Question 1

When an employee is dismissed for just cause, he is entitled to reasonable notice or pay in lieu of notice.

Accepted Answer

A) True 
 B)False

Question 2

Under what circumstances can an employee be terminated without notice?

Accepted Answer

An employee can be t

Question 3

Workers' compensation benefits are only available where the employee has been injured because of the fault of the employer.

Accepted Answer

A) True 
 B)False

Question 4

Mr. Lopez, the owner of the firm, had a large family. His six children were all in their late teens or early twenties and were in school or had jobs. However, in the summer of 2016, two of the six got laid off and the other four were having trouble finding work. Lopez spent ten days reorganizing his firm to find jobs for his family. He decided that the foreman at the plant, Mr. Wedman (who had been with the firm for twelve years, seven as foreman) could go back to being a carpenter to make room for his oldest son, who had management experience. There was no written employment contract with Wedman. On Friday afternoon, Lopez called Wedman into the office and told him that on Monday he would return as a carpenter and that he would be under the direction of his son. Wedman said he didn't want to be a carpenter or under the direction of his son and wouldn't do it. Lopez dismissed him immediately with no severance pay. Which of the following is true?

Accepted Answer

A)  Lopez had just cause for dismissing Wedman, namely, for disobedience. 
B)  Lopez can fire Wedman for any reason and owes him nothing because Wedman is not protected by a union. 
C)  Lopez can fire Wedman for any reason and owes him nothing because Wedman is not protected by a written contract. 
D)  Lopez can't fire Wedman at all if the real purpose of firing him is to make room for his son. 
E)  Wedman could sue for wrongful dismissal because he was fired from his job when he refused to return as a carpenter instead of as foreman. 
A)  Lopez had just cause for dismissing Wedman, namely, for disobedience. 
B)  Lopez can fire Wedman for any reason and owes him nothing because Wedman is not protected by a union. 
C)  Lopez can fire Wedman for any reason and owes him nothing because Wedman is not protected by a written contract. 
D)  Lopez can't fire Wedman at all if the real purpose of firing him is to make room for his son. 
E)  Wedman could sue for wrongful dismissal because he was fired from his job when he refused to return as a carpenter instead of as foreman.

Question 5

Indicate under what circumstances an employer can dismiss an employee.

Accepted Answer

The employer is free to dismiss an emplo

Question 6

Give three example of unfair labour practices on the part of the employer.

Accepted Answer

Unfair labour practices include threats

Question 7

Discuss the organization process imposed by labour statutes. In your discussion, comment on the objectives of the legislation and whether those objectives have been met.

Accepted Answer

Most of the violence and confrontation t

Question 8

What is the significance of determining that an employment relationship exists, aside from the statutory significance, employment insurance benefits, workers' compensation benefits, etc.?

Accepted Answer

In common law, the main signif

Question 9

If former employees are sued, it is usually for breach of ________, or for disclosing confidential information.

Accepted Answer

A)  employment contract 
B)  notice periods 
C)  restrictive covenants 
D)  fiduciary duty 
E)  confidence 
A)  employment contract 
B)  notice periods 
C)  restrictive covenants 
D)  fiduciary duty 
E)  confidence

Question 10

"If the Employment Standards Act (or its equivalent in your jurisdiction) states that an employee who has worked for a specific length of time is entitled to up to eight weeks' notice, and the employee you wish to dismiss has worked for that long, you can be sure that's all the notice or pay in lieu of notice that you have to give that employee." Discuss the accuracy of this statement.

Accepted Answer

The Employment Standards Act s

Question 11

Distinguish between arbitration and conciliation or mediation.

Accepted Answer

Conciliation or mediation involves a thi

Question 12

Which level of government has the authority to pass collective bargaining type legislation?

Accepted Answer

Both the federal and the provi

Question 13

The Employment Standards Act sets a maximum amount of notice or pay in lieu of notice that an employer has to give an employee upon dismissal.

Accepted Answer

A) True 
 B)False

Question 14

Which of the following statements is correct with respect to picketing?

