly no AHS Board members were present at the meeting. The termination occurred two days before a scheduled meeting between Mentzelopoulos and the Alberta Auditor Generalabout legal and ethical concerns she and the Board of Directors held about certain procurement contracts. Following her dismissal, government officials publicly cited a “loss of confidence” and “alarming incompetence”. Her Employment Agreement included a without-cause termination clause with a specified payout which was not paid. Using employment-law principles that you have learned this term, assess the legal issues that arise. In your answer you may wish to consider: How courts evaluate just-cause allegations An employer’s burden of proof when terminating an employee for cause The contextual approach and the requirement for substantiated misconduct Whether the manner, setting, and timing of dismissal constitute bad-faith conduct Whether later public statements made by Government Officials could impact the case Whether recruitment pressure, inducement, and verbal assurances of a four-year contractual term may impact the case