Lenny Jones applied for employment with the Data Centre Corp Upon completion of the interview process he was given a written contract of employment, but was not told that the Company had a manual which set out other terms and conditions regarding the

Question

employment of all employees. One year later, Lenny was terminated for returning from vacation and reporting back to work one day late. As justification for his termination, the managing director referred him to the manual that provided that unauthorized absences from work was cause for immediate dismissal. Which of the following statements best describes the legal position?

A) Lenny's employment was properly terminated in accordance with the employment manual as its contents are implied terms of the contract
B) Lenny's employment was not properly terminated as it was not reasonable for the employer to terminate him for returning to work only one day late.
C) As Lenny was not made aware of the employment manual at the time he was hired, its contents are not a part of the employment contract.
D) Lenny's employment was properly terminated in accordance with the employment manual as he should have been aware of the contents of the employment manual and act in accordance with what it stated.
E) Lenny's employment was properly terminated as the employer can set whatever standards it wishes its employees to abide by.

Answer 1

C