Question 1

Which one of the following is correct with respect to employee rights?

Accepted Answer

A)  All employers in public or private sectors now have an obligation to balance their workforce so that an equal number of men and women will be employed. 
B)  Interactions between employees and their employers outside the workplace cannot constitute employment-related harassment. 
C)  Where an employer violates the human rights of an employee, that employee must be prepared to sue to enforce those rights. 
D)  Mandatory retirement at 65 has been abolished by the Supreme Court of Canada. 
E)  There is a duty imposed on the employer to take reasonable steps to accommodate disabled employees. 
A)  All employers in public or private sectors now have an obligation to balance their workforce so that an equal number of men and women will be employed. 
B)  Interactions between employees and their employers outside the workplace cannot constitute employment-related harassment. 
C)  Where an employer violates the human rights of an employee, that employee must be prepared to sue to enforce those rights. 
D)  Mandatory retirement at 65 has been abolished by the Supreme Court of Canada. 
E)  There is a duty imposed on the employer to take reasonable steps to accommodate disabled employees.

Question 2

While a lockout can only take place during the collective bargaining process when there is no contract in force, the employees can also legally strike when the employer breaches a term of a collective agreement that is in force.

Accepted Answer

A) True 
 B)False

Question 3

Explain what it means to bargain "in good faith".

Accepted Answer

This is the characteristic of

Question 4

Keeping in mind both the common law rules governing employment and the legislation passed to improve the position of employees, indicate which of the following statements is false with regard to employment law.

Accepted Answer

A)  When a worker is injured on the job and would have a claim under the Workers' Compensation Act, he has the option of claiming under the Act or directly suing the employer. 
B)  Employment standards legislation in each province sets out some minimum standards with regard to such matters as wages, hours of work, termination, etc. 
C)  The case law provides that an employee is entitled to reasonable notice, and what is reasonable is based on the character of the work, how long the employee has worked there, the worker's age, and the job market. 
D)  Statute law allows workers to unionize without interference by the employer. 
E)  An employer owes an employee reasonable notice and an employee also owes the employer notice if he or she wants to leave. 
A)  When a worker is injured on the job and would have a claim under the Workers' Compensation Act, he has the option of claiming under the Act or directly suing the employer. 
B)  Employment standards legislation in each province sets out some minimum standards with regard to such matters as wages, hours of work, termination, etc. 
C)  The case law provides that an employee is entitled to reasonable notice, and what is reasonable is based on the character of the work, how long the employee has worked there, the worker's age, and the job market. 
D)  Statute law allows workers to unionize without interference by the employer. 
E)  An employer owes an employee reasonable notice and an employee also owes the employer notice if he or she wants to leave.

Question 5

Discuss the legality of mandatory retirement in the context of human rights.

Accepted Answer

There are two sides to the mandatory ret

Question 6

The certification process was introduced to solve which of the following kinds of disputes?

Accepted Answer

A)  Jurisdictional dispute 
B)  Rights dispute 
C)  Interest dispute 
D)  Recognition dispute 
E)  Commercial disputes 
A)  Jurisdictional dispute 
B)  Rights dispute 
C)  Interest dispute 
D)  Recognition dispute 
E)  Commercial disputes

Question 7

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

Accepted Answer

A) True 
 B)False

Question 8

Union employees have a legal obligation to honour (that is, not cross) a properly constituted picket line during a lawful strike or lockout.

Accepted Answer

A) True 
 B)False

Question 9

A lockout involves picketing employees prohibiting both management and other employees form crossing the picket line.

Accepted Answer

A) True 
 B)False

Question 10

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

Accepted Answer

A)  All of the funds used to pay for injuries suffered on the job come from a fund paid into by the government and employees. 
B)  While job-related injuries are covered under the Workers' Compensation Act, illness that results from work is strictly the employee's own problem. 
C)  A worker who is injured on a job that is covered by the Workers' Compensation Act cannot sue his employer over the injury regardless of whether he makes a claim under the Act or not. 
D)  All employers pay similar premiums no mater how dangerous the job. 
E)  A worker who is injured on a job that is covered by the Workers' Compensation Act has the choice of either suing his employer or claiming under the Act with regard to that injury. 
A)  All of the funds used to pay for injuries suffered on the job come from a fund paid into by the government and employees. 
B)  While job-related injuries are covered under the Workers' Compensation Act, illness that results from work is strictly the employee's own problem. 
C)  A worker who is injured on a job that is covered by the Workers' Compensation Act cannot sue his employer over the injury regardless of whether he makes a claim under the Act or not. 
D)  All employers pay similar premiums no mater how dangerous the job. 
E)  A worker who is injured on a job that is covered by the Workers' Compensation Act has the choice of either suing his employer or claiming under the Act with regard to that injury.

Question 11

"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 12

The correction of employment situations where there has been a tradition of racial or gender imbalance is known as ________.
ESSAY. Write your answer in the space provided or on a separate sheet of paper.

Accepted Answer

The answer of The correction of employment situations where there...

Question 13

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

Accepted Answer

A)  conciliation procedure. 
B)  interest dispute. 
C)  jurisdictional dispute. 
D)  certification. 
E)  rights dispute. 
A)  conciliation procedure. 
B)  interest dispute. 
C)  jurisdictional dispute. 
D)  certification. 
E)  rights dispute.

