Question 1

Trade unions activities are controlled by the courts.

Accepted Answer

A) True 
 B)False

Question 2

Which of the following statements is correct with respect to the employer's liability for the conduct of the employee?

Accepted Answer

A)  The employer is always liable for the wrongful conduct of his employee. 
B)  An employer is only liable for the wrongful conduct of his employee that takes place during the course of the employment. 
C)  If a person is injured by an employee acting in the course of the job, that person must sue the employer, not the employee. 
D)  Any employee can bind an employer in contract. 
E)  All employees are agents of the employer. 
A)  The employer is always liable for the wrongful conduct of his employee. 
B)  An employer is only liable for the wrongful conduct of his employee that takes place during the course of the employment. 
C)  If a person is injured by an employee acting in the course of the job, that person must sue the employer, not the employee. 
D)  Any employee can bind an employer in contract. 
E)  All employees are agents of the employer.

Question 3

Which of the following is an unfair labour practice?

Accepted Answer

A)  A union representative has a conversation with an employee about joining the union. 
B)  An employer threatens to have an employee fired if he joins a union. 
C)  An employee is required to join a union as a condition of employment. 
D)  An employer pays higher wages as part of his annual wage increase, as a union is trying to organize his employees. 
E)  An employer starts another unrelated business that is non-union, as a union tries to organize his employees at the present location. 
A)  A union representative has a conversation with an employee about joining the union. 
B)  An employer threatens to have an employee fired if he joins a union. 
C)  An employee is required to join a union as a condition of employment. 
D)  An employer pays higher wages as part of his annual wage increase, as a union is trying to organize his employees. 
E)  An employer starts another unrelated business that is non-union, as a union tries to organize his employees at the present location.

Question 4

John Li has worked as manager of a video store for six years.Since the 7-Eleven store next door began renting movies for 97 cents,his business has fallen off drastically.Accordingly,the owner of the business told Li that,because the business had fallen on such hard times,he would take over managing and Li would have to take over the counter duties.The present counter clerk would be laid off.The owner also told Li that his wages would be reduced by 15 percent.When Li came to work the next day,he told the owner that he wouldn't accept the job working at the counter.The owner became angry and said,"If you don't like it,then you can leave! I don't have to put up with your insubordination one minute!" Li left and then sued the owner for unlawful dismissal.The owner argued that he had "just cause": economic slowdown and disobedience.Given the above facts,identify the true statement.

Accepted Answer

A)  The owner was justified in firing Li without notice or pay in lieu of notice because of economic slowdown. 
B)  The owner could fire Li without notice or pay in lieu of notice because Li refused his order to take over the counter. 
C)  Li would win the unlawful dismissal action because the owner "dismissed" him by unilaterally changing Li's job without Li's consent and insisting that Li do it. 
D)  The owner cannot dismiss without cause even if he gives proper notice or pay in lieu thereof. 
E)  If Li were wrongfully dismissed, he does not have to mitigate his losses by looking for a new job, until the case has been resolved. 
A)  The owner was justified in firing Li without notice or pay in lieu of notice because of economic slowdown. 
B)  The owner could fire Li without notice or pay in lieu of notice because Li refused his order to take over the counter. 
C)  Li would win the unlawful dismissal action because the owner "dismissed" him by unilaterally changing Li's job without Li's consent and insisting that Li do it. 
D)  The owner cannot dismiss without cause even if he gives proper notice or pay in lieu thereof. 
E)  If Li were wrongfully dismissed, he does not have to mitigate his losses by looking for a new job, until the case has been resolved.

Question 5

Distinguish between the terms "bargaining agent" and "bargaining unit."

Accepted Answer

A bargaining agent is a body c

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

Quite often,public sector empl

Question 7

What is the significance of determining that an employment relationship exists,aside from the statutory significance,employment insurance benefits,workers' compensation benefits,etc.?

Accepted Answer

In common law,the main signifi

Question 8

Discuss the recent developments in human rights law as they relate to the area of employment.In your answer,refer to recent judicial decisions.

Accepted Answer

Students should note that one area of em

Question 9

When there is constructive dismissal,the employee has an obligation to mitigate,possibly to the extent of accepting a new position offered by the employer.

Accepted Answer

A) True 
 B)False

Question 10

Distinguish between an employee and an independent contractor.

Accepted Answer

There are two tests for employment.One i

Question 11

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 damag

Question 12

Prejudice or bias exercised against a person or class for the purpose of correcting a pattern of discrimination against another person or class is known as ________.

Accepted Answer

reverse di

Question 13

If former employees are sued,it is usually for breach of ___________ or for disclosing confidential information.

Accepted Answer

A)  employment contract 
B)  notice periods 
C)  restrictive covenants 
D)  fiduciary duty 
E)  confidence 
A)  employment contract 
B)  notice periods 
C)  restrictive covenants 
D)  fiduciary duty 
E)  confidence

Question 14

Mr.Koff,a former policeman,was hired to do investigations for the stock exchange.All those hired in this capacity were required to take and pass a course.When it was determined that Koff had cheated on the course's examination,he was fired.Koff,who was not covered by a collective agreement,sued for wrongful dismissal.If the court holds that the employer had cause for dismissal,Koff will be entitled to damages equivalent to which of the following?

