Question 1

In which of the following situations would it be legal for the employees to strike?

Accepted Answer

A)  The A.F.I.O. was approached by a group of employees working for Ace Manufacturing Ltd. to see if they would organize the work force and unionize it. When the employer discovered this, he fired that group of workers and the rest went out on strike. 
B)  The A.F.I.O., the properly certified bargaining agent for the employees of Ace Manufacturing Ltd., demanded an unreasonably high wage settlement from the employer, which would bankrupt the firm if accepted. The employer refused to agree to this and the employees went out on strike. 
C)  A collective agreement was in place between Ace Manufacturing and its employees, and that contract was blatantly breached by the employer, resulting in the employees going out on strike. 
D)  Ace Manufacturing made armaments and some were sold to South Africa. When the employees found this out, they went out on strike, demanding that the practice stop. 
E)  The employer introduced some new policies into the plant that, while they did not violate the terms of the collective agreement in place, were very much resented by the workforce. The employees then participated in a deliberate process of sabotage and slowdown to show their displeasure. 
A)  The A.F.I.O. was approached by a group of employees working for Ace Manufacturing Ltd. to see if they would organize the work force and unionize it. When the employer discovered this, he fired that group of workers and the rest went out on strike. 
B)  The A.F.I.O., the properly certified bargaining agent for the employees of Ace Manufacturing Ltd., demanded an unreasonably high wage settlement from the employer, which would bankrupt the firm if accepted. The employer refused to agree to this and the employees went out on strike. 
C)  A collective agreement was in place between Ace Manufacturing and its employees, and that contract was blatantly breached by the employer, resulting in the employees going out on strike. 
D)  Ace Manufacturing made armaments and some were sold to South Africa. When the employees found this out, they went out on strike, demanding that the practice stop. 
E)  The employer introduced some new policies into the plant that, while they did not violate the terms of the collective agreement in place, were very much resented by the workforce. The employees then participated in a deliberate process of sabotage and slowdown to show their displeasure.

Question 2

Discuss why it is significant to find that an employment relationship exists and how such a relationship is determined.

Accepted Answer

Aside from the obvious points that taxes

Question 3

Which of the following is correct with respect to the law of collective bargaining?

Accepted Answer

A)  All employees have the right to individually choose whether they will become members of a union when they are hired. 
B)  A union shop requires that employees become members of the union when they are hired. 
C)  The public has a legal obligation to honour a properly constituted picket line during a lawful strike or lockout. 
D)  Under the Charter of Rights and Freedoms, all employees have the right to belong to trade unions and to strike. 
E)  Employees can strike only where the employer has clearly breached the terms of the collective agreement. 
A)  All employees have the right to individually choose whether they will become members of a union when they are hired. 
B)  A union shop requires that employees become members of the union when they are hired. 
C)  The public has a legal obligation to honour a properly constituted picket line during a lawful strike or lockout. 
D)  Under the Charter of Rights and Freedoms, all employees have the right to belong to trade unions and to strike. 
E)  Employees can strike only where the employer has clearly breached the terms of the collective agreement.

Question 4

Eastside Nurseries Ltd., which had long been a family business, was faced with a demand by its workers that it recognize their new organization, a union, for the purposes of collective bargaining. The union was certified by the appropriate governmental board as the bargaining agent for this bargaining unit, but the parties could not reach an agreement as to what should be included in the new collective agreement. Eventually Eastside Nurseries locked out the employees. This sort of dispute is called

Accepted Answer

A)  a jurisdictional dispute. 
B)  a recognition dispute. 
C)  an arbitration dispute. 
D)  an interest dispute. 
E)  a rights dispute. 
A)  a jurisdictional dispute. 
B)  a recognition dispute. 
C)  an arbitration dispute. 
D)  an interest dispute. 
E)  a rights dispute.

Question 5

When an employee leaves the job because of constructive dismissal, his only recourse is to complain to the appropriate human rights tribunal.

Accepted Answer

A) True 
 B)False

Question 6

The Wagner Act outlawed the practice of collective bargaining and prohibited trade unions from going on strike.

Accepted Answer

A) True 
 B)False

Question 7

Which of the following is correct with respect to restrictive covenants included in employment contracts?

