Exam 6: Agency and Employment

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?

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 Joe had always overlooked these differences because he liked Vanessa and she was a good waitress.However,on one busy day with the restaurant full of customers,Joe 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?

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

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.

How is certification obtained?

"An agent is free to withhold information from the principal as long as it doesn't hurt the principal." Discuss the accuracy of this statement.

Discuss the role of strikes,lockouts,and picketing,and whether or not they have any place in our present society.

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

Distinguish between a rights dispute and an interest dispute.

A majority of the employees in a workplace must vote in favour of union organization before certification will be granted.

Distinguish between a strike and a lockout.

Julian was wrongfully dismissed from his place of employment.He retained legal counsel who advised him that he should commence a lawsuit for wrongful dismissal.After instructing his lawyer to commence the lawsuit Julian should:

The only situation in which an agent can be sued by a third party is where he or she has gone beyond his or her apparent and actual authority.

Collective agreements must have provisions in them providing for the arbitration of which of the following kinds of disputes?

Discuss the termination of employees and the notice to which they are entitled.

Explain the importance of a carefully drawn employment contract and the challenges a business might face in the absence of such an agreement.

Explain under what circumstances the third party can be sued by the principal in the event of default.

Identify the true statement concerning the law of principal and agent.

Which of the following statements related to an agent's fiduciary duty is correct?

An agent owes a fiduciary duty to the third party to act in that third party's best interest.