Question 1

The process by which a particular union achieves the status of bargaining agent for a group of employees is called

Accepted Answer

A)  binding arbitration. 
B)  certification. 
C)  conciliation. 
D)  job action. 
E)  arbitration. 
A)  binding arbitration. 
B)  certification. 
C)  conciliation. 
D)  job action. 
E)  arbitration.

Question 2

Which of the following is correct with respect to human rights in the field of employment?

Accepted Answer

A)  If provincial human rights legislation does not extend human rights protection to same-sex couples, the employer can be sure that discriminatory practices in that area will not be actionable. 
B)  If an employee becomes disabled, the employer has no further obligation to that employee and can fire him. 
C)  While an employer cannot discriminate against a prospective employee on the basis of colour, religion, or sex, they can refuse to hire a disabled person. 
D)  While an employer must ensure that managers do not discriminate or harass, they have no control over or obligations for the actions of other employees. 
E)  Employers have an obligation to accommodate, within reason, the religious beliefs of their employees by, for example, rescheduling shifts to allow for religious holidays. 
A)  If provincial human rights legislation does not extend human rights protection to same-sex couples, the employer can be sure that discriminatory practices in that area will not be actionable. 
B)  If an employee becomes disabled, the employer has no further obligation to that employee and can fire him. 
C)  While an employer cannot discriminate against a prospective employee on the basis of colour, religion, or sex, they can refuse to hire a disabled person. 
D)  While an employer must ensure that managers do not discriminate or harass, they have no control over or obligations for the actions of other employees. 
E)  Employers have an obligation to accommodate, within reason, the religious beliefs of their employees by, for example, rescheduling shifts to allow for religious holidays.

Question 3

Smith is an employee of ABC Company and wants to persuade the other employees to join a union and become certified, because the wages paid by ABC are less than those that would be paid in a union plant. ABC Company does not want a union. Which of the following is ABC permitted to do?

Accepted Answer

A)  ABC can fire Smith. 
B)  ABC can increase the wages paid to the employees, thus eliminating the major reason for having the union. 
C)  ABC can tell the employees that it cannot afford to pay union wages and, if forced to, will go out of business, as long as that statement is true and not threatening or intimidating. 
D)  ABC can form its own company organization for workers and have it certified. 
E)  ABC can transfer Smith to another plant. 
A)  ABC can fire Smith. 
B)  ABC can increase the wages paid to the employees, thus eliminating the major reason for having the union. 
C)  ABC can tell the employees that it cannot afford to pay union wages and, if forced to, will go out of business, as long as that statement is true and not threatening or intimidating. 
D)  ABC can form its own company organization for workers and have it certified. 
E)  ABC can transfer Smith to another plant.

Question 4

Give examples of three areas of employment relations that have been controlled by legislation.

Accepted Answer

Wages, hours of work, terminat

Question 5

In Robichaud v. Canada (Treasury Board), the Supreme Court of Canada had to determine whether the employer was responsible for the sexual harassment committed by another employee. What did the Court find?

Accepted Answer

A)  Such behaviour is regrettable, but not actionable under the Canadian Human Rights Act. 
B)  Such behaviour constitutes discrimination on the basis of gender but, unless the employer actively encouraged this conduct, the employer cannot be liable. 
C)  Such behaviour constitutes discrimination on the basis of gender and, under the Canadian Human Rights Act, the employer was liable for such acts. 
D)  Such behaviour is juvenile, but the employee is contributorily liable, as she must have encouraged the attention in some way. 
E)  Such behaviour does not constitute discrimination, so the employee's only recourse is a tort law action. 
A)  Such behaviour is regrettable, but not actionable under the Canadian Human Rights Act. 
B)  Such behaviour constitutes discrimination on the basis of gender but, unless the employer actively encouraged this conduct, the employer cannot be liable. 
C)  Such behaviour constitutes discrimination on the basis of gender and, under the Canadian Human Rights Act, the employer was liable for such acts. 
D)  Such behaviour is juvenile, but the employee is contributorily liable, as she must have encouraged the attention in some way. 
E)  Such behaviour does not constitute discrimination, so the employee's only recourse is a tort law action.