Accepted Answer

A)  Such restrictive covenants are always void and have no place in employment contracts. 
B)  Such restrictive covenants are enforceable in court if reasonable and not against the public interest. 
C)  A void restrictive covenant destroys the whole contractual relationship and neither party has any obligations under the agreement. 
D)  For such a clause to be valid, it is only necessary to show that it was needed to protect the employer's interest. 
E)  The imposition of such a restriction is at the option of the employer and the employee has no say in the matter. 
A)  Such restrictive covenants are always void and have no place in employment contracts. 
B)  Such restrictive covenants are enforceable in court if reasonable and not against the public interest. 
C)  A void restrictive covenant destroys the whole contractual relationship and neither party has any obligations under the agreement. 
D)  For such a clause to be valid, it is only necessary to show that it was needed to protect the employer's interest. 
E)  The imposition of such a restriction is at the option of the employer and the employee has no say in the matter.

Question 8

Which of the following would end the employment relationship by breach, thereby possibly giving rise to a claim for damages for wrongful dismissal?

Accepted Answer

A)  The employee is told he will no longer be needed at the end of the period of employment specified in the contract (e.g., one year). 
B)  The employee is told he will no longer be needed at the completion of the specific job he was hired to do (e.g. paint a bridge). 
C)  The employee is asked to leave because he consistently comes to work late as a result of frequent morning traffic jams. 
D)  The employee is asked to leave immediately because a downturn in the economy has resulted in no work for him to do. 
E)  The employee is asked to leave after he refuses to do a reasonable but unpleasant task that is part of his employment, when another more junior employee could have been asked to do it. 
A)  The employee is told he will no longer be needed at the end of the period of employment specified in the contract (e.g., one year). 
B)  The employee is told he will no longer be needed at the completion of the specific job he was hired to do (e.g. paint a bridge). 
C)  The employee is asked to leave because he consistently comes to work late as a result of frequent morning traffic jams. 
D)  The employee is asked to leave immediately because a downturn in the economy has resulted in no work for him to do. 
E)  The employee is asked to leave after he refuses to do a reasonable but unpleasant task that is part of his employment, when another more junior employee could have been asked to do it.

Question 9

Unionized employees can be dismissed without notice if there is no work to do.

Accepted Answer

A) True 
 B)False

Question 10

Why should employers avoid the temptation to make an employee so uncomfortable he will quit?

Accepted Answer

The employer could f

Question 11

Trade unions' activities are controlled by the courts.

Accepted Answer

A) True 
 B)False

Question 12

Discuss fully the issues for employers regarding what constitutes reasonable notice for the termination of their employees.

Accepted Answer

The courts impose notice periods on the

Question 13

Which of the following statements is correct with respect to the process by which a union organizes the workforce of an employer?

Accepted Answer

A)  An employer can refuse to recognize a trade union or have any dealings with it. 
B)  A union can call the employees it has organized out on strike to force the employer to recognize and deal with that trade union. 
C)  In most provinces, a trade union must receive government certification through an employee voting process before it has the right to represent the employees in dealings with the employer. 
D)  The employer can refuse to have anything to do with the union even after the union has successfully completed the certification process. 
E)  Once the union has been certified, the employer must consent to what the union demands in the new contract. 
A)  An employer can refuse to recognize a trade union or have any dealings with it. 
B)  A union can call the employees it has organized out on strike to force the employer to recognize and deal with that trade union. 
C)  In most provinces, a trade union must receive government certification through an employee voting process before it has the right to represent the employees in dealings with the employer. 
D)  The employer can refuse to have anything to do with the union even after the union has successfully completed the certification process. 
E)  Once the union has been certified, the employer must consent to what the union demands in the new contract.

Question 14

How is certification obtained?

Accepted Answer

The union representatives attempt to get

Question 15

Which of the following statements is correct with respect to workers' compensation?

Accepted Answer

A)  Workers' compensation is a voluntary system in place whereby employers, should they so desire, participate in an insurance program covering accidents that take place on the job. 
B)  Workers' compensation in each province is a compulsory program whereby certain employers participate in an insurance program covering accidents and disease arising from the job. 
C)  If an employee is hurt on the job and it is his own fault, he will not be covered by workers' compensation. 
D)  The workers' compensation system is totally financed through government grants. 
E)  When an employee is injured on the job, the workers' compensation system gives that employee the choice of claiming workers' compensation or suing the employer or fellow employee who caused the injury. 
A)  Workers' compensation is a voluntary system in place whereby employers, should they so desire, participate in an insurance program covering accidents that take place on the job. 
B)  Workers' compensation in each province is a compulsory program whereby certain employers participate in an insurance program covering accidents and disease arising from the job. 
C)  If an employee is hurt on the job and it is his own fault, he will not be covered by workers' compensation. 
D)  The workers' compensation system is totally financed through government grants. 
E)  When an employee is injured on the job, the workers' compensation system gives that employee the choice of claiming workers' compensation or suing the employer or fellow employee who caused the injury.

