Question 1

Which of the following would end the employment relationship by breach,thus 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 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 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 2

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. 
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. 
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 3

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

Accepted Answer

A) True 
 B)False

Question 4

Jeff had worked for Sweetums Candy Shoppe for the last 12 years.His boss comes in one morning and tells him that although he has always been a great employee,he is being let go for financial reasons.He gives Jeff only two weeks' notice.Jeff checks his employment contract and verifies that the agreement provides that only two weeks' notice is required.Under the terms of the employment standards legislation,Jeff is entitled to a minimum of eight weeks' notice.If Jeff sued for wrongful dismissal,what is the Court likely to find?

Accepted Answer

A)  The contractual term overrides the common law and statutory provisions by virtue of the freedom to contract. Jeff would lose his lawsuit. 
B)  The contractual term does not comply with the legislation, so the Court would substitute the minimum notice period set out in the statute. Jeff would be entitled to eight weeks. 
C)  Jeff is not entitled to any notice. When a business runs into financial difficulty, that it considered just cause to terminate an employee. 
D)  Jeff is entitled to the amount set out in the legislation, plus any amount specified in the contract. Jeff should have been given ten weeks' notice. 
E)  The contractual term does not comply with the legislation, so it is void. The Court would award damages calculated on the basis of a reasonable amount of notice. 
A)  The contractual term overrides the common law and statutory provisions by virtue of the freedom to contract. Jeff would lose his lawsuit. 
B)  The contractual term does not comply with the legislation, so the Court would substitute the minimum notice period set out in the statute. Jeff would be entitled to eight weeks. 
C)  Jeff is not entitled to any notice. When a business runs into financial difficulty, that it considered just cause to terminate an employee. 
D)  Jeff is entitled to the amount set out in the legislation, plus any amount specified in the contract. Jeff should have been given ten weeks' notice. 
E)  The contractual term does not comply with the legislation, so it is void. The Court would award damages calculated on the basis of a reasonable amount of notice.

Question 5

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

Accepted Answer

threats or coercion of employe

Question 6

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.

Question 7

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 8

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

Accepted Answer

A)  Workers' compensation is a voluntary system in place whereby employers, should they so desire, participate in an insurance program covering accidents that take place on the job. 
B)  Workers' compensation in each province is a compulsory program whereby employers participate in an insurance program covering accidents and disease arising from the job. 
C)  If an employee is hurt on the job and it is her own fault, she will not be covered by workers' compensation. 
D)  The workers' compensation system is totally financed through government grants. 
E)  When an employee is injured on the job, the workers' compensation system gives that employee the choice of claiming workers' compensation or suing the employer or fellow employee who caused the injury. 
A)  Workers' compensation is a voluntary system in place whereby employers, should they so desire, participate in an insurance program covering accidents that take place on the job. 
B)  Workers' compensation in each province is a compulsory program whereby employers participate in an insurance program covering accidents and disease arising from the job. 
C)  If an employee is hurt on the job and it is her own fault, she will not be covered by workers' compensation. 
D)  The workers' compensation system is totally financed through government grants. 
E)  When an employee is injured on the job, the workers' compensation system gives that employee the choice of claiming workers' compensation or suing the employer or fellow employee who caused the injury.

Question 9

Which of the following statements is correct with respect to the operation of the collective agreement?

Accepted Answer

A)  All disputes arising out of the enforcement of the collective agreement that cannot be settled by negotiation must be handled by conciliation/mediation. 
B)  All disputes arising out of the enforcement of the collective agreement that cannot be settled by negotiation must be handled by arbitration or another agreed upon method. 
C)  Mediation is a process whereby the mediator/conciliator will hear both sides of the dispute and make a decision binding on the parties. 
D)  Arbitration is a process whereby the mediator/conciliator will hear both sides of the dispute and try to persuade the parties to come to an agreement. 
E)  It is unlawful to include in a collective agreement a provision whereby a new employee must become a member of the union. 
A)  All disputes arising out of the enforcement of the collective agreement that cannot be settled by negotiation must be handled by conciliation/mediation. 
B)  All disputes arising out of the enforcement of the collective agreement that cannot be settled by negotiation must be handled by arbitration or another agreed upon method. 
C)  Mediation is a process whereby the mediator/conciliator will hear both sides of the dispute and make a decision binding on the parties. 
D)  Arbitration is a process whereby the mediator/conciliator will hear both sides of the dispute and try to persuade the parties to come to an agreement. 
E)  It is unlawful to include in a collective agreement a provision whereby a new employee must become a member of the union.

Question 10

If the place of employment is not unionized and there are no provisions in the employment contract concerning termination of employment,which of the following would not be within the rights of the employer and therefore actionable by the employee?

Accepted Answer

A)  An employee is dismissed for incompetence and is given neither notice nor pay in lieu of notice. 
B)  An employee is dismissed because he refused to do a job to which he had just been demoted, and he was given reasonable pay in lieu of notice. 
C)  An employee is dismissed because her employer doesn't like her disposition, and she is given reasonable pay in lieu of notice. 
D)  An employee is dismissed because he was found stealing goods from his employer, and he was given neither notice nor pay in lieu of notice. 
E)  An employee is dismissed because there is no more work to do and is given neither notice nor pay in lieu of notice. 
A)  An employee is dismissed for incompetence and is given neither notice nor pay in lieu of notice. 
B)  An employee is dismissed because he refused to do a job to which he had just been demoted, and he was given reasonable pay in lieu of notice. 
C)  An employee is dismissed because her employer doesn't like her disposition, and she is given reasonable pay in lieu of notice. 
D)  An employee is dismissed because he was found stealing goods from his employer, and he was given neither notice nor pay in lieu of notice. 
E)  An employee is dismissed because there is no more work to do and is given neither notice nor pay in lieu of notice.

Question 11

Picketing by striking employees not just of their own workplace but also of other locations where the employer carries on business is known as ________.

Accepted Answer

The answer of Picketing by striking employees not just of...

Question 12

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

Accepted Answer

hours of work,notice

Question 13

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 14

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 15

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

Accepted Answer

Reasonable notice.Th

Question 16

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

Accepted Answer

A) True 
 B)False

Question 17

Both employers and employees pay employment insurance premiums.

Accepted Answer

A) True 
 B)False

Question 18

Distinguish between arbitration and conciliation or mediation.

Accepted Answer

One year.Conciliation or mediation invol

Question 19

A difference of opinion between an employer and a union in the interpretation of terms in their existing contract 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 20

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

Accepted Answer

A) True 
 B)False

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

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?

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

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

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

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

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

Which of the following statements is correct with respect to the operation of the collective agreement?

If the place of employment is not unionized and there are no provisions in the employment contract concerning termination of employment,which of the following would not be within the rights of the employer and therefore actionable by the employee?

Picketing by striking employees not just of their own workplace but also of other locations where the employer carries on business is known as ________.

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

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?

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

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

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

Both employers and employees pay employment insurance premiums.

Distinguish between arbitration and conciliation or mediation.

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

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

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

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

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?

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

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

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

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

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

Which of the following statements is correct with respect to the operation of the collective agreement?

If the place of employment is not unionized and there are no provisions in the employment contract concerning termination of employment,which of the following would not be within the rights of the employer and therefore actionable by the employee?

Picketing by striking employees not just of their own workplace but also of other locations where the employer carries on business is known as ________.

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

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?

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

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

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

Both employers and employees pay employment insurance premiums.

Distinguish between arbitration and conciliation or mediation.

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

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

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