Question 1

Which of the following is a true statement about the employer-employee relationship?

Accepted Answer

A)  The critical factor in this relationship is control. That is, the employer tells the employee not only what to do but also how to do it. 
B)  An employee for a company could not also be an agent at the same time for the company. 
C)  One responsibility of an employer is to provide the employee with lifetime work availability. 
D)  An employee does not owe a fiduciary duty to his or her employer. 
E)  If an employer contracts to paint Mr. Shore's barn and sends the employee out to do the painting, if the employee is not paid he can sue his employer or Mr. Shore for his wage. 
A)  The critical factor in this relationship is control. That is, the employer tells the employee not only what to do but also how to do it. 
B)  An employee for a company could not also be an agent at the same time for the company. 
C)  One responsibility of an employer is to provide the employee with lifetime work availability. 
D)  An employee does not owe a fiduciary duty to his or her employer. 
E)  If an employer contracts to paint Mr. Shore's barn and sends the employee out to do the painting, if the employee is not paid he can sue his employer or Mr. Shore for his wage.

Question 2

Indicate what kinds of restrictions there are on an employer's right to dismiss an employee.

Accepted Answer

He must give reasonable notice, or pay i

Question 3

Distinguish between a rights dispute and an interest dispute.

Accepted Answer

An interest dispute occurs when the empl

Question 4

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

Accepted Answer

A) True 
 B)False

Question 5

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

Accepted Answer

A) True 
 B)False

Question 6

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

Accepted Answer

The answer of What is the minimum period of time...

Question 7

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 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

"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 10

Certification is notice to a labour relations board that the union intends to go on strike.

Accepted Answer

A) True 
 B)False

Question 11

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 12

Joe was a self-employed insurance broker. His client, Sam, wished to purchase home insurance. As was his normal practice, Joe got into his car and drove past Sam's house to determine if all was as stated by the client. In the process of doing so, he struck a pedestrian crossing the street in a crosswalk because he was distracted by his examination of the house. The injured pedestrian sued not only Joe, the insurance broker, but the client as well. Explain the likely outcome.

Accepted Answer

Joe is an independent contractor. Under

Question 13

A lockout involves picketing employees prohibiting both management and other employees from crossing the picket line.

Accepted Answer

A) True 
 B)False

Question 14

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.

Accepted Answer

A) True 
 B)False

Question 15

Joe was an employer. He heard that his employees were considering joining a union, which would then be certified. He called them together and stated that if he had to pay union wages, he couldn't keep the business going and would probably have to close it down. The union immediately complained that he had committed an unfair labour practice. Explain the legal position of the parties.

Accepted Answer

Historically, this has been classed as a

Question 16

What obligations does a union have towards its membership?

Accepted Answer

A union has a duty to represent the inte

Question 17

The explosive confrontations between management and workers attempting to organize themselves to offset the power of the employer led most governments to pass laws that would create and maintain labour peace. Which of the following is False with regard to collective bargaining legislation?

Accepted Answer

A)  Employers can block their workers from organizing themselves as a union as long as they do not use violence or the threat of violence. 
B)  Once a union is certified, the union worker will not bargain for his contract; the union will have a bargaining agent who has the authority to negotiate for a contract that will bind all the union workers in that bargaining unit. 
C)  It is an unfair labour practice for an employer to threaten to fire a worker for joining the union. 
D)  A contract approved by both the employer and the union is called a collective agreement, and it must set out the method for the settlement of disputes that might arise under the agreement. 
E)  A lockout is an action taken by the employer to prevent workers from working and earning a wage. 
A)  Employers can block their workers from organizing themselves as a union as long as they do not use violence or the threat of violence. 
B)  Once a union is certified, the union worker will not bargain for his contract; the union will have a bargaining agent who has the authority to negotiate for a contract that will bind all the union workers in that bargaining unit. 
C)  It is an unfair labour practice for an employer to threaten to fire a worker for joining the union. 
D)  A contract approved by both the employer and the union is called a collective agreement, and it must set out the method for the settlement of disputes that might arise under the agreement. 
E)  A lockout is an action taken by the employer to prevent workers from working and earning a wage.

Question 18

On Friday afternoon, Frieda was told not to return to work because her job was gone. If her employer is in a non-unionized business and had no just cause to dismiss her, which of the following is true?

Accepted Answer

A)  The amount of notice to be given her is limited to the employment contract. 
B)  The amount of notice could be set out in the employment contract, and that amount would override the amount set by the common law, unless it was less than the minimum amount set out in the Employment Standards Act (or Code). 
C)  Additional notice must be given even if the employer pays her an amount of money equivalent to the amount of money she would have earned during the notice period. 
D)  If the employee sues for wrongful dismissal and the court has to determine the appropriate notice period, it would consider, among other things, her sex and religion. 
E)  She can elect to have a notice period or to take money in lieu of notice. 
A)  The amount of notice to be given her is limited to the employment contract. 
B)  The amount of notice could be set out in the employment contract, and that amount would override the amount set by the common law, unless it was less than the minimum amount set out in the Employment Standards Act (or Code). 
C)  Additional notice must be given even if the employer pays her an amount of money equivalent to the amount of money she would have earned during the notice period. 
D)  If the employee sues for wrongful dismissal and the court has to determine the appropriate notice period, it would consider, among other things, her sex and religion. 
E)  She can elect to have a notice period or to take money in lieu of notice.

Question 19

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.

Question 20

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

Accepted Answer

Hours of work, notice upon ter

Which of the following is a true statement about the employer-employee relationship?

Indicate what kinds of restrictions there are on an employer's right to dismiss an employee.

Distinguish between a rights dispute and an interest dispute.

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

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

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

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

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

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

Certification is notice to a labour relations board that the union intends to go on strike.

A lockout involves picketing employees prohibiting both management and other employees from crossing the picket line.

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.

What obligations does a union have towards its membership?

The explosive confrontations between management and workers attempting to organize themselves to offset the power of the employer led most governments to pass laws that would create and maintain labour peace. Which of the following is False with regard to collective bargaining legislation?

On Friday afternoon, Frieda was told not to return to work because her job was gone. If her employer is in a non-unionized business and had no just cause to dismiss her, which of the following is true?

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

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

Which of the following is a true statement about the employer-employee relationship?

Indicate what kinds of restrictions there are on an employer's right to dismiss an employee.

Distinguish between a rights dispute and an interest dispute.

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

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

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

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

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

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

Certification is notice to a labour relations board that the union intends to go on strike.

A lockout involves picketing employees prohibiting both management and other employees from crossing the picket line.

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.

What obligations does a union have towards its membership?

The explosive confrontations between management and workers attempting to organize themselves to offset the power of the employer led most governments to pass laws that would create and maintain labour peace. Which of the following is False with regard to collective bargaining legislation?

On Friday afternoon, Frieda was told not to return to work because her job was gone. If her employer is in a non-unionized business and had no just cause to dismiss her, which of the following is true?

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

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