Question 16

"Once a picket line is properly set up, no one can cross it." Explain the accuracy of this statement.

Accepted Answer

There is no legal ob

Question 17

What constitutes "just cause"?

Accepted Answer

Chronic absenteeism, consisten

Question 18

Any contractual term of employment that does not comply with the minimum standards set out in the Employment Standards Act is a nullity.

Accepted Answer

A) True 
 B)False

Question 19

For the past seven years, Hudson has worked as vice-president in charge of personnel (a non-union position) for Mountain Enterprises Ltd. As part of a corporate reorganization, the directors of the company decided to downgrade Hudson's position to manager of personnel. Hudson is very upset at this change and consequently refuses to go along with it. Because of his refusal, the company dismisses him immediately without any notice or pay in lieu thereof. If Hudson sues for wrongful dismissal, which one of the following statements indicates the most likely outcome of the case?

Accepted Answer

A)  The company will win because non-union employees are always subject to dismissal without notice, because there is no collective agreement. 
B)  The company will win because Hudson's refusal constituted cause. 
C)  The company will win because they dismissed him, rather than saying he was "fired." 
D)  Hudson will win because the company breached the employment contract and he does not have to accept that breach. 
E)  Hudson will win because an employer owes its employees a job, unless the employee is convicted of a theft. 
A)  The company will win because non-union employees are always subject to dismissal without notice, because there is no collective agreement. 
B)  The company will win because Hudson's refusal constituted cause. 
C)  The company will win because they dismissed him, rather than saying he was "fired." 
D)  Hudson will win because the company breached the employment contract and he does not have to accept that breach. 
E)  Hudson will win because an employer owes its employees a job, unless the employee is convicted of a theft.

Question 20

Give examples of three areas that are controlled by the employment standards legislation.

Accepted Answer

Hours of work, notice upon ter

In which of the following situations would it be legal for the employees to strike?

Discuss why it is significant to find that an employment relationship exists and how such a relationship is determined.

Which of the following is correct with respect to the law of collective bargaining?

When an employee leaves the job because of constructive dismissal, his only recourse is to complain to the appropriate human rights tribunal.

The Wagner Act outlawed the practice of collective bargaining and prohibited trade unions from going on strike.

Which of the following is correct with respect to restrictive covenants included in employment contracts?

Which of the following would end the employment relationship by breach, thereby possibly giving rise to a claim for damages for wrongful dismissal?

Unionized employees can be dismissed without notice if there is no work to do.

Why should employers avoid the temptation to make an employee so uncomfortable he will quit?

Trade unions' activities are controlled by the courts.

Discuss fully the issues for employers regarding what constitutes reasonable notice for the termination of their employees.

Which of the following statements is correct with respect to the process by which a union organizes the workforce of an employer?

How is certification obtained?

Which of the following statements is correct with respect to workers' compensation?

"Once a picket line is properly set up, no one can cross it." Explain the accuracy of this statement.

What constitutes "just cause"?

Any contractual term of employment that does not comply with the minimum standards set out in the Employment Standards Act is a nullity.

Give examples of three areas that are controlled by the employment standards legislation.

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

In which of the following situations would it be legal for the employees to strike?

Discuss why it is significant to find that an employment relationship exists and how such a relationship is determined.

Which of the following is correct with respect to the law of collective bargaining?

When an employee leaves the job because of constructive dismissal, his only recourse is to complain to the appropriate human rights tribunal.

The Wagner Act outlawed the practice of collective bargaining and prohibited trade unions from going on strike.

Which of the following is correct with respect to restrictive covenants included in employment contracts?

Which of the following would end the employment relationship by breach, thereby possibly giving rise to a claim for damages for wrongful dismissal?

Unionized employees can be dismissed without notice if there is no work to do.

Why should employers avoid the temptation to make an employee so uncomfortable he will quit?

Trade unions' activities are controlled by the courts.

Discuss fully the issues for employers regarding what constitutes reasonable notice for the termination of their employees.

Which of the following statements is correct with respect to the process by which a union organizes the workforce of an employer?

How is certification obtained?

Which of the following statements is correct with respect to workers' compensation?

"Once a picket line is properly set up, no one can cross it." Explain the accuracy of this statement.

What constitutes "just cause"?

Any contractual term of employment that does not comply with the minimum standards set out in the Employment Standards Act is a nullity.

Give examples of three areas that are controlled by the employment standards legislation.

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