Accepted Answer

A)  Lawful picketing is the process whereby striking employees forcefully prohibit others from doing business with their employer. 
B)  Lawful picketing is the process whereby striking employees attempt to persuade people not to do business with their employer. 
C)  Lawful picketing is an accepted form of protest by workers whether or not a lawful strike is in process. 
D)  Lawful picketing can take place during a rights dispute or a recognition dispute. 
E)  Lawful picketing cannot take place during a lockout, only during a lawful strike. 
A)  Lawful picketing is the process whereby striking employees forcefully prohibit others from doing business with their employer. 
B)  Lawful picketing is the process whereby striking employees attempt to persuade people not to do business with their employer. 
C)  Lawful picketing is an accepted form of protest by workers whether or not a lawful strike is in process. 
D)  Lawful picketing can take place during a rights dispute or a recognition dispute. 
E)  Lawful picketing cannot take place during a lockout, only during a lawful strike.

Question 15

An employer is responsible for only those torts committed by an employee that take place while the employee is doing what he is employed to do.

Accepted Answer

A) True 
 B)False

Question 16

An employer is only free to terminate the employment relationship for just cause as long as sufficient notice is given.

Accepted Answer

A) True 
 B)False

Question 17

In which of the following situations will Smith be responsible for the tortious conduct of Jones?

Accepted Answer

A)  Jones is an independent contractor installing drywall for Smith's grocery store. 
B)  Jones is a computer programmer working for Ace Computer Ltd. and is installing new software for Smith's department store. 
C)  Jones is a self-employed vacuum cleaner salesman and Smith manufactures one of the lines he carries. 
D)  Jones is a salesperson for Watson's Warehouse visiting Smith's Grocery Store Ltd. 
E)  Jones is a secretary working in Smith's office. 
A)  Jones is an independent contractor installing drywall for Smith's grocery store. 
B)  Jones is a computer programmer working for Ace Computer Ltd. and is installing new software for Smith's department store. 
C)  Jones is a self-employed vacuum cleaner salesman and Smith manufactures one of the lines he carries. 
D)  Jones is a salesperson for Watson's Warehouse visiting Smith's Grocery Store Ltd. 
E)  Jones is a secretary working in Smith's office.

Question 18

With regard to employment law, which of the following is false?

Accepted Answer

A)  An employee must be punctual and obedient. 
B)  The common law provides that an employee who wants to quit his job because he wants to take another owes his employer reasonable notice. 
C)  The most common remedy awarded by the courts in wrongful dismissal cases is reinstatement (i.e., the employer responsible for the wrongful dismissal must take the employee back). 
D)  An employee badly injured on the job can make a claim against a fund of money provided by employers who are obligated by law to contribute. 
E)  A unionized employee does not negotiate personally with the employer for his or her employment contract. 
A)  An employee must be punctual and obedient. 
B)  The common law provides that an employee who wants to quit his job because he wants to take another owes his employer reasonable notice. 
C)  The most common remedy awarded by the courts in wrongful dismissal cases is reinstatement (i.e., the employer responsible for the wrongful dismissal must take the employee back). 
D)  An employee badly injured on the job can make a claim against a fund of money provided by employers who are obligated by law to contribute. 
E)  A unionized employee does not negotiate personally with the employer for his or her employment contract.

Question 19

Drew got a non-union, senior-management-level job. After the first day, Drew came to his dad to discuss his obligations to his boss and his boss's obligations to him. Which of the following is false?

Accepted Answer

A)  Drew must be punctual and obedient. 
B)  Drew owes the employer a fiduciary duty (i.e., a duty to serve the employer's interests above his own). 
C)  The employer cannot terminate Drew's employment unless Drew does something wrong. 
D)  The employer owes Drew not only pay, but also some direction. 
E)  If Drew wants to quit, he must give the employer proper notice unless the employer has done some wrong (e.g., given an unreasonable or dangerous order). 
A)  Drew must be punctual and obedient. 
B)  Drew owes the employer a fiduciary duty (i.e., a duty to serve the employer's interests above his own). 
C)  The employer cannot terminate Drew's employment unless Drew does something wrong. 
D)  The employer owes Drew not only pay, but also some direction. 
E)  If Drew wants to quit, he must give the employer proper notice unless the employer has done some wrong (e.g., given an unreasonable or dangerous order).

Question 20

Which of the following statements is correct with respect to the operation of the collective agreement?

