General Knowledge
Who is the plaintiff?
Mr. Chambers
Constructive Dismissal
Fundamental breach by an employer of an employment contract that entitles an employee to consider themselves dismissed and to sue the employer for wrongful dismissal
How does a bilateral contract differ from a unilateral contract?
A bilateral contract involves two promises, requiring communicated acceptance, while a unilateral contract involves only one promise and is accepted by performing the required action.
Did Mr. Hil or Mr. Gillis originally put Mr. Chambers on notice?
Mr. Hill
Reasonable Notice
Period of time an employee should be given between notification of dismissal and end of employment
What is the post-box rule?
The post box rule states that acceptance of an offer is effective once it is posted, even if the offeror has not yet received it, as established in Adams v. Lindsell (1818).
True or False, Did Netricom have to put Mr. Chambers on probation?
False, nowhere in Mr. Chambers contract with Netricom did it say they had to put him on probation
What is pay in Lieu of Notice?
Payments as a substitute for receiving adequate notice where an employee is dismissed without just cause
What are the essentials of an enforceable contract?
an agreement between parties
Certain and lawful terms
An intention to create legal relations
Consideration from the promisee
Legal capacity of parties
Compliance with formalities if required.
Why was Mr. Chambers' claim that he did not have enough work false?
Because Netricom had hired Mr. Chambers additional help upon his request.
If work terms change, the constructively dismissed worker is bound to accept the changed terms as part of their duty to mitigate damages as long as what criteria is met?
(1) There is no loss of pay;
(2) The working conditions are “substantially” similar;
(3) The new position is not “demeaning” to him/her; and
(4) The personal relations between the employee and his/her superior
are not “acrimonious”.
What is the difference between an offer and an invitation to treat?
An offer is a definite proposal that can be accepted to form a contract, whereas an invitation to treat is merely an invitation for others to make an offer (e.g., advertisements, price lists, or store displays).