Question 1

Discuss the role of strikes, lockouts, and picketing, and whether or not they have any place in our present society.

Accepted Answer

Students should first explain the differ

Question 2

A majority of the employees in a workplace must always vote in favour of union organization before certification will be granted.

Accepted Answer

A) True 
 B)False

Question 3

When there is constructive dismissal, the employee has an obligation to mitigate, possibly to the extent of accepting a new position offered by the employer.

Accepted Answer

A) True 
 B)False

Question 4

An employer is vicariously liable for the torts committed on the job by employees and independent contractors.

Accepted Answer

A) True 
 B)False

Question 5

Employers must be careful not to violate employees' right to privacy and the protection of their personal information. Outline what an employer should do if they want to monitor or install surveillance on company computers.

Accepted Answer

Here students should comment on business

Question 6

Under vicarious liability, the employer will not escape liability if the employee negligently hurts the plaintiff while "on a frolic of his own."

Accepted Answer

A) True 
 B)False

Question 7

"Lawful picketing allows employees to block others from entering their employer's place of business." Explain the accuracy of this statement.

Accepted Answer

Picketing only allows for the

Question 8

How can you distinguish between an employee and an independent contractor.

Accepted Answer

There are two tests for employment. One

Question 9

(Modify this question for your province.) To which legislation would a person turn when they have been discriminated against when seeking employment?

Accepted Answer

A)  Bill of Rights 
B)  Human Rights Code 
C)  Labour Relations Code 
D)  Charter of Rights and Freedoms 
E)  Employment Standards Act 
A)  Bill of Rights 
B)  Human Rights Code 
C)  Labour Relations Code 
D)  Charter of Rights and Freedoms 
E)  Employment Standards Act

Question 10

Which of the following is correct with respect to human rights in the field of employment?

Accepted Answer

A)  If provincial human rights legislation does not extend human rights protection to same-sex couples, the employer can be sure that discriminatory practices in that area will not be actionable. 
B)  If an employee becomes disabled, the employer has no further obligation to that employee and can fire him. 
C)  While an employer cannot discriminate against a prospective employee on the basis of colour, religion, or sex, they can refuse to hire a disabled person. 
D)  While an employer must ensure that managers do not discriminate or harass, they have no control over or obligations for the actions of other employees. 
E)  Employers have an obligation to accommodate, within reason, the religious beliefs of their employees by, for example, rescheduling shifts to allow for religious holidays. 
A)  If provincial human rights legislation does not extend human rights protection to same-sex couples, the employer can be sure that discriminatory practices in that area will not be actionable. 
B)  If an employee becomes disabled, the employer has no further obligation to that employee and can fire him. 
C)  While an employer cannot discriminate against a prospective employee on the basis of colour, religion, or sex, they can refuse to hire a disabled person. 
D)  While an employer must ensure that managers do not discriminate or harass, they have no control over or obligations for the actions of other employees. 
E)  Employers have an obligation to accommodate, within reason, the religious beliefs of their employees by, for example, rescheduling shifts to allow for religious holidays.

Question 11

If Craig sued Steve for wrongful dismissal and it was established that Craig was not given the proper notice that he was entitled to, what factors would the courts take into consideration in assessing the damages he's awarded?

Accepted Answer

He must mitigate his losses, and so the

Question 12

Union employees have a legal obligation to honour (that is, not cross) a properly constituted picket line during a lawful strike or lockout.

Accepted Answer

A) True 
 B)False

Question 13

The process by which a particular union achieves the status of bargaining agent for a group of employees is called

Accepted Answer

A)  binding arbitration. 
B)  certification. 
C)  conciliation. 
D)  job action. 
E)  arbitration. 
A)  binding arbitration. 
B)  certification. 
C)  conciliation. 
D)  job action. 
E)  arbitration.

Question 14

The only kind of disagreement between union and employer that can lead to a lawful strike is called

Accepted Answer

A)  an interest dispute. 
B)  a rights dispute. 
C)  certification. 
D)  a jurisdictional dispute. 
E)  a conciliation procedure. 
A)  an interest dispute. 
B)  a rights dispute. 
C)  certification. 
D)  a jurisdictional dispute. 
E)  a conciliation procedure.

Question 15

The employee's right to strike is limited to which of the following types of disputes?

Accepted Answer

A)  Jurisdictional dispute 
B)  Rights dispute 
C)  Interest dispute 
D)  Recognition dispute 
E)  Commercial disputes 
A)  Jurisdictional dispute 
B)  Rights dispute 
C)  Interest dispute 
D)  Recognition dispute 
E)  Commercial disputes

Question 16

If the place of employment is not unionized and there are no provisions in the employment contract concerning termination of employment, which of the following would not be within the rights of the employer and therefore actionable by the employee?

