Certified Human Resource Professional (CHRP) Practice Exam

What legal framework would apply to a managerial employee filing a wrongful dismissal suit?

1. Common law

2. Statutory regulation

3. Collective bargaining

4. Contract law

The correct answer is: Common law

When a managerial employee files a wrongful dismissal suit, the legal framework that typically applies is common law. Common law refers to a body of unwritten laws based on legal precedents established by the courts and is primarily derived from judicial decisions rather than statutes or regulations. In the context of wrongful dismissal, common law principles guide the evaluation of whether an employee's termination was unjust or unlawful as it does not always involve a specific contract but recognizes the implied rights and expectations of employees. This framework often allows for the assertion of rights related to termination that go beyond mere statutory rights or contract provisions. For managerial employees, who may have more complex employment relationships and duties, common law provides a basis for evaluating the reasonableness and fairness of the dismissal, especially if there is no express contractual language indicating the conditions under which a dismissal may occur. In contrast, statutory regulations would pertain more to specific laws set out by legislation, such as employment standards acts that might protect against specific forms of termination, but they might not fully encompass the nuances of wrongful dismissal claims that common law addresses. Collective bargaining refers to negotiations between employers and unions, typically applicable to unionized contexts, while contract law deals with the specific terms of employment agreements and may not comprehensively cover situations where wrongful