Question 1

In Ontario,labour unions have the status to commence and defend an action at law.

Accepted Answer

A) True 
 B)False  False

Question 2

If an employee commits a serious act of misconduct,such as theft,an employer can terminate the employment relationship immediately without notice.When the misconduct is unacceptable but does not allow the employer to terminate the employment on the basis of a single incident,the employer must

Accepted Answer

A) wait for the offending conduct to occur again. 
B) reduce the employee's pay. 
C) tell the employee to keep up the good work. 
D) warn the employee that the offending conduct is unacceptable and that further occurrences will result in termination. 
E) condone the offending conduct. 
A) wait for the offending conduct to occur again. 
B) reduce the employee's pay. 
C) tell the employee to keep up the good work. 
D) warn the employee that the offending conduct is unacceptable and that further occurrences will result in termination. 
E) condone the offending conduct. D

Question 3

A bargaining agent is

Accepted Answer

A) an employee who acts as a mediator between the employees and the employer. 
B) an independent person retained by the employees to enter into negotiations with the employer. 
C) an employee who is nominated by the employees to negotiate with the employer. 
D) a person or persons appointed by the employees and employer to mediate a dispute between the employees and employer. 
E) a union that has been certified by the labour relations board and has the exclusive right to bargain with the employer on behalf of the bargaining unit. 
A) an employee who acts as a mediator between the employees and the employer. 
B) an independent person retained by the employees to enter into negotiations with the employer. 
C) an employee who is nominated by the employees to negotiate with the employer. 
D) a person or persons appointed by the employees and employer to mediate a dispute between the employees and employer. 
E) a union that has been certified by the labour relations board and has the exclusive right to bargain with the employer on behalf of the bargaining unit. E

Question 4

When an employer has hired an employee for a specified period and the time has elapsed,

Accepted Answer

A) the employee is required to provide the employer with two months' notice. 
B) the employee is required to provide the employer with reasonable notice. 
C) no notice is required before the termination of the employee's employment. 
D) the employer is required to provide the employee with two months' notice. 
E) the employee is required to apply to a court to terminate the agreement. 
A) the employee is required to provide the employer with two months' notice. 
B) the employee is required to provide the employer with reasonable notice. 
C) no notice is required before the termination of the employee's employment. 
D) the employer is required to provide the employee with two months' notice. 
E) the employee is required to apply to a court to terminate the agreement.

Question 5

Martin is employed by a delivery company and uses one of the company's trucks to make his deliveries.One day after work,Martin borrows the truck,and while he is driving home,he loses control of the truck and collides with Alice's car,causing damage to the car and injuries to Alice.In this case,Alice will

Accepted Answer

A) sue both Martin as the principal tortfeasor and the delivery company,which is vicariously liable. 
B) sue both Martin as the principal and the delivery company under the principle of vicarious performance. 
C) sue Martin only because he alone is the tortfeasor. 
D) sue the delivery company only because it is Martin's employer. 
E) not be able to sue either the delivery company or Martin because the accident was Alice's fault. 
A) sue both Martin as the principal tortfeasor and the delivery company,which is vicariously liable. 
B) sue both Martin as the principal and the delivery company under the principle of vicarious performance. 
C) sue Martin only because he alone is the tortfeasor. 
D) sue the delivery company only because it is Martin's employer. 
E) not be able to sue either the delivery company or Martin because the accident was Alice's fault.

Question 6

John Jones is in the roofing business and enters into a contact with George Hopkins to put a new roof on George's house.John,who is extremely busy,decides to contract out the work to Albert.When Albert arrives,George refuses to let him do the work.In this case,under the contract,

Accepted Answer

A) George can refuse to let Albert do the work. 
B) Albert is merely John's agent. 
C) either John or Albert can do the work. 
D) George must permit Albert to do the work. 
E) Albert is merely John's employee. 
A) George can refuse to let Albert do the work. 
B) Albert is merely John's agent. 
C) either John or Albert can do the work. 
D) George must permit Albert to do the work. 
E) Albert is merely John's employee.