Question 14

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

Accepted Answer

Discussion: This is the main aspect of m

Question 15

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

Accepted Answer

A) True 
 B)False

Question 16

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

Accepted Answer

A) True 
 B)False

Question 17

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

Accepted Answer

A)  A union shop requires that employees become members of the union when they are hired. 
B)  All employees have the right to individually choose whether they will become members of a union when they are hired. 
C)  Under the Charter of Rights and Freedoms, all employees have the right to belong to trade unions and to strike. 
D)  Employees can strike only where the employer has clearly breached the terms of the collective agreement. 
E)  The public has a legal obligation to honour a properly constituted picket line during a lawful strike or lockout. 
A)  A union shop requires that employees become members of the union when they are hired. 
B)  All employees have the right to individually choose whether they will become members of a union when they are hired. 
C)  Under the Charter of Rights and Freedoms, all employees have the right to belong to trade unions and to strike. 
D)  Employees can strike only where the employer has clearly breached the terms of the collective agreement. 
E)  The public has a legal obligation to honour a properly constituted picket line during a lawful strike or lockout.

Question 18

In Samuda v. Recipco Corp., the plaintiff was dismissed from her position, and brought an action for wrongful termination and breach of an employment contract. What did the Court determine?

Accepted Answer

A)  Samuda was in violation of her fiduciary duty, and was not bound to give notice of termination. 
B)  Fiduciary duties cannot arise in the context of a mere employment relationship. 
C)  Samuda was an employee since she was subject to the control and direction of Recipco. 
D)  The level of control and direction was minimal, indicating Samuda to be solely an agent of Recipco. 
E)  Samuda was not an employee since she was not subject to the control and direction of Recipco. 
A)  Samuda was in violation of her fiduciary duty, and was not bound to give notice of termination. 
B)  Fiduciary duties cannot arise in the context of a mere employment relationship. 
C)  Samuda was an employee since she was subject to the control and direction of Recipco. 
D)  The level of control and direction was minimal, indicating Samuda to be solely an agent of Recipco. 
E)  Samuda was not an employee since she was not subject to the control and direction of Recipco.

Question 19

Joe had worked for Sam's Manufacturing Company for ten 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 t

Question 20

The process by which a third party imposes a solution to a dispute on the employer and union is called

Accepted Answer

A)  conciliation. 
B)  binding arbitration. 
C)  mediation. 
D)  job action. 
E)  certification. 
A)  conciliation. 
B)  binding arbitration. 
C)  mediation. 
D)  job action. 
E)  certification.

Which one of the following is correct with respect to employee rights?

While a lockout can only take place during the collective bargaining process when there is no contract in force, the employees can also legally strike when the employer breaches a term of a collective agreement that is in force.

Explain what it means to bargain "in good faith".

Keeping in mind both the common law rules governing employment and the legislation passed to improve the position of employees, indicate which of the following statements is false with regard to employment law.

Discuss the legality of mandatory retirement in the context of human rights.

The certification process was introduced to solve which of the following kinds of disputes?

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

Union employees have a legal obligation to honour (that is, not cross) a properly constituted picket line during a lawful strike or lockout.

A lockout involves picketing employees prohibiting both management and other employees form crossing the picket line.

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

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

The correction of employment situations where there has been a tradition of racial or gender imbalance is known as ________. ESSAY. Write your answer in the space provided or on a separate sheet of paper.

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

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

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

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

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

In Samuda v. Recipco Corp., the plaintiff was dismissed from her position, and brought an action for wrongful termination and breach of an employment contract. What did the Court determine?

Joe had worked for Sam's Manufacturing Company for ten 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.

The process by which a third party imposes a solution to a dispute on the employer and union is called

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputes the Courts and Alternatives to Litigation

Intentional Torts

Negligence, Professional Liability, and Insurance Law

Formation of Contracts

Formation of Contracts Continued

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

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Exam 10: Employment

Which one of the following is correct with respect to employee rights?

While a lockout can only take place during the collective bargaining process when there is no contract in force, the employees can also legally strike when the employer breaches a term of a collective agreement that is in force.

Explain what it means to bargain "in good faith".

Keeping in mind both the common law rules governing employment and the legislation passed to improve the position of employees, indicate which of the following statements is false with regard to employment law.

Discuss the legality of mandatory retirement in the context of human rights.

The certification process was introduced to solve which of the following kinds of disputes?

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

Union employees have a legal obligation to honour (that is, not cross) a properly constituted picket line during a lawful strike or lockout.

A lockout involves picketing employees prohibiting both management and other employees form crossing the picket line.

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

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

The correction of employment situations where there has been a tradition of racial or gender imbalance is known as ________. ESSAY. Write your answer in the space provided or on a separate sheet of paper.

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

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

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

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

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

In Samuda v. Recipco Corp., the plaintiff was dismissed from her position, and brought an action for wrongful termination and breach of an employment contract. What did the Court determine?

Joe had worked for Sam's Manufacturing Company for ten 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.

The process by which a third party imposes a solution to a dispute on the employer and union is called

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputes the Courts and Alternatives to Litigation

Intentional Torts

Negligence, Professional Liability, and Insurance Law

Formation of Contracts

Formation of Contracts Continued

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