Accepted Answer

A)  An employee is dismissed for incompetence and is given neither notice nor pay in lieu of notice. 
B)  An employee is dismissed because he refused to do a job to which he had just been demoted and he is given reasonable pay in lieu of notice. 
C)  An employee is dismissed because his employer doesn't like his disposition and he is given reasonable pay in lieu of notice. 
D)  An employee is dismissed because he was found stealing goods from his employer and he is given neither notice nor pay in lieu of notice. 
E)  An employee is dismissed because there is no more work to do and he is given neither notice or pay in lieu of notice. 
A)  An employee is dismissed for incompetence and is given neither notice nor pay in lieu of notice. 
B)  An employee is dismissed because he refused to do a job to which he had just been demoted and he is given reasonable pay in lieu of notice. 
C)  An employee is dismissed because his employer doesn't like his disposition and he is given reasonable pay in lieu of notice. 
D)  An employee is dismissed because he was found stealing goods from his employer and he is given neither notice nor pay in lieu of notice. 
E)  An employee is dismissed because there is no more work to do and he is given neither notice or pay in lieu of notice.

Question 17

What is the significance of a union becoming certified?

Accepted Answer

Once a union obtains certifica

Question 18

Smith is an employee of ABC Company and wants to persuade the other employees to join a union and become certified, because the wages paid by ABC are less than those that would be paid in a union plant. ABC Company does not want a union. Which of the following is ABC permitted to do?

Accepted Answer

A)  ABC can fire Smith. 
B)  ABC can increase the wages paid to the employees, thus eliminating the major reason for having the union. 
C)  ABC can tell the employees that it cannot afford to pay union wages and, if forced to, will go out of business, as long as that statement is true and not threatening or intimidating. 
D)  ABC can form its own company organization for workers and have it certified. 
E)  ABC can transfer Smith to another plant. 
A)  ABC can fire Smith. 
B)  ABC can increase the wages paid to the employees, thus eliminating the major reason for having the union. 
C)  ABC can tell the employees that it cannot afford to pay union wages and, if forced to, will go out of business, as long as that statement is true and not threatening or intimidating. 
D)  ABC can form its own company organization for workers and have it certified. 
E)  ABC can transfer Smith to another plant.

Question 19

In Robichaud v. Canada (Treasury Board), the Supreme Court of Canada had to determine whether the employer was responsible for the sexual harassment committed by another employee. What did the Court find?

Accepted Answer

A)  Such behaviour is regrettable, but not actionable under the Canadian Human Rights Act. 
B)  Such behaviour constitutes discrimination on the basis of gender but, unless the employer actively encouraged this conduct, the employer cannot be liable. 
C)  Such behaviour constitutes discrimination on the basis of gender and, under the Canadian Human Rights Act, the employer was liable for such acts. 
D)  Such behaviour is juvenile, but the employee is contributorily liable, as she must have encouraged the attention in some way. 
E)  Such behaviour does not constitute discrimination, so the employee's only recourse is a tort law action. 
A)  Such behaviour is regrettable, but not actionable under the Canadian Human Rights Act. 
B)  Such behaviour constitutes discrimination on the basis of gender but, unless the employer actively encouraged this conduct, the employer cannot be liable. 
C)  Such behaviour constitutes discrimination on the basis of gender and, under the Canadian Human Rights Act, the employer was liable for such acts. 
D)  Such behaviour is juvenile, but the employee is contributorily liable, as she must have encouraged the attention in some way. 
E)  Such behaviour does not constitute discrimination, so the employee's only recourse is a tort law action.

Question 20

Which one of the following statements about the compensation insurance scheme under the Workers' Compensation Act is false?

Accepted Answer

A)  Businesses covered by the Act are required to contribute to a no-fault fund that is used to pay for job-related accidents and diseases. 
B)  If the injury is caused by the worker's own careless conduct, he will still receive compensation under the Act. 
C)  When a worker is injured on the job through the fault of someone other than his employer, he cannot claim under the Workers' Compensation Act provisions. 
D)  Legislation sets rates of compensation to be paid for different types of injuries. 
E)  Employers pay different premiums depending on the nature and danger of the industry. 
A)  Businesses covered by the Act are required to contribute to a no-fault fund that is used to pay for job-related accidents and diseases. 
B)  If the injury is caused by the worker's own careless conduct, he will still receive compensation under the Act. 
C)  When a worker is injured on the job through the fault of someone other than his employer, he cannot claim under the Workers' Compensation Act provisions. 
D)  Legislation sets rates of compensation to be paid for different types of injuries. 
E)  Employers pay different premiums depending on the nature and danger of the industry.

Discuss the role of strikes, lockouts, and picketing, and whether or not they have any place in our present society.

A majority of the employees in a workplace must always vote in favour of union organization before certification will be granted.