Accepted Answer

A)  All disputes arising out of the enforcement of the collective agreement that cannot be settled by negotiation must be handled by conciliation/mediation. 
B)  All disputes arising out of the enforcement of the collective agreement that cannot be settled by negotiation must be handled by arbitration or another agreed-upon method. 
C)  Mediation is a process whereby the mediator/conciliator will hear both sides of the dispute and make a decision binding on the parties. 
D)  Arbitration is a process whereby the mediator/conciliator will hear both sides of the dispute and try to persuade the parties to come to an agreement. 
E)  It is unlawful to include in a collective agreement a provision whereby a new employee must become a member of the union. 
A)  All disputes arising out of the enforcement of the collective agreement that cannot be settled by negotiation must be handled by conciliation/mediation. 
B)  All disputes arising out of the enforcement of the collective agreement that cannot be settled by negotiation must be handled by arbitration or another agreed-upon method. 
C)  Mediation is a process whereby the mediator/conciliator will hear both sides of the dispute and make a decision binding on the parties. 
D)  Arbitration is a process whereby the mediator/conciliator will hear both sides of the dispute and try to persuade the parties to come to an agreement. 
E)  It is unlawful to include in a collective agreement a provision whereby a new employee must become a member of the union.

When an employee is dismissed for just cause, he is entitled to reasonable notice or pay in lieu of notice.

Under what circumstances can an employee be terminated without notice?

Workers' compensation benefits are only available where the employee has been injured because of the fault of the employer.

Indicate under what circumstances an employer can dismiss an employee.

Give three example of unfair labour practices on the part of the employer.

Discuss the organization process imposed by labour statutes. In your discussion, comment on the objectives of the legislation and whether those objectives have been met.

What is the significance of determining that an employment relationship exists, aside from the statutory significance, employment insurance benefits, workers' compensation benefits, etc.?

If former employees are sued, it is usually for breach of ________, or for disclosing confidential information.

Distinguish between arbitration and conciliation or mediation.

Which level of government has the authority to pass collective bargaining type legislation?

The Employment Standards Act sets a maximum amount of notice or pay in lieu of notice that an employer has to give an employee upon dismissal.

Which of the following statements is correct with respect to picketing?

An employer is responsible for only those torts committed by an employee that take place while the employee is doing what he is employed to do.

An employer is only free to terminate the employment relationship for just cause as long as sufficient notice is given.

In which of the following situations will Smith be responsible for the tortious conduct of Jones?

With regard to employment law, which of the following is false?

Drew got a non-union, senior-management-level job. After the first day, Drew came to his dad to discuss his obligations to his boss and his boss's obligations to him. Which of the following is false?

Which of the following statements is correct with respect to the operation of the collective agreement?

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

When an employee is dismissed for just cause, he is entitled to reasonable notice or pay in lieu of notice.

Under what circumstances can an employee be terminated without notice?

Workers' compensation benefits are only available where the employee has been injured because of the fault of the employer.

Indicate under what circumstances an employer can dismiss an employee.

Give three example of unfair labour practices on the part of the employer.

Discuss the organization process imposed by labour statutes. In your discussion, comment on the objectives of the legislation and whether those objectives have been met.

What is the significance of determining that an employment relationship exists, aside from the statutory significance, employment insurance benefits, workers' compensation benefits, etc.?

If former employees are sued, it is usually for breach of ________, or for disclosing confidential information.

Distinguish between arbitration and conciliation or mediation.

Which level of government has the authority to pass collective bargaining type legislation?

The Employment Standards Act sets a maximum amount of notice or pay in lieu of notice that an employer has to give an employee upon dismissal.

Which of the following statements is correct with respect to picketing?

An employer is responsible for only those torts committed by an employee that take place while the employee is doing what he is employed to do.

An employer is only free to terminate the employment relationship for just cause as long as sufficient notice is given.

In which of the following situations will Smith be responsible for the tortious conduct of Jones?

With regard to employment law, which of the following is false?

Drew got a non-union, senior-management-level job. After the first day, Drew came to his dad to discuss his obligations to his boss and his boss's obligations to him. Which of the following is false?

Which of the following statements is correct with respect to the operation of the collective agreement?

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