Exam 6: Agency and Employment

Eastside Nurseries Ltd.,which had long been a family business,was faced with a demand by its workers that it recognize their new organization,a union,for the purposes of collective bargaining.The union was certified by the appropriate governmental board as the bargaining agent for this bargaining unit,but the parties could not reach an agreement as to what should be included in the new collective agreement.Eventually Eastside Nurseries locked out the employees.This sort of dispute is called a(n):

Darren was wrongfully dismissed and filed a lawsuit for compensation.The employer offered to re-employ Darren for the remainder of the notice period.Although there was no animosity and he did not have employment elsewhere,Darren refused to go back to work.Which of the following is correct?

A union shop requires that employees become members of the union when they are hired.

Joe was an employee of Sam and was using his own car to deliver manufactured goods to a client.Since the client was in North Vancouver,the same area where Joe's girlfriend lived,Joe took time out to visit her for lunch.As he approached her house,he was involved in an automobile accident with George.George sued both Joe and his employer.Explain the likely outcome.

What constitutes "just cause"?

Explain what is meant by an undisclosed principal and the significance of such a relationship.

Explain under what circumstances an agent can be liable for his or her conduct rather than the principal being liable.

Explain the employer's duty to accommodate employee disabilities under human rights legislation,including some appropriate examples.

Apparent authority is determined by the representation of the agent.

Distinguish between an employee and an independent contractor.

The president of Acme Co.introduces Bob to a third party as his vice-president of marketing and sales.In reality,however,Acme Co.'s president makes it clear to Bob that he is only the vice-president of marketing and has no authority to make sales.If Bob now enters into a contract for the sale of Acme Co.'s goods to the third party,as between Acme Co.and the third party:

Tim operated his own business and entered into an employment contract with Kimball Industries to provide services and be paid as an independent contractor.Over an extended period of time,Tim worked exclusively for Kimball under the direction of Mr.Kimball,who gave Tim instructions for work he performed each day during established work hours.In the event that Tim committed a tort and a third party filed an action against both Tim and Kimball Industries,how would the court determine who would be held liable for the tort damages?

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

An agency relationship can be created by:

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

Where Joe was given authority to do "anything necessarily incidental" to carrying out his agency function of selling vacuum cleaners for the principal,this gave Joe the authority to borrow money to purchase a car to be used in the business.

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

If Matt is an agent for Art,which of the following is false?

Joe worked in Sam's Manufacturing Plant as supervisor for five years,and for five years prior to that had been foreman.Because of a reorganization,the position of supervisor was eliminated and Joe was reassigned to his old job as night foreman.He refused to take it and sued for wrongful dismissal.What would be the outcome?

Explain when an employer can be held liable for the wrongful acts of an employee.