Question 1

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 2

In which of the following situations would it be legal for the employees to strike?

Accepted Answer

A)  The A.F.I.O. was approached by a group of employees working for Ace Manufacturing Ltd. to see if they would organize the work force and unionize it. When the employer discovered this, he fired that group of workers and the rest went out on strike. 
B)  The A.F.I.O., the properly certified bargaining agent for the employees of Ace Manufacturing Ltd., were demanding an unreasonably high wage settlement from the employer, which would bankrupt the firm if accepted. The employer refused to agree to this and the employees went out on strike. 
C)  A collective agreement was in place between Ace Manufacturing and its employees, and that contract was blatantly breached by the employer, resulting in the employees going out on strike. 
D)  Ace Manufacturing made armaments and some were sold to South Africa. When the employees found this out, they went out on strike, demanding that the practice stop. 
E)  The employer introduced some new policies into the plant that, while they did not violate the terms of the collective agreement in place, were very much resented by the workforce. The employees then participated in a deliberate process of sabotage and slowdown to show their displeasure. 
A)  The A.F.I.O. was approached by a group of employees working for Ace Manufacturing Ltd. to see if they would organize the work force and unionize it. When the employer discovered this, he fired that group of workers and the rest went out on strike. 
B)  The A.F.I.O., the properly certified bargaining agent for the employees of Ace Manufacturing Ltd., were demanding an unreasonably high wage settlement from the employer, which would bankrupt the firm if accepted. The employer refused to agree to this and the employees went out on strike. 
C)  A collective agreement was in place between Ace Manufacturing and its employees, and that contract was blatantly breached by the employer, resulting in the employees going out on strike. 
D)  Ace Manufacturing made armaments and some were sold to South Africa. When the employees found this out, they went out on strike, demanding that the practice stop. 
E)  The employer introduced some new policies into the plant that, while they did not violate the terms of the collective agreement in place, were very much resented by the workforce. The employees then participated in a deliberate process of sabotage and slowdown to show their displeasure.

Question 3

Indicate three obligations of an employee in an employment relationship.

Accepted Answer

To follow any reasonable direc

Question 4

When an employee leaves the job because of constructive dismissal,his only recourse is to complain to the appropriate human rights tribunal.

Accepted Answer

A) True 
 B)False

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.The company dismisses him immediately without any notice or pay in lieu thereof,because of his refusal.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

Under vicarious liability,the employer will not escape liability if the employee negligently hurts the plaintiff while "on a frolic of his own."

Accepted Answer

A) True 
 B)False

Question 7

Joe had worked for Sam's Manufacturing Company for 10 years when Sam told him one day that,because Sam had lost a major contract,he had no work for Joe to do,and Joe was fired as of that time.Explain Joe's legal position.

Accepted Answer

It is not just cause for an employer to

Question 8

Vanessa had been a waitress at Joe's Good Eats for seven years.There had always been differences between Vanessa and Joe because they had radically different views on politics,religion,and sports,but he had always overlooked these differences because he liked her and she was a good waitress.However,one busy day,with the restaurant full of customers,he began ranting about city politics.Vanessa whispered,"Please,Joe,you know I don't agree." It ended with Joe yelling,"I've had it with your radical ideas.Get out!" So Vanessa left.The employees at Joe's were not unionized.If Vanessa sues for unlawful dismissal,she 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 amounts received from other employment 
B)  the amount of pay received in one pay period-e.g., one month if paid monthly 
C)  one week's pay (the statutory minimum) 
D)  nothing 
E)  her regular pay until she finds another job 
A)  the amount that would have been paid during a reasonable notice period less any amounts received from other employment 
B)  the amount of pay received in one pay period-e.g., one month if paid monthly 
C)  one week's pay (the statutory minimum) 
D)  nothing 
E)  her regular pay until she finds another job

Question 9

Which of the following statements more accurately describes an employee rather than an independent contractor?

Accepted Answer

A)  The person is an essential part of an employer's organization. 
B)  The person provides his/her own tools. 
C)  The person is free to represent others in the same business. 
D)  The person determines his or her own work schedule. 
E)  The person has a high level of financial risk. 
A)  The person is an essential part of an employer's organization. 
B)  The person provides his/her own tools. 
C)  The person is free to represent others in the same business. 
D)  The person determines his or her own work schedule. 
E)  The person has a high level of financial risk.

Question 10

Distinguish between a strike and a lockout.

