LONG ANSWER QUESTION (20 mаrks) Answer ONE (1) оf the fоllоwing THREE questions. Mаrks аre awarded primarily for identification of legal issues, prioritization, and application of legal rules principles and logical and defensible conclusions. Strong answers will: identify the most significant legal risks; explain how those risks affect the likely outcome; and support conclusions with clear legal reasoning. Where appropriate, identify areas of uncertainty and explain their impact. Use statutes, cases and examples from the course materials to support your position. Answers that simply describe the facts or define legal concepts without applying them will receive limited marks. OPTION 1 — Confidential Information and Technology Use A senior employee in a compliance-focused role has access to sensitive organizational and client information. The employee’s contract includes confidentiality and data security obligations, as well as a non-solicitation clause. There is no non-competition clause. An internal review reveals that the employee uploaded work-related information into an external AI tool to assist with drafting documents. Some of this information was automatically stored in a personal cloud account. This conduct is inconsistent with company policy. The employee had previously received general guidance regarding data security but had not been formally disciplined. There is no evidence that the employee shared confidential information externally or intended to misuse it. However, the employer is concerned about potential exposure and loss of control over sensitive information. The employer terminates the employee without cause and provides contractual notice. Following the termination, the employer communicates internally that the dismissal was due to “serious concerns about judgment and data handling.” Similar concerns are later referenced in discussions with a prospective employer. The employee subsequently joins a competitor. The employer believes the employee may rely on knowledge gained during their prior role and raises concerns about potential misuse of confidential information. The employee denies any wrongdoing and alleges that the manner of dismissal was unfair and has harmed their professional reputation. Question: You are advising the employer following these events. Assess the employer’s legal position. In your answer: identify the key legal issues explain what additional information would be most important assess the employer’s potential liability, including any risks arising from the manner of dismissal identify the employee’s strongest counter-arguments reach a reasoned conclusion based on the facts provided OPTION 2 — Frustration of Employment An employee in a physically demanding production role suffers a serious workplace injury and is unable to perform the essential duties of their position. The employer provides modified duties for approximately 8–10 months. Medical updates indicate ongoing restrictions, with no confirmed timeline for a full return to regular duties, although some improvement has been noted. The employee may be able to continue modified duties on a long-term basis but is unlikely to return to their original role. The employer continues to provide modified duties but indicates increasing operational difficulty in maintaining the arrangement. The employee has not been formally advised that their position is at risk, and no independent medical assessment has been obtained. The employer concludes, based on the available information, that the employee will not be able to perform the essential duties of the position in the foreseeable future and terminates the employment relationship. Upon termination, the employee receives only a minimal final payment consisting of accrued statutory entitlements, with no notice or severance provided. The employee alleges wrongful dismissal and argues that the employer acted prematurely. Question: You are advising the employer following this termination. Assess whether the employer can rely on frustration of contract to justify the termination. In your answer: identify the key legal issues explain what additional information would be most important assess the risks if frustration is not established reach a reasoned conclusion based on the facts provided OPTION 3 — Accommodation and Termination An employee working in a physically demanding role suffers a workplace injury and is placed on modified duties. Medical information indicates ongoing limitations but suggests that the employee may be able to return to full duties over time, although no definitive timeline is provided. The employer is a large multinational organization with multiple worksites and a dedicated HR and disability management team. The employee requests a gradual return to full duties. The employer declines, stating that modified duties will continue indefinitely due to safety concerns and operational efficiency. The employer does not explore alternative roles outside the employee’s immediate department and does not obtain updated or independent medical information before making this decision. The employer continues the modified arrangement for several months but indicates increasing operational difficulty. The employee remains capable of performing productive work within their restrictions. The employer ultimately terminates the employee, stating that the role is no longer viable. The employee receives only a minimal final payment consisting of accrued statutory entitlements, with no notice or severance provided. The employee alleges that the employer failed to properly accommodate their disability and that the termination was not legally justified. Question: You are advising the employer following this termination. Assess the employer’s legal exposure. In your answer: identify the key legal issues, including the scope of the duty to accommodate explain what additional information would be most important to assess whether undue hardship has been established assess the risks arising from the employer’s approach to accommodation and termination identify the employee’s strongest claim reach a reasoned conclusion based on the facts provided