Question 1

How is certification obtained?

Accepted Answer

The union representatives attempt to get

Question 2

What is the three-part test used to evaluate if an occupational requirement is justified?

Accepted Answer

Once the complainant shows that a standa

Question 3

What conditions must be met first before employees can go out on strike?

Accepted Answer

The employees must hold a stri

Question 4

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 5

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 6

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

Accepted Answer

Public sector employees by leg

Question 7

Joe worked for Sam in Sam's Manufacturing Plant as a supervisor for five years, and for five years prior to that had been foreman. Because of a reorganization, the position of supervisor was eliminated and Joe was reassigned to his old job as night foreman. He refused to take it and sued for wrongful dismissal. What would be the outcome?

Accepted Answer

This is an example of construc

Question 8

Federal and provincial human rights legislation cover all of the following issues except

Accepted Answer

A)  harassment. 
B)  disabled workers. 
C)  pay equity. 
D)  affirmative action. 
E)  minimum wage. 
A)  harassment. 
B)  disabled workers. 
C)  pay equity. 
D)  affirmative action. 
E)  minimum wage.

Question 9

A difference of opinion between an employer and a union in the interpretation of terms in their existing contract is called

Accepted Answer

A)  an interest dispute. 
B)  a rights dispute. 
C)  certification. 
D)  a jurisdictional dispute. 
E)  a conciliation procedure. 
A)  an interest dispute. 
B)  a rights dispute. 
C)  certification. 
D)  a jurisdictional dispute. 
E)  a conciliation procedure.

Question 10

A majority of the employees in a workplace must always vote in favour of union organization before certification will be granted.

Accepted Answer

A) True 
 B)False

Question 11

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

Accepted Answer

The employer could f

Question 12

"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.

Accepted Answer

The relationship of an employee and an i

Question 13

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 14

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 15

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 16

In Dowling v. Ontario (Workplace Safety and Insurance Board), the Court had to determine whether the employee's dishonest conduct constituted just cause for termination. What did the Court find?

Accepted Answer

A)  Summary dismissal was a proportionate response given the acts of misconduct and the context of the employee's position, which required honesty and impartiality. 
B)  Summary dismissal was unreasonable: only the most egregious acts of dishonesty can ever amount to just cause. 
C)  Summary dismissal is never justified; reasonable notice is always required for reasons of public policy. 
D)  Summary dismissal is always appropriate, for even minor acts of dishonesty, regardless of the circumstances. 
E)  Summary dismissal can be appropriate, but only in circumstances where the employee has demonstrated incompetence. 
A)  Summary dismissal was a proportionate response given the acts of misconduct and the context of the employee's position, which required honesty and impartiality. 
B)  Summary dismissal was unreasonable: only the most egregious acts of dishonesty can ever amount to just cause. 
C)  Summary dismissal is never justified; reasonable notice is always required for reasons of public policy. 
D)  Summary dismissal is always appropriate, for even minor acts of dishonesty, regardless of the circumstances. 
E)  Summary dismissal can be appropriate, but only in circumstances where the employee has demonstrated incompetence.

Question 17

When new employees are required to join a union within a specified period of time, this is referred to as

Accepted Answer

A)  a closed shop. 
B)  a union shop. 
C)  an agency shop. 
D)  the rand formula. 
E)  a check-off provision. 
A)  a closed shop. 
B)  a union shop. 
C)  an agency shop. 
D)  the rand formula. 
E)  a check-off provision.

Question 18

Indicate three obligations of an employee in an employment relationship.

Accepted Answer

An employee is obligated to follow any r

Question 19

Explain when an employer can be held liable for the wrongful acts of an employee.

Accepted Answer

The employer is resp

Question 20

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.

How is certification obtained?

What is the three-part test used to evaluate if an occupational requirement is justified?

What conditions must be met first before employees can go out on strike?

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

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

Federal and provincial human rights legislation cover all of the following issues except

A difference of opinion between an employer and a union in the interpretation of terms in their existing contract is called

A majority of the employees in a workplace must always vote in favour of union organization before certification will be granted.

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

"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.

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

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

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

In Dowling v. Ontario (Workplace Safety and Insurance Board), the Court had to determine whether the employee's dishonest conduct constituted just cause for termination. What did the Court find?

When new employees are required to join a union within a specified period of time, this is referred to as

Indicate three obligations of an employee in an employment relationship.

Explain when an employer can be held liable for the wrongful acts of an employee.

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

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

How is certification obtained?

What is the three-part test used to evaluate if an occupational requirement is justified?

What conditions must be met first before employees can go out on strike?

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

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

Federal and provincial human rights legislation cover all of the following issues except

A difference of opinion between an employer and a union in the interpretation of terms in their existing contract is called

A majority of the employees in a workplace must always vote in favour of union organization before certification will be granted.

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

"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.

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

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

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

In Dowling v. Ontario (Workplace Safety and Insurance Board), the Court had to determine whether the employee's dishonest conduct constituted just cause for termination. What did the Court find?

When new employees are required to join a union within a specified period of time, this is referred to as

Indicate three obligations of an employee in an employment relationship.

Explain when an employer can be held liable for the wrongful acts of an employee.

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

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