Question 1

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. C

Question 2

Mediation involves a process whereby some third party tries to help the conflicting parties reach an agreement.

Accepted Answer

A) True 
 B)False  True

Question 3

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 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 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. C

Question 4

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 5

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 6

What is the significance of a union becoming certified?

Accepted Answer

Once a union obtains certifica

Question 7

The only kind of disagreement between union and employer that can lead to a lawful strike is called

Accepted Answer

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

Question 8

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 9

Mr.Lopez,the owner of the firm,had a large family.His six children were all in their late teens or early twenties and were in school or had jobs.However,in the summer of 2011,two of the six got laid off and the other four were having trouble finding work.Lopez spent ten days reorganizing his firm to find jobs for his family.He decided that the foreman at the plant,Mr.Wedman,who had been with the firm for twelve years,seven as foreman,could go back to being a carpenter and make room for his oldest son,who had management experience.There was no written employment contract with Wedman.On Friday afternoon,Lopez called Wedman into the office and told him that on Monday he would return as a carpenter and that he would be under the direction of his son.Wedman said he didn't want to be a carpenter or under the direction of his son and wouldn't do it.Lopez dismissed him immediately and with no severance pay.Which of the following is true?

Accepted Answer

A)  Lopez had just cause for dismissing Wedman, namely, for disobedience. 
B)  Lopez can fire Wedman for any reason and owes him nothing, because Wedman is not protected by a union. 
C)  Lopez can fire Wedman for any reason and owes him nothing, because Wedman is not protected by a written contract. 
D)  Lopez can't fire Wedman at all if the real purpose of firing him is to make room for his son. 
E)  Wedman could sue for wrongful dismissal because he was fired from his job when he refused to return as a carpenter, not as a foreman. 
A)  Lopez had just cause for dismissing Wedman, namely, for disobedience. 
B)  Lopez can fire Wedman for any reason and owes him nothing, because Wedman is not protected by a union. 
C)  Lopez can fire Wedman for any reason and owes him nothing, because Wedman is not protected by a written contract. 
D)  Lopez can't fire Wedman at all if the real purpose of firing him is to make room for his son. 
E)  Wedman could sue for wrongful dismissal because he was fired from his job when he refused to return as a carpenter, not as a foreman.

Question 10

Which one of the following is just cause for dismissal?

Accepted Answer

A)  absenteeism twice in the last year 
B)  tardiness once in the last two years 
C)  refusal to work in an unsafe work environment 
D)  habitual negligence or incompetence 
E)  no work to do 
A)  absenteeism twice in the last year 
B)  tardiness once in the last two years 
C)  refusal to work in an unsafe work environment 
D)  habitual negligence or incompetence 
E)  no work to do

Question 11

Why is the distinction between employment and an independent contract important?

Accepted Answer

A)  An independent contractor cannot be sure that he will be paid. 
B)  An employee has the right to wages. 
C)  An employee can bind the employer in a contract he enters into on behalf of the employer. 
D)  An employer may be held responsible for torts committed by the employee. 
E)  Employees can withdraw their services. 
A)  An independent contractor cannot be sure that he will be paid. 
B)  An employee has the right to wages. 
C)  An employee can bind the employer in a contract he enters into on behalf of the employer. 
D)  An employer may be held responsible for torts committed by the employee. 
E)  Employees can withdraw their services.

Question 12

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

Accepted Answer

A) True 
 B)False

Question 13

Which of the following is not one of the obligations that an employee has to the employer?

Accepted Answer

A)  competence 
B)  skill 
C)  be honest and courteous 
D)  follow all orders no matter how unreasonable 
E)  loyalty 
A)  competence 
B)  skill 
C)  be honest and courteous 
D)  follow all orders no matter how unreasonable 
E)  loyalty

Question 14

Explain why picketing can be effective.

Accepted Answer

There is a strong union tradit

Question 15

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

Accepted Answer

Wages,hours of work,terminatio

Question 16

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

Accepted Answer

This is a no-fault insurance scheme wher

Question 17

What is secondary picketing?

Accepted Answer

Secondary picketing is the pic

Question 18

The employee's right to strike is limited to which of the following types of disputes?

Accepted Answer

A)  jurisdictional dispute 
B)  rights dispute 
C)  interest dispute 
D)  recognition dispute 
E)  commercial disputes 
A)  jurisdictional dispute 
B)  rights dispute 
C)  interest dispute 
D)  recognition dispute 
E)  commercial disputes

Question 19

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

Accepted Answer

Both the federal and

Question 20

Discuss the legality of mandatory retirement in the context of human rights.

Accepted Answer

There are two sides to the mandatory ret

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

Mediation involves a process whereby some third party tries to help the conflicting parties reach an agreement.

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

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

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

What is the significance of a union becoming certified?

The only kind of disagreement between union and employer that can lead to a lawful strike is called

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

Which one of the following is just cause for dismissal?

Why is the distinction between employment and an independent contract important?

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

Which of the following is not one of the obligations that an employee has to the employer?

Explain why picketing can be effective.

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

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

What is secondary picketing?

The employee's right to strike is limited to which of the following types of disputes?

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

Discuss the legality of mandatory retirement in the context of human rights.

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputesthe Courts and Alternatives to Litigation

Intentional Torts and Torts Impacting Business

Negligence, Professional Liability, and Insurance

The Elements of a Contractconsensus 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

Real, Personal, and Intellectual Property

Information Technology and the Internet

Sales and Consumer Protection

Priority of Creditors

Filters

Exam 10: Employment

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

Mediation involves a process whereby some third party tries to help the conflicting parties reach an agreement.

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

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

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

What is the significance of a union becoming certified?

The only kind of disagreement between union and employer that can lead to a lawful strike is called

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

Which one of the following is just cause for dismissal?

Why is the distinction between employment and an independent contract important?

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

Which of the following is not one of the obligations that an employee has to the employer?

Explain why picketing can be effective.

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

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

What is secondary picketing?

The employee's right to strike is limited to which of the following types of disputes?

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

Discuss the legality of mandatory retirement in the context of human rights.

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputesthe Courts and Alternatives to Litigation

Intentional Torts and Torts Impacting Business

Negligence, Professional Liability, and Insurance

The Elements of a Contractconsensus 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

Real, Personal, and Intellectual Property

Information Technology and the Internet

Sales and Consumer Protection

Priority of Creditors

Filters