Question 1

Dismissal without reasonable notice must be based on employee wrongdoing or a failure to perform the job.

Accepted Answer

A) True 
 B)False

Question 2

Mediation is third-party intervention in the negotiation process to force an agreement.

Accepted Answer

A) True 
 B)False

Question 3

Lyons v. Multari was a case in which an oral surgeon and his new associate signed a short, handwritten contract containing a non-competition clause, in which the associate agreed not to compete for three years within a five-mile area. He breached the agreement and was sued. What did the Court determine?

Accepted Answer

A)  It is only appropriate to enforce a non-competition clause if the agreement is in standard form. 
B)  It is not appropriate to enforce a non-competition clause under any circumstances. 
C)  It is not appropriate to enforce a non-competition clause if a non-solicitation clause would do. 
D)  It is always appropriate to enforce a non-competition clause, as long as the parties have clearly agreed to the provision. 
E)  It is only appropriate to enforce a non-competition clause if the parties have had independent legal advice. 
A)  It is only appropriate to enforce a non-competition clause if the agreement is in standard form. 
B)  It is not appropriate to enforce a non-competition clause under any circumstances. 
C)  It is not appropriate to enforce a non-competition clause if a non-solicitation clause would do. 
D)  It is always appropriate to enforce a non-competition clause, as long as the parties have clearly agreed to the provision. 
E)  It is only appropriate to enforce a non-competition clause if the parties have had independent legal advice.

Question 4

Not only must a non-competition clause be reasonable between the parties, but the party trying to enforce it must show that the clause is necessary to protect some proprietary interest.

Accepted Answer

A) True 
 B)False

Question 5

Which of the following is correct with respect to human rights in the field of employment?

Accepted Answer

A)  If provincial human rights legislation does not extend human rights protection to same-sex couples, the employer can be sure that discriminatory practices in that area will not be actionable. 
B)  If an employee becomes disabled, the employer has no further obligation to that employee and can fire him. 
C)  While an employer cannot discriminate against a prospective employee on the basis of colour, religion, or sex, they can refuse to hire a disabled person. 
D)  Employers have an obligation to accommodate, within reason, the religious beliefs of their employees by, for example, rescheduling shifts to allow for religious holidays. 
E)  While an employer must ensure that managers do not discriminate or harass, they have no control over or obligations for the actions of other employees. 
A)  If provincial human rights legislation does not extend human rights protection to same-sex couples, the employer can be sure that discriminatory practices in that area will not be actionable. 
B)  If an employee becomes disabled, the employer has no further obligation to that employee and can fire him. 
C)  While an employer cannot discriminate against a prospective employee on the basis of colour, religion, or sex, they can refuse to hire a disabled person. 
D)  Employers have an obligation to accommodate, within reason, the religious beliefs of their employees by, for example, rescheduling shifts to allow for religious holidays. 
E)  While an employer must ensure that managers do not discriminate or harass, they have no control over or obligations for the actions of other employees.

Question 6

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)  Her regular pay until she finds another job 
B)  The amount of pay received in one pay period, e.g., one month if paid monthly 
C)  Nothing 
D)  The amount that would have been paid during a reasonable notice period less any amounts received from other employment 
E)  One week's pay (the statutory minimum) 
A)  Her regular pay until she finds another job 
B)  The amount of pay received in one pay period, e.g., one month if paid monthly 
C)  Nothing 
D)  The amount that would have been paid during a reasonable notice period less any amounts received from other employment 
E)  One week's pay (the statutory minimum)

Question 7

John Li has worked as manager of a video store for six years. Since the 7-Eleven store next door began renting movies for 97 cents, his business has fallen off drastically. Accordingly, the owner of the business told Li that, because the business had fallen on such hard times, he would take over managing and Li would have to take over the counter duties. The present counter clerk would be laid off. The owner also told Li that his wages would be reduced by 15%. When Li came to work the next day, he told the owner that he wouldn't accept the job working at the counter. The owner became angry and said, "If you don't like it, then you can leave! I don't have to put up with your insubordination one minute!" Li left and then sued the owner for unlawful dismissal. The owner argued that he had "just cause": economic slowdown and disobedience. Based on the above facts, identify the true statement.