Question 7

James employs several workers in his window washing company.One of these persons is Robert.James does not trust Robert.He believes Robert is disobedient and incompetent.He says Robert is trouble waiting to happen.James dismisses Robert because of this concern.He does not have any concrete evidence regarding his fears.A few days after his dismissal,Robert commences an action for wrongful dismissal.Just before James files his defence to the claim,he receives new information,which supports and confirm his fears about Robert.On the basis of this new information,he knows that his termination was not wrongful.James cannot use this new information to justify conduct that was carried out prior to the finding of the new information.

Accepted Answer

A) True 
 B)False

Question 8

An employer can dismiss an employee who has done nothing wrong.

Accepted Answer

A) True 
 B)False

Question 9

Collective bargaining is

Accepted Answer

A) establishing conditions of employment by negotiation between an employer and the bargaining agent for its employees. 
B) bargaining between employees. 
C) bargaining between employers. 
D) bargaining between employers and employees. 
E) bargaining between certain employees and the employer. 
A) establishing conditions of employment by negotiation between an employer and the bargaining agent for its employees. 
B) bargaining between employees. 
C) bargaining between employers. 
D) bargaining between employers and employees. 
E) bargaining between certain employees and the employer.

Question 10

A closed shop agreement is

Accepted Answer

A) an agreement between two employees. 
B) a collective agreement that requires all employees to be members of the union. 
C) an agreement between employees and employers regarding the nature of working conditions. 
D) an agreement between various departments or groups of employees. 
E) an agreement respecting the time when shops may be open and closed. 
A) an agreement between two employees. 
B) a collective agreement that requires all employees to be members of the union. 
C) an agreement between employees and employers regarding the nature of working conditions. 
D) an agreement between various departments or groups of employees. 
E) an agreement respecting the time when shops may be open and closed.

Question 11

How does an independent contractor differ from an employee?

Accepted Answer

The relationship of employer and employe

Question 12

Pay equity legislation is intended to

Accepted Answer

A) eliminate gender discrimination in remuneration. 
B) ensure that persons under a disability are accommodated in the workplace. 
C) ensure that employers provide equal working conditions for all employees. 
D) ensure that employers establish reasonable hours of work. 
E) ensure that general working conditions are safe. 
A) eliminate gender discrimination in remuneration. 
B) ensure that persons under a disability are accommodated in the workplace. 
C) ensure that employers provide equal working conditions for all employees. 
D) ensure that employers establish reasonable hours of work. 
E) ensure that general working conditions are safe.

Question 13

Which of the following is NOT relevant in determining how much notice is reasonable in case of wrongful dismissal?

Accepted Answer

A) the age of the employee 
B) the economic situation of the employer 
C) the length of service of the employee 
D) the employee's special expertise and training 
E) the possibilities the employee has for re-employment 
A) the age of the employee 
B) the economic situation of the employer 
C) the length of service of the employee 
D) the employee's special expertise and training 
E) the possibilities the employee has for re-employment

Question 14

Which of the following is NOT true?

Accepted Answer

A) The relationship of employer and employee is one of contract in which one party,the employer,enters into a contract with an independent party,the employee,to do a specified task. 
B) The relationship of employer and employee is one of contract. 
C) An employer is not liable for the torts committed by a person to whom an employee has delegated work without the consent of the employer. 
D) The distinction between an agent and employee is one of function only. 
E) An employer is not vicariously liable for all torts committed by his or her employees. 
A) The relationship of employer and employee is one of contract in which one party,the employer,enters into a contract with an independent party,the employee,to do a specified task. 
B) The relationship of employer and employee is one of contract. 
C) An employer is not liable for the torts committed by a person to whom an employee has delegated work without the consent of the employer. 
D) The distinction between an agent and employee is one of function only. 
E) An employer is not vicariously liable for all torts committed by his or her employees.

Question 15

The usual minimum reasonable notice for a monthly hiring is

Accepted Answer

A) one month's notice. 
B) no notice. 
C) two weeks' notice. 
D) one week's notice. 
E) one day's notice. 
A) one month's notice. 
B) no notice. 
C) two weeks' notice. 
D) one week's notice. 
E) one day's notice.

