Exam 12: Employment

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Distinguish between a strike and a lockout.

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"When one person does work for another, they can be either an agent, an independent contractor, or an employee." Discuss the accuracy of this statement.

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Indicate what is meant by the following terms: union shop, closed shop, agency shop, check-off, and maintenance of membership.

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Which one of the following is correct with respect to employee rights?

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In the case of Peters & Co Limited v. Ward it was determined that Ward, after giving notice, had downloaded his client list and taken boxes of documents from the office. The Plaintiff sued for breach of restrictive covenants and sought an Anton Piller Order. What did the Court hold?

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Only employers are responsible for torts committed by their employees during the course of the employment.

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Which of the following statements is correct with respect to the employer's liability for the conduct of the employee?

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Which one of the following is just cause for dismissal?

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As managers and other executives owe a fiduciary duty to their employer, they may find themselves somewhat restricted in what they can do even after they leave their employment.

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Trade unions were once considered illegal organizations with no status separate from their membership.

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Explain how the Workers' Compensation Act modifies the common law position of injured workers.

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What is the effect if a contractual term does not comply with the minimum standards set out in employment standards legislation?

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What is the minimum period of time for which a completed collective agreement can be in force?

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When ________ are included in the original employment contract, committing the employee not to work in a particular geographical area or a particular industry after leaving the position, they have to specify a reasonable time and area.

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Swearing at the employer has been determined to be serious misconduct sufficient to justify dismissal of an employee.

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When there is a serious breach of the employment contract by the employer, the employees are entitled to leave work without notice.

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Which of the following is an unfair labour practice?

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Employees' use of social media can expose employers to liability. Employers can be held liable for online activities of their employees on and off the job. Discuss what a business should do to reduce this risk.

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What significant differences are there between the rights associated with public sector employees and those associated with private sector unionized employees?

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"Joe was working for Sam, using his own car to deliver manufactured parts for Sam's business to a client. In the process, Joe was involved in an automobile accident, causing injury to George, a stranger. In these circumstances, George's only recourse is against the employer." Discuss the accuracy of this statement.

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