Ask Homework Help/Study Tips Expert

Question One: Hussain, is a 66 year-old lab technician with 36 years' service. He works for Health First Ltd, located in Toronto, Ontario. Hussain was just dismissed without cause. Assuming Hussain does not have an employment contract, what would be the amount of reasonable damages he would be entitled to receive? Support your answer.

Question Two: Clayton began working for Sleep Eze, located in Newmarket, Ontario, in 1980 as a customer service manager. In 1995, Sleep Eze had Clayton and all other salespeople enter into a series of one-year agreements that stated that they could be terminated on 60 day's notice. Three years later, in 1998, the company insisted that Clayton incorporate, and from that point on, the agreements were between Sleep Eze and Clayton's incorporation. The agreements defined Clayton, and later his corporation as an "independent marketing consultant" and expressly stated that the relationship was not an employment relationship, but rather an independent contractor - principal relationship. Clayton paid for his own office space and remitted his own income taxes and workers' compensation premiums. At the same time, Sleep-Eze set prices, territory, and promotional methods and Clayton was limited to servicing Sleep-Eze exclusively. In 2003, Sleep-Eze terminated the agreement with 60 days' notice. Clayton sued for wrongful dismissal damages, alleging that he was an employee.

i. What arguments could Clayton make to support his position that he was an employee?
ii. What arguments could Sleep Eze make to support its position that Clayton was an independent contractor?
iii. Which side do you think would be successful? Your answer should be supported by relevant case law.

Question Three: Read the fact pattern below. You are the judge at the Ontario Court of Appeal. Determine whether the restrictive covenant is enforceable. Explain how you made your decision. Your decision should be supported by either a Supreme Court of Canada case or a Court of Appeal case (preferably in Ontario).

Bob Brown and Charles Corry (the "Employees") worked for XYZ Company Ltd. They sold commercial insurance to businesses. On October 18, 2007, the employees resigned and immediately began working in a similar capacity for ABC Company Ltd.

Both of the employees had written employment contracts with XYZ. The contracts contained a restrictive covenant stating the following:
In the event of termination of your employment with the Company, you undertake that you will not, for a period of 2 consecutive years following said termination, conduct business with any clients or customers of XYZ that were handled or serviced by you at the date of your termination.

The damages for any breach of this undertaking shall be a sum equal to 1 1/2 times the commission income received by you or your subsequent employer on account of business conducted on behalf of persons or businesses that were clients/customers of XYZ.
XYZ sued the employees for breach of the restrictive covenant. ABC was also named as a defendant.

On October 29, 2007, XYZ obtained an injunction preventing the employees and ABC from soliciting their customers. By that date, approximately 118 clients had moved their business from XYZ to ABC.

After a 13-day trial, the judge found the restrictive covenant in each of the employment contracts to be enforceable and ordered the employees to pay damages to XYZ of approximately 2 million dollars.

The employees have appealed to the Ontario Court of Appeal. They want the Court of Appeal to declare that the restrictive covenant is unenforceable.

Homework Help/Study Tips, Others

  • Category:- Homework Help/Study Tips
  • Reference No.:- M92436513
  • Price:- $10

Priced at Now at $10, Verified Solution

Have any Question?


Related Questions in Homework Help/Study Tips

Review the website airmail service from the smithsonian

Review the website Airmail Service from the Smithsonian National Postal Museum that is dedicated to the history of the U.S. Air Mail Service. Go to the Airmail in America link and explore the additional tabs along the le ...

Read the article frank whittle and the race for the jet

Read the article Frank Whittle and the Race for the Jet from "Historynet" describing the historical influences of Sir Frank Whittle and his early work contributions to jet engine technologies. Prepare a presentation high ...

Overviewnow that we have had an introduction to the context

Overview Now that we have had an introduction to the context of Jesus' life and an overview of the Biblical gospels, we are now ready to take a look at the earliest gospel written about Jesus - the Gospel of Mark. In thi ...

Fitness projectstudents will design and implement a six

Fitness Project Students will design and implement a six week long fitness program for a family member, friend or co-worker. The fitness program will be based on concepts discussed in class. Students will provide justifi ...

Read grand canyon collision - the greatest commercial air

Read Grand Canyon Collision - The greatest commercial air tragedy of its day! from doney, which details the circumstances surrounding one of the most prolific aircraft accidents of all time-the June 1956 mid-air collisio ...

Qestion anti-trustprior to completing the assignment

Question: Anti-Trust Prior to completing the assignment, review Chapter 4 of your course text. You are a manager with 5 years of experience and need to write a report for senior management on how your firm can avoid the ...

Question how has the patient and affordable care act of

Question: How has the Patient and Affordable Care Act of 2010 (the "Health Care Reform Act") reshaped financial arrangements between hospitals, physicians, and other providers with Medicare making a single payment for al ...

Plate tectonicsthe learning objectives for chapter 2 and

Plate Tectonics The Learning Objectives for Chapter 2 and this web quest is to learn about and become familiar with: Plate Boundary Types Plate Boundary Interactions Plate Tectonic Map of the World Past Plate Movement an ...

Question critical case for billing amp codingcomplete the

Question: Critical Case for Billing & Coding Complete the Critical Case for Billing & Coding simulation within the LearnScape platform. You will need to create a single Microsoft Word file and save it to your computer. A ...

Review the cba provided in the resources section between

Review the CBA provided in the resources section between the Trustees of Columbia University and Local 2110 International Union of Technical, Office, and Professional Workers. Describe how this is similar to a "contract" ...

  • 4,153,160 Questions Asked
  • 13,132 Experts
  • 2,558,936 Questions Answered

Ask Experts for help!!

Looking for Assignment Help?

Start excelling in your Courses, Get help with Assignment

Write us your full requirement for evaluation and you will receive response within 20 minutes turnaround time.

Ask Now Help with Problems, Get a Best Answer

Why might a bank avoid the use of interest rate swaps even

Why might a bank avoid the use of interest rate swaps, even when the institution is exposed to significant interest rate

Describe the difference between zero coupon bonds and

Describe the difference between zero coupon bonds and coupon bonds. Under what conditions will a coupon bond sell at a p

Compute the present value of an annuity of 880 per year

Compute the present value of an annuity of $ 880 per year for 16 years, given a discount rate of 6 percent per annum. As

Compute the present value of an 1150 payment made in ten

Compute the present value of an $1,150 payment made in ten years when the discount rate is 12 percent. (Do not round int

Compute the present value of an annuity of 699 per year

Compute the present value of an annuity of $ 699 per year for 19 years, given a discount rate of 6 percent per annum. As