Accepted Answer

A)  The owner cannot dismiss without cause even if he gives proper notice or pay in lieu thereof. 
B)  Li would win the unlawful dismissal action because the owner "dismissed" him by unilaterally changing Li's job without Li's consent and insisting that Li do it. 
C)  The owner could fire Li without notice or pay in lieu of notice because Li refused his order to take over the counter. 
D)  The owner was justified in firing Li without notice or pay in lieu of notice because of economic slowdown. 
E)  If Li were wrongfully dismissed, he does not have to mitigate his losses by looking for a new job, until the case has been resolved. 
A)  The owner cannot dismiss without cause even if he gives proper notice or pay in lieu thereof. 
B)  Li would win the unlawful dismissal action because the owner "dismissed" him by unilaterally changing Li's job without Li's consent and insisting that Li do it. 
C)  The owner could fire Li without notice or pay in lieu of notice because Li refused his order to take over the counter. 
D)  The owner was justified in firing Li without notice or pay in lieu of notice because of economic slowdown. 
E)  If Li were wrongfully dismissed, he does not have to mitigate his losses by looking for a new job, until the case has been resolved.

Question 8

Joe had been working for Sam in a supervisory position for 14 years when Sam called him into the office, told him that he didn't have any more work for him to do, and told him that he would be expected to be off the job and the relationship terminated by the end of the month (1-1/2 weeks away). During those 14 years, Joe had worked in a number of positions, but when he assumed his most recent supervisory position one year prior, he had signed an agreement stating that he was only entitled to one week's notice. This agreement also provided him with a substantial raise. Discuss the legal position of the parties.

Accepted Answer

Since the employee has agreed to one wee

Question 9

Trade unions are exempt from human rights legislation, because labour statutes are designated as primacy legislation.

Accepted Answer

A) True 
 B)False

Question 10

In Robichaud v. Canada (Treasury Board), the Supreme Court of Canada had to determine whether the employer was responsible for the sexual harassment committed by another employee. What did the Court find?

Accepted Answer

A)  Such behaviour constitutes discrimination on the basis of gender and, under the Canadian Human Rights Act, the employer was liable for such acts. 
B)  Such behaviour is juvenile, but the employee is contributorily liable, as she must have encouraged the attention in some way. 
C)  Such behaviour does not constitute discrimination, so the employee's only recourse is a tort law action. 
D)  Such behaviour constitutes discrimination on the basis of gender but, unless the employer actively encouraged this conduct, the employer cannot be liable. 
E)  Such behaviour is regrettable, but not actionable under the Canadian Human Rights Act. 
A)  Such behaviour constitutes discrimination on the basis of gender and, under the Canadian Human Rights Act, the employer was liable for such acts. 
B)  Such behaviour is juvenile, but the employee is contributorily liable, as she must have encouraged the attention in some way. 
C)  Such behaviour does not constitute discrimination, so the employee's only recourse is a tort law action. 
D)  Such behaviour constitutes discrimination on the basis of gender but, unless the employer actively encouraged this conduct, the employer cannot be liable. 
E)  Such behaviour is regrettable, but not actionable under the Canadian Human Rights Act.

Question 11

Indicate three responsibilities of an employer in an employment relationship.

Accepted Answer

To pay wages, provide a safe w

Question 12

To what does the term "check-off provision" refer?

Accepted Answer

A provision in in collective a

Question 13

Which of the following statements is correct with respect to the operation of the collective agreement?

Accepted Answer

A)  It is unlawful to include in a collective agreement a provision whereby a new employee must become a member of the union. 
B)  Arbitration is a process whereby the mediator/conciliator will hear both sides of the dispute and try to persuade the parties to come to an agreement. 
C)  All disputes arising out of the enforcement of the collective agreement that cannot be settled by negotiation must be handled by conciliation/mediation. 
D)  All disputes arising out of the enforcement of the collective agreement that cannot be settled by negotiation must be handled by arbitration or another agreed upon method. 
E)  Mediation is a process whereby the mediator/conciliator will hear both sides of the dispute and make a decision binding on the parties. 
A)  It is unlawful to include in a collective agreement a provision whereby a new employee must become a member of the union. 
B)  Arbitration is a process whereby the mediator/conciliator will hear both sides of the dispute and try to persuade the parties to come to an agreement. 
C)  All disputes arising out of the enforcement of the collective agreement that cannot be settled by negotiation must be handled by conciliation/mediation. 
D)  All disputes arising out of the enforcement of the collective agreement that cannot be settled by negotiation must be handled by arbitration or another agreed upon method. 
E)  Mediation is a process whereby the mediator/conciliator will hear both sides of the dispute and make a decision binding on the parties.

Question 14

What significant differences are there between the rights associated with public sector employees and those associated with private sector unionized employees?