When there is constructive dismissal, the employee has an obligation to mitigate, possibly to the extent of accepting a new position offered by the employer.

An employer is vicariously liable for the torts committed on the job by employees and independent contractors.

Employers must be careful not to violate employees' right to privacy and the protection of their personal information. Outline what an employer should do if they want to monitor or install surveillance on company computers.

Under vicarious liability, the employer will not escape liability if the employee negligently hurts the plaintiff while "on a frolic of his own."

"Lawful picketing allows employees to block others from entering their employer's place of business." Explain the accuracy of this statement.

How can you distinguish between an employee and an independent contractor.

(Modify this question for your province.) To which legislation would a person turn when they have been discriminated against when seeking employment?

Which of the following is correct with respect to human rights in the field of employment?

If Craig sued Steve for wrongful dismissal and it was established that Craig was not given the proper notice that he was entitled to, what factors would the courts take into consideration in assessing the damages he's awarded?

Union employees have a legal obligation to honour (that is, not cross) a properly constituted picket line during a lawful strike or lockout.

The process by which a particular union achieves the status of bargaining agent for a group of employees is called

The only kind of disagreement between union and employer that can lead to a lawful strike is called

The employee's right to strike is limited to which of the following types of disputes?

If the place of employment is not unionized and there are no provisions in the employment contract concerning termination of employment, which of the following would not be within the rights of the employer and therefore actionable by the employee?

What is the significance of a union becoming certified?

Smith is an employee of ABC Company and wants to persuade the other employees to join a union and become certified, because the wages paid by ABC are less than those that would be paid in a union plant. ABC Company does not want a union. Which of the following is ABC permitted to do?

In Robichaud v. Canada (Treasury Board), the Supreme Court of Canada had to determine whether the employer was responsible for the sexual harassment committed by another employee. What did the Court find?

Which one of the following statements about the compensation insurance scheme under the Workers' Compensation Act is false?

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputes: the Courts and Alternatives to Litigation

Intentional Torts and Torts Impacting Business

Negligence, Professional Liability, and Insurance

The Elements of a Contract: Consensus and Consideration

The Elements of a Contract: Capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Agency and Partnership

Corporations

Intellectual Property

Real and Personal Property and Protection of the Environment

Priority of Creditors

Sales and Consumer Protection

Filters

Exam 12: Employment

Discuss the role of strikes, lockouts, and picketing, and whether or not they have any place in our present society.

A majority of the employees in a workplace must always vote in favour of union organization before certification will be granted.

When there is constructive dismissal, the employee has an obligation to mitigate, possibly to the extent of accepting a new position offered by the employer.

An employer is vicariously liable for the torts committed on the job by employees and independent contractors.

Employers must be careful not to violate employees' right to privacy and the protection of their personal information. Outline what an employer should do if they want to monitor or install surveillance on company computers.

Under vicarious liability, the employer will not escape liability if the employee negligently hurts the plaintiff while "on a frolic of his own."

"Lawful picketing allows employees to block others from entering their employer's place of business." Explain the accuracy of this statement.

How can you distinguish between an employee and an independent contractor.

(Modify this question for your province.) To which legislation would a person turn when they have been discriminated against when seeking employment?

Which of the following is correct with respect to human rights in the field of employment?

If Craig sued Steve for wrongful dismissal and it was established that Craig was not given the proper notice that he was entitled to, what factors would the courts take into consideration in assessing the damages he's awarded?

Union employees have a legal obligation to honour (that is, not cross) a properly constituted picket line during a lawful strike or lockout.

The process by which a particular union achieves the status of bargaining agent for a group of employees is called

The only kind of disagreement between union and employer that can lead to a lawful strike is called

The employee's right to strike is limited to which of the following types of disputes?

If the place of employment is not unionized and there are no provisions in the employment contract concerning termination of employment, which of the following would not be within the rights of the employer and therefore actionable by the employee?

What is the significance of a union becoming certified?

Smith is an employee of ABC Company and wants to persuade the other employees to join a union and become certified, because the wages paid by ABC are less than those that would be paid in a union plant. ABC Company does not want a union. Which of the following is ABC permitted to do?

In Robichaud v. Canada (Treasury Board), the Supreme Court of Canada had to determine whether the employer was responsible for the sexual harassment committed by another employee. What did the Court find?

Which one of the following statements about the compensation insurance scheme under the Workers' Compensation Act is false?

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputes: the Courts and Alternatives to Litigation

Intentional Torts and Torts Impacting Business

Negligence, Professional Liability, and Insurance

The Elements of a Contract: Consensus and Consideration

The Elements of a Contract: Capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Agency and Partnership

Corporations

Intellectual Property

Real and Personal Property and Protection of the Environment

Priority of Creditors

Sales and Consumer Protection

Filters