Question 1

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

Accepted Answer

Both the federal and the provi

Question 2

Not only must a non-competition clause be reasonable between the parties, but the party trying to enforce it must show that the clause is necessary to protect some proprietary interest.

Accepted Answer

A) True 
 B)False

Question 3

When one employee sexually harasses another, the only recourse available to the victim is to sue the harassing employee.

Accepted Answer

A) True 
 B)False

Question 4

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 5

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 6

An employee who is also a fiduciary may be subject to certain obligations toward an employer only through special provisions in their employment contract.

Accepted Answer

A) True 
 B)False

Question 7

An employer is responsible for all torts committed by his employee.

Accepted Answer

A) True 
 B)False

Question 8

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 9

Which of the following statements is correct with respect to remedies for wrongful dismissal?

Accepted Answer

A)  The court will usually order the employer to take the employee back. 
B)  The damages that are payable to the employee are calculated on the basis of what the employee would have received had he been given reasonable notice whether he gets another job or not. 
C)  If the employee gets another job within the period of notice he should have received, that will affect the amount of damages he will receive. 
D)  The court will issue an injunction to prevent the employer from hiring someone else to take the employee's place. 
E)  It is up to the employee to determine the amount of notice he should have been given. 
A)  The court will usually order the employer to take the employee back. 
B)  The damages that are payable to the employee are calculated on the basis of what the employee would have received had he been given reasonable notice whether he gets another job or not. 
C)  If the employee gets another job within the period of notice he should have received, that will affect the amount of damages he will receive. 
D)  The court will issue an injunction to prevent the employer from hiring someone else to take the employee's place. 
E)  It is up to the employee to determine the amount of notice he should have been given.

Question 10

Discuss developments in human rights law as they relate to the area of employment. In your answer, refer to judicial decisions.

Accepted Answer

Students should note that one area of em

Question 11

"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 12

Joe had worked for Sam's Manufacturing Company for ten years when Sam told him one day that, because Sam had lost a major contract, he had no work for Joe to do, and Joe was fired as of that time. Explain Joe's legal position.

Accepted Answer

It is not just cause for an employer to

Question 13

Employees cannot gather information, copy customer lists, or solicit customers before termination.

Accepted Answer

A) True 
 B)False

Question 14

There is a constitutional right to belong to a union, to strike, and to bargain collectively.

Accepted Answer

A) True 
 B)False

Question 15

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

Accepted Answer

Unfair labour practices include threats

Question 16

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 17

Mediation is third-party intervention in the negotiation process to force an agreement.

Accepted Answer

A) True 
 B)False

Question 18

Trade unions' activities are controlled by the courts.

Accepted Answer

A) True 
 B)False

Question 19

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 20

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

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

Not only must a non-competition clause be reasonable between the parties, but the party trying to enforce it must show that the clause is necessary to protect some proprietary interest.

When one employee sexually harasses another, the only recourse available to the victim is to sue the harassing employee.

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.

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?

An employee who is also a fiduciary may be subject to certain obligations toward an employer only through special provisions in their employment contract.

An employer is responsible for all torts committed by his employee.

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

Which of the following statements is correct with respect to remedies for wrongful dismissal?

Discuss developments in human rights law as they relate to the area of employment. In your answer, refer to judicial decisions.

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

Joe had worked for Sam's Manufacturing Company for ten years when Sam told him one day that, because Sam had lost a major contract, he had no work for Joe to do, and Joe was fired as of that time. Explain Joe's legal position.

Employees cannot gather information, copy customer lists, or solicit customers before termination.

There is a constitutional right to belong to a union, to strike, and to bargain collectively.

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

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

Mediation is third-party intervention in the negotiation process to force an agreement.

Trade unions' activities are controlled by the courts.

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

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

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

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

Not only must a non-competition clause be reasonable between the parties, but the party trying to enforce it must show that the clause is necessary to protect some proprietary interest.

When one employee sexually harasses another, the only recourse available to the victim is to sue the harassing employee.

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.

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?

An employee who is also a fiduciary may be subject to certain obligations toward an employer only through special provisions in their employment contract.

An employer is responsible for all torts committed by his employee.

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

Which of the following statements is correct with respect to remedies for wrongful dismissal?

Discuss developments in human rights law as they relate to the area of employment. In your answer, refer to judicial decisions.

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

Joe had worked for Sam's Manufacturing Company for ten years when Sam told him one day that, because Sam had lost a major contract, he had no work for Joe to do, and Joe was fired as of that time. Explain Joe's legal position.

Employees cannot gather information, copy customer lists, or solicit customers before termination.

There is a constitutional right to belong to a union, to strike, and to bargain collectively.

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

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

Mediation is third-party intervention in the negotiation process to force an agreement.

Trade unions' activities are controlled by the courts.

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

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

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