Question 6

Which one of the following statements is true with respect to workers' compensation?

Accepted Answer

A)  A worker who is injured on a job that is covered by the Workers' Compensation Act has the choice of either suing his employer or claiming under the Act with regard to that injury. 
B)  A worker who is injured on a job that is covered by the Workers' Compensation Act cannot sue his employer over the injury regardless of whether he makes a claim under the Act or not. 
C)  All of the funds used to pay for injuries suffered on the job come from a fund paid into by the government and employees. 
D)  While job-related injuries are covered under the Workers' Compensation Act, illness that results from work is strictly the employee's own problem. 
E)  All employers pay similar premiums no matter how dangerous the job. 
A)  A worker who is injured on a job that is covered by the Workers' Compensation Act has the choice of either suing his employer or claiming under the Act with regard to that injury. 
B)  A worker who is injured on a job that is covered by the Workers' Compensation Act cannot sue his employer over the injury regardless of whether he makes a claim under the Act or not. 
C)  All of the funds used to pay for injuries suffered on the job come from a fund paid into by the government and employees. 
D)  While job-related injuries are covered under the Workers' Compensation Act, illness that results from work is strictly the employee's own problem. 
E)  All employers pay similar premiums no matter how dangerous the job.

Question 7

Union employees have a legal obligation to honour (that is, not cross) a properly constituted picket line during a lawful strike or lockout.

Accepted Answer

A) True 
 B)False

Question 8

In RBC Dominion Securities Inc. v. Merrill Lynch, virtually all of the investment advisors at the RBC branch left without notice and went to work for a competitor, Merrill Lynch. What did the Court determine?

Accepted Answer

A)  Merrill Lynch and its manager were found jointly and severally liable, as the manager had induced the breach of the duty not to compete unfairly. 
B)  RBC was found liable for inducement of breach of contract. 
C)  Merrill Lynch and its manager were not liable, since no notice of termination was required. 
D)  RBC investment advisors were not in violation of their fiduciary duty to RBC, and were not required to provide notice of termination. 
E)  Fiduciary duties cannot arise in the context of a mere employment relationship. 
A)  Merrill Lynch and its manager were found jointly and severally liable, as the manager had induced the breach of the duty not to compete unfairly. 
B)  RBC was found liable for inducement of breach of contract. 
C)  Merrill Lynch and its manager were not liable, since no notice of termination was required. 
D)  RBC investment advisors were not in violation of their fiduciary duty to RBC, and were not required to provide notice of termination. 
E)  Fiduciary duties cannot arise in the context of a mere employment relationship.

Question 9

What is the significance of a union becoming certified?

Accepted Answer

Once a union obtains certifica

Question 10

Which one of the following is not just cause for dismissal?

Accepted Answer

A)  Serious absenteeism 
B)  Consistent tardiness 
C)  Open disobedience 
D)  Habitual negligence or incompetence 
E)  No work to do 
A)  Serious absenteeism 
B)  Consistent tardiness 
C)  Open disobedience 
D)  Habitual negligence or incompetence 
E)  No work to do

Question 11

Indicate how much notice an employee is entitled to when being dismissed.

Accepted Answer

An employee is entitled to rea

Question 12

While a lockout can only take place during the collective bargaining process when there is no contract in force, the employees can also legally strike when the employer breaches a term of a collective agreement that is in force.

Accepted Answer

A) True 
 B)False

Question 13

Discuss the remedies for the employee in a wrongful dismissal action as well as any obligations the employee may have in this action.

Accepted Answer

In a wrongful dismissal action, the dama

Question 14

It is up to the labour relations board to determine how much notice must be given when an employee is dismissed.

Accepted Answer

A) True 
 B)False

Question 15

What constitutes "just cause"?

Accepted Answer

Chronic absenteeism, consisten

Question 16

Discuss why it is significant to find that an employment relationship exists and how such a relationship is determined.