Question 16

Jack Machinery Limited is a clothing company.Jake is an employee of the company.Part of Jake's work includes attending at the home of purchasers to repair machines purchased directly from Jack Machinery and still under warranty.Jake is due to attend at the home of Mary to repair a machine purchased by Mary.He cannot make it,and so he asks a friend,Mike,to attend for him.Mike is not an employee of Jack Machinery Limited.While at the home of Mary,Mike gets into an argument with Mary and during the course of the argument slaps Mary.Mary can now sue Jack Machinery Limited for assault and battery.

Accepted Answer

A) True 
 B)False

Question 17

An employee's liability does not fall within the scope of employment if

Accepted Answer

A) the employee's actions are not related to performance of his or her duties. 
B) the employee carries out his or her duties in an unauthorized manner. 
C) the employee is not at the employer's premises. 
D) the employer is not present. 
E) the employee acts in a manner contrary to the employer's instructions. 
A) the employee's actions are not related to performance of his or her duties. 
B) the employee carries out his or her duties in an unauthorized manner. 
C) the employee is not at the employer's premises. 
D) the employer is not present. 
E) the employee acts in a manner contrary to the employer's instructions.

Question 18

Jack Machinery Limited is a clothing company.Jake is an employee of the company.Part of the work of Jake includes attending at the home of purchasers to repair machines purchased directly from Jack Machinery and still under warranty.Jake is due to attend at the home of Mary to repair a machine purchased by Mary.He cannot make it,and so he asks a friend,Mike,to attend for him.Mike is not an employee of Jack Machinery Limited.While at the home of Mary,Mike gets into an argument with Mary and during the course of the argument slaps Mary.Can Mary sue Jack Machinery Limited for assault and battery? Explain your answer.

Accepted Answer

An employer is vicariously liable for to

Question 19

What is reasonable notice? Why must employers in non-union settings provide reasonable notice to terminated employees when the employer does not have just cause to terminate?

Accepted Answer

Every contract of employment at common l

Question 20

Explain the types of disputes that can affect trade unions.

Accepted Answer

There are four kinds of disputes that ca

Exam 18: The Contract of Employment

In Ontario,labour unions have the status to commence and defend an action at law.

If an employee commits a serious act of misconduct,such as theft,an employer can terminate the employment relationship immediately without notice.When the misconduct is unacceptable but does not allow the employer to terminate the employment on the basis of a single incident,the employer must

A bargaining agent is

When an employer has hired an employee for a specified period and the time has elapsed,

John Jones is in the roofing business and enters into a contact with George Hopkins to put a new roof on George's house.John,who is extremely busy,decides to contract out the work to Albert.When Albert arrives,George refuses to let him do the work.In this case,under the contract,

An employer can dismiss an employee who has done nothing wrong.

Collective bargaining is

A closed shop agreement is

How does an independent contractor differ from an employee?

Pay equity legislation is intended to

Which of the following is NOT relevant in determining how much notice is reasonable in case of wrongful dismissal?

Which of the following is NOT true?

The usual minimum reasonable notice for a monthly hiring is

An employee's liability does not fall within the scope of employment if

What is reasonable notice? Why must employers in non-union settings provide reasonable notice to terminated employees when the employer does not have just cause to terminate?

Explain the types of disputes that can affect trade unions.

Law, society, and Business

The Machinery of Justice

Government Regulation of Business

The Law of Torts

Professional Liability: the Legal Challenges

Formation of a Contract: Offer and Acceptance

Formation of a Contract: Consideration and Intention

Formation of a Contract: Capacity to Contract and Legality of Object

Grounds Upon Which a Contract May Be Set Aside: Mistake and Misrepresentation

Writing and Interpretation

Privity of Contract and the Assignment of Contractual Rights

The Discharge of Contracts

Breach of Contract and Its Remedies

Sale of Goods and Consumer Contracts

Bailment and Leasing

Insurance and Guarantee

Agency and Franchising

Negotiable Instruments

Intellectual Property

Interests in Land and Their Transfer

Landlord and Tenant

Mortgages of Land and Real Estate Transactions

Sole Proprietorships and Partnerships

The Nature of a Corporation and Its Formation

Corporate Governance: the Internal Affairs of Corporations

Corporate Governance: External Responsibilities

Secured Transactions

Creditors Rights

International Business Transactions

Electronic Commerce

Privacy

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