Accepted Answer

The strike occurs when the emp

Question 11

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 12

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 13

Which of the following is a true statement about the employer-employee relationship?

Accepted Answer

A)  The critical factor in this relationship is control; the employer tells the employee not only what to do but also how to do it. 
B)  An employee for a company could not also be an agent at the same time for the company. 
C)  One responsibility of an employer is to provide the employee with lifetime work availability. 
D)  An employee does not owe a fiduciary duty to his or her employer. 
E)  If an employer contracts to paint Mr. Shore's barn and sends the employee out to do the painting, if the employee is not paid he can sue his employer or Mr. Shore for his wage. 
A)  The critical factor in this relationship is control; the employer tells the employee not only what to do but also how to do it. 
B)  An employee for a company could not also be an agent at the same time for the company. 
C)  One responsibility of an employer is to provide the employee with lifetime work availability. 
D)  An employee does not owe a fiduciary duty to his or her employer. 
E)  If an employer contracts to paint Mr. Shore's barn and sends the employee out to do the painting, if the employee is not paid he can sue his employer or Mr. Shore for his wage.

Question 14

An employer is responsible for only those torts committed by an employee that take place while the employee is doing what he was employed to do.

Accepted Answer

A) True 
 B)False

Question 15

What obligations does a union have towards its membership?

Accepted Answer

It has a duty to represent the interests

Question 16

A certified union has exclusive rights to represent the employees,and individual bargaining unit employees are no longer free to enter into separate contractual arrangements with their employer.

Accepted Answer

A) True 
 B)False

Question 17

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 18

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 19

Indicate what is meant by the following terms: union shop,closed shop,agency shop,check off,and maintenance of membership.

Accepted Answer

Union shop: When someone is hired,she is

Question 20

Ordinary employees do not have a fiduciary duty and,unless there is a valid restrictive covenant in their employment contract preventing them from doing so,they are free to compete with their former employer as soon as they leave.

Accepted Answer

A) True 
 B)False

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

In which of the following situations would it be legal for the employees to strike?

Indicate three obligations of an employee in an employment relationship.

When an employee leaves the job because of constructive dismissal,his only recourse is to complain to the appropriate human rights tribunal.

Under vicarious liability,the employer will not escape liability if the employee negligently hurts the plaintiff while "on a frolic of his own."

Joe had worked for Sam's Manufacturing Company for 10 years when Sam told him one day that,because Sam had lost a major contract,he had no work for Joe to do,and Joe was fired as of that time.Explain Joe's legal position.

Which of the following statements more accurately describes an employee rather than an independent contractor?

Distinguish between a strike and a lockout.

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

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?

Which of the following is a true statement about the employer-employee relationship?

An employer is responsible for only those torts committed by an employee that take place while the employee is doing what he was employed to do.

What obligations does a union have towards its membership?

A certified union has exclusive rights to represent the employees,and individual bargaining unit employees are no longer free to enter into separate contractual arrangements with their employer.

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

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

Indicate what is meant by the following terms: union shop,closed shop,agency shop,check off,and maintenance of membership.

Ordinary employees do not have a fiduciary duty and,unless there is a valid restrictive covenant in their employment contract preventing them from doing so,they are free to compete with their former employer as soon as they leave.

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

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

In which of the following situations would it be legal for the employees to strike?

Indicate three obligations of an employee in an employment relationship.

When an employee leaves the job because of constructive dismissal,his only recourse is to complain to the appropriate human rights tribunal.

Under vicarious liability,the employer will not escape liability if the employee negligently hurts the plaintiff while "on a frolic of his own."

Joe had worked for Sam's Manufacturing Company for 10 years when Sam told him one day that,because Sam had lost a major contract,he had no work for Joe to do,and Joe was fired as of that time.Explain Joe's legal position.

Which of the following statements more accurately describes an employee rather than an independent contractor?

Distinguish between a strike and a lockout.

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

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?

Which of the following is a true statement about the employer-employee relationship?

An employer is responsible for only those torts committed by an employee that take place while the employee is doing what he was employed to do.

What obligations does a union have towards its membership?

A certified union has exclusive rights to represent the employees,and individual bargaining unit employees are no longer free to enter into separate contractual arrangements with their employer.

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

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

Indicate what is meant by the following terms: union shop,closed shop,agency shop,check off,and maintenance of membership.

Ordinary employees do not have a fiduciary duty and,unless there is a valid restrictive covenant in their employment contract preventing them from doing so,they are free to compete with their former employer as soon as they leave.

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