Question 1

Which of the following is correct with respect to restrictive covenants included in employment contracts?

Accepted Answer

A)  For such a clause to be valid, it is only necessary to show that it was needed to protect the employer's interest. 
B)  The imposition of such a restriction is at the option of the employer and the employee has no say in the matter. 
C)  Such restrictive covenants are enforceable in court if reasonable and not against the public interest. 
D)  Such restrictive covenants are always void and have no place in employment contracts. 
E)  A void restrictive covenant destroys the whole contractual relationship and neither party has any obligations under the agreement. 
A)  For such a clause to be valid, it is only necessary to show that it was needed to protect the employer's interest. 
B)  The imposition of such a restriction is at the option of the employer and the employee has no say in the matter. 
C)  Such restrictive covenants are enforceable in court if reasonable and not against the public interest. 
D)  Such restrictive covenants are always void and have no place in employment contracts. 
E)  A void restrictive covenant destroys the whole contractual relationship and neither party has any obligations under the agreement.

Question 2

Collective agreements must have provisions in them providing for the arbitration of 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 3

Which of the following statements is correct with respect to remedies for wrongful dismissal?

Accepted Answer

A)  The damages that are payable to the employee are calculated on the basis of what the employee would have received had he been given reasonable notice whether he gets another job or not. 
B)  It is up to the employee to determine the amount of notice he should have been given. 
C)  If the employee