Exam 10: Employment

Both employers and employees pay employment insurance premiums.

Which of the following statements is false with respect to the employee's obligation to give the employer notice upon quitting?

Any contractual term that does not comply with the minimum standards set out in the Employment Standards Act is a nullity.

Smith is an employee of ABC Company and wants to persuade the other employees to join a union and become certified, because the wages paid by ABC are less than those that would be paid in a union plant. ABC Company does not want a union. Which of the following is ABC permitted to do?

When one employee sexually harasses another, the only recourse available to the victim is to sue the harassing employee.

The employee's right to strike is limited to which of the following types of disputes?

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 the Eastside Nurseries locked out the employees. This sort of dispute is called

Picketing by striking employees not just of their own workplace but also of other locations where the employer carries on business is known as ________.

Indicate what kinds of restrictions there are on an employer's right to dismiss an employee.

In Tree Savers International Ltd. v. Savoy, two senior key employees left, giving only two weeks' notice, and incorporated a company to compete with their former employer. When they left, they took documents with them, including lists of contacts. When they were sued by their former employer, what did the Court determine?

Jeff had worked for Sweetums Candy Shoppe for the last 12 years. His boss comes in one morning and tells him that although he has always been a great employee, he is being let go for financial reasons. He gives Jeff only 2 weeks' notice. Jeff checks his employment contract and verifies that the agreement provides that only 2 weeks' notice is required. Under the terms of the employment standards legislation, Jeff is entitled to a minimum of 8 weeks' notice. If Jeff sued for wrongful dismissal, what is the Court likely to find?

Why is the distinction between employment and an independent contract important?

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

Distinguish between arbitration and conciliation or mediation.

What conditions must be met first before the employees can go out on strike?

Benoit goes to pick up a shipment from a supplier, but when he arrives, he finds the unionized employees who work there are on strike. Benoit is unsure about whether he can, or should, cross the picket line. Which of the following statements is true?

If the place of employment is not unionized and there are no provisions in the employment contract concerning termination of employment, which of the following would not be within the rights of the employer and therefore actionable by the employee?

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 is correct with respect to the process of conciliation/mediation?

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