Accepted Answer

Aside from the obvious points that taxes

Question 17

Dismissal without reasonable notice must be based on employee wrongdoing or a failure to perform the job.

Accepted Answer

A) True 
 B)False

Question 18

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 19

An option in a collective agreement enabling employees to retain the right not to join the union, though they are still required to pay union dues, is known as ________.

Accepted Answer

the rand f

Question 20

To what does the term "check-off provision" refer?

Accepted Answer

A provision in in collective a

The process by which a particular union achieves the status of bargaining agent for a group of employees is called

Which of the following is correct with respect to human rights in the field of employment?

Smith is an employee of ABC Company and wants to persuade the other employees to join a union and become certified, because the wages paid by ABC are less than those that would be paid in a union plant. ABC Company does not want a union. Which of the following is ABC permitted to do?

Give examples of three areas of employment relations that have been controlled by legislation.

In Robichaud v. Canada (Treasury Board), the Supreme Court of Canada had to determine whether the employer was responsible for the sexual harassment committed by another employee. What did the Court find?

Which one of the following statements is true with respect to workers' compensation?

Union employees have a legal obligation to honour (that is, not cross) a properly constituted picket line during a lawful strike or lockout.

In RBC Dominion Securities Inc. v. Merrill Lynch, virtually all of the investment advisors at the RBC branch left without notice and went to work for a competitor, Merrill Lynch. What did the Court determine?

What is the significance of a union becoming certified?

Which one of the following is not just cause for dismissal?

Indicate how much notice an employee is entitled to when being dismissed.

While a lockout can only take place during the collective bargaining process when there is no contract in force, the employees can also legally strike when the employer breaches a term of a collective agreement that is in force.

Discuss the remedies for the employee in a wrongful dismissal action as well as any obligations the employee may have in this action.

It is up to the labour relations board to determine how much notice must be given when an employee is dismissed.

What constitutes "just cause"?

Discuss why it is significant to find that an employment relationship exists and how such a relationship is determined.

Dismissal without reasonable notice must be based on employee wrongdoing or a failure to perform the job.

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

An option in a collective agreement enabling employees to retain the right not to join the union, though they are still required to pay union dues, is known as ________.

To what does the term "check-off provision" refer?

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

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Exam 12: Employment

The process by which a particular union achieves the status of bargaining agent for a group of employees is called

Which of the following is correct with respect to human rights in the field of employment?

Smith is an employee of ABC Company and wants to persuade the other employees to join a union and become certified, because the wages paid by ABC are less than those that would be paid in a union plant. ABC Company does not want a union. Which of the following is ABC permitted to do?

Give examples of three areas of employment relations that have been controlled by legislation.

In Robichaud v. Canada (Treasury Board), the Supreme Court of Canada had to determine whether the employer was responsible for the sexual harassment committed by another employee. What did the Court find?

Which one of the following statements is true with respect to workers' compensation?

Union employees have a legal obligation to honour (that is, not cross) a properly constituted picket line during a lawful strike or lockout.

In RBC Dominion Securities Inc. v. Merrill Lynch, virtually all of the investment advisors at the RBC branch left without notice and went to work for a competitor, Merrill Lynch. What did the Court determine?

What is the significance of a union becoming certified?

Which one of the following is not just cause for dismissal?

Indicate how much notice an employee is entitled to when being dismissed.

While a lockout can only take place during the collective bargaining process when there is no contract in force, the employees can also legally strike when the employer breaches a term of a collective agreement that is in force.

Discuss the remedies for the employee in a wrongful dismissal action as well as any obligations the employee may have in this action.

It is up to the labour relations board to determine how much notice must be given when an employee is dismissed.

What constitutes "just cause"?

Discuss why it is significant to find that an employment relationship exists and how such a relationship is determined.

Dismissal without reasonable notice must be based on employee wrongdoing or a failure to perform the job.

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

An option in a collective agreement enabling employees to retain the right not to join the union, though they are still required to pay union dues, is known as ________.

To what does the term "check-off provision" refer?

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