Accepted Answer

Quite often, public sector emp

Question 15

"Once a picket line is properly set up, no one can cross it." Explain the accuracy of that statement.

Accepted Answer

There is no legal ob

Question 16

Which of the following is not an unfair labour practice?

Accepted Answer

A)  An employer pays higher wages when he learns that a union is trying to organize his employees, with the intention of persuading the employees they don't need a union. 
B)  An employer threatens to have an employee fired if he joins a union. 
C)  A union representative threatens to have an employee beaten if he fails to join the union. 
D)  An employer threatens to start another business that is non-union and transfer all the work to that business. 
E)  An employee is required to join a union as a condition of employment. 
A)  An employer pays higher wages when he learns that a union is trying to organize his employees, with the intention of persuading the employees they don't need a union. 
B)  An employer threatens to have an employee fired if he joins a union. 
C)  A union representative threatens to have an employee beaten if he fails to join the union. 
D)  An employer threatens to start another business that is non-union and transfer all the work to that business. 
E)  An employee is required to join a union as a condition of employment.

Question 17

Which of the following statements is correct with respect to the employer's liability for the conduct of the employee?

Accepted Answer

A)  All employees are agents of the employer. 
B)  An employer is only liable for the wrongful conduct of his employee that takes place during the course of the employment. 
C)  Any employee can bind an employer in contract. 
D)  If a person is injured by an employee acting in the course of the job, that person must sue the employer, not the employee. 
E)  The employer is always liable for the wrongful conduct of his employee. 
A)  All employees are agents of the employer. 
B)  An employer is only liable for the wrongful conduct of his employee that takes place during the course of the employment. 
C)  Any employee can bind an employer in contract. 
D)  If a person is injured by an employee acting in the course of the job, that person must sue the employer, not the employee. 
E)  The employer is always liable for the wrongful conduct of his employee.

Question 18

To what does the term "grievance process" refer?

Accepted Answer

This is the procedur

Question 19

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 20

Trade unions were once considered illegal organizations with no status separate from their membership.
SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question.

Accepted Answer

A) True 
 B)False

Dismissal without reasonable notice must be based on employee wrongdoing or a failure to perform the job.

Mediation is third-party intervention in the negotiation process to force an agreement.

Not only must a non-competition clause be reasonable between the parties, but the party trying to enforce it must show that the clause is necessary to protect some proprietary interest.

Which of the following is correct with respect to human rights in the field of employment?

Trade unions are exempt from human rights legislation, because labour statutes are designated as primacy legislation.

In Robichaud v. Canada (Treasury Board), the Supreme Court of Canada had to determine whether the employer was responsible for the sexual harassment committed by another employee. What did the Court find?

Indicate three responsibilities of an employer in an employment relationship.

To what does the term "check-off provision" refer?

Which of the following statements is correct with respect to the operation of the collective agreement?

What significant differences are there between the rights associated with public sector employees and those associated with private sector unionized employees?

"Once a picket line is properly set up, no one can cross it." Explain the accuracy of that statement.

Which of the following is not an unfair labour practice?

Which of the following statements is correct with respect to the employer's liability for the conduct of the employee?

To what does the term "grievance process" refer?

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.

Trade unions were once considered illegal organizations with no status separate from their membership. SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question.

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

Exam 10: Employment

Dismissal without reasonable notice must be based on employee wrongdoing or a failure to perform the job.

Mediation is third-party intervention in the negotiation process to force an agreement.

Not only must a non-competition clause be reasonable between the parties, but the party trying to enforce it must show that the clause is necessary to protect some proprietary interest.

Which of the following is correct with respect to human rights in the field of employment?

Trade unions are exempt from human rights legislation, because labour statutes are designated as primacy legislation.

In Robichaud v. Canada (Treasury Board), the Supreme Court of Canada had to determine whether the employer was responsible for the sexual harassment committed by another employee. What did the Court find?

Indicate three responsibilities of an employer in an employment relationship.

To what does the term "check-off provision" refer?

Which of the following statements is correct with respect to the operation of the collective agreement?

What significant differences are there between the rights associated with public sector employees and those associated with private sector unionized employees?

"Once a picket line is properly set up, no one can cross it." Explain the accuracy of that statement.

Which of the following is not an unfair labour practice?

Which of the following statements is correct with respect to the employer's liability for the conduct of the employee?

To what does the term "grievance process" refer?

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.

Trade unions were once considered illegal organizations with no status separate from their membership. SHORT ANSWER. Write the word or phrase that best completes each statement or answers the question.

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