Accepted Answer

A)  the amount that would have been paid during a reasonable notice period less any amount received from other employment, E.I., etc. 
B)  the amount of pay that would have been received in one pay period-e.g., one month if paid monthly 
C)  two weeks' pay, the statutory minimum 
D)  reasonably unmitigable losses 
E)  nothing 
A)  the amount that would have been paid during a reasonable notice period less any amount received from other employment, E.I., etc. 
B)  the amount of pay that would have been received in one pay period-e.g., one month if paid monthly 
C)  two weeks' pay, the statutory minimum 
D)  reasonably unmitigable losses 
E)  nothing

Question 15

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

Accepted Answer

A provision in collective agre

Question 16

Which of the following statements is correct with respect to the bargaining process in collective bargaining?

Accepted Answer

A)  Employers are required to bargain in good faith, which means that they must be prepared to compromise when their initial offer is refused. 
B)  Once notice has been given by either side, bargaining must commence within the time specified in statute, unless they agree otherwise. 
C)  Once the employer and the union representatives have completed a collective agreement and signed it, it is binding on all parties. No further steps have to be taken. 
D)  Once a union has been certified as the legal bargaining agent of the employees, they are the ones in control of when bargaining takes place. They are the only ones who can give notice to commence bargaining. 
E)  Once a union has been certified, the employer must agree to whatever they represent as the contents of the first contract. 
A)  Employers are required to bargain in good faith, which means that they must be prepared to compromise when their initial offer is refused. 
B)  Once notice has been given by either side, bargaining must commence within the time specified in statute, unless they agree otherwise. 
C)  Once the employer and the union representatives have completed a collective agreement and signed it, it is binding on all parties. No further steps have to be taken. 
D)  Once a union has been certified as the legal bargaining agent of the employees, they are the ones in control of when bargaining takes place. They are the only ones who can give notice to commence bargaining. 
E)  Once a union has been certified, the employer must agree to whatever they represent as the contents of the first contract.

Question 17

"Lawful picketing allows employees to block others from entering their employer's place of business." Explain the accuracy of that statement.

Accepted Answer

Picketing only allows for the

Question 18

Discuss the organization process imposed by labour statutes.In your discussion,comment on the objectives of the legislation and whether those objectives have been met.

Accepted Answer

Most of the violence and confrontation t

Question 19

Mediation is third-party intervention in the negotiation process to force an agreement.

Accepted Answer

A) True 
 B)False

Question 20

There are significant examples of statutes that interfere with the free contractual nature of the employment relationship or otherwise compensate for the inadequacies of the protections given to employees under the common law.Discuss several examples of these statutes in terms of the objectives to be accomplished and whether these objectives have been met.

Accepted Answer

This is meant to have students examine t

Trade unions activities are controlled by the courts.

Which of the following statements is correct with respect to the employer's liability for the conduct of the employee?

Which of the following is an unfair labour practice?

Distinguish between the terms "bargaining agent" and "bargaining unit."

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

What is the significance of determining that an employment relationship exists,aside from the statutory significance,employment insurance benefits,workers' compensation benefits,etc.?

Discuss the recent developments in human rights law as they relate to the area of employment.In your answer,refer to recent judicial decisions.

When there is constructive dismissal,the employee has an obligation to mitigate,possibly to the extent of accepting a new position offered by the employer.

Distinguish between an employee and an independent contractor.

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

Prejudice or bias exercised against a person or class for the purpose of correcting a pattern of discrimination against another person or class is known as ________.

If former employees are sued,it is usually for breach of ___________ or for disclosing confidential information.

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

Which of the following statements is correct with respect to the bargaining process in collective bargaining?

"Lawful picketing allows employees to block others from entering their employer's place of business." Explain the accuracy of that statement.

Discuss the organization process imposed by labour statutes.In your discussion,comment on the objectives of the legislation and whether those objectives have been met.

Mediation is third-party intervention in the negotiation process to force an agreement.

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

Trade unions activities are controlled by the courts.

Which of the following statements is correct with respect to the employer's liability for the conduct of the employee?

Which of the following is an unfair labour practice?

Distinguish between the terms "bargaining agent" and "bargaining unit."

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

What is the significance of determining that an employment relationship exists,aside from the statutory significance,employment insurance benefits,workers' compensation benefits,etc.?

Discuss the recent developments in human rights law as they relate to the area of employment.In your answer,refer to recent judicial decisions.

When there is constructive dismissal,the employee has an obligation to mitigate,possibly to the extent of accepting a new position offered by the employer.

Distinguish between an employee and an independent contractor.

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

Prejudice or bias exercised against a person or class for the purpose of correcting a pattern of discrimination against another person or class is known as ________.

If former employees are sued,it is usually for breach of ___________ or for disclosing confidential information.

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

Which of the following statements is correct with respect to the bargaining process in collective bargaining?

"Lawful picketing allows employees to block others from entering their employer's place of business." Explain the accuracy of that statement.

Discuss the organization process imposed by labour statutes.In your discussion,comment on the objectives of the legislation and whether those objectives have been met.

Mediation is third-party intervention in the negotiation process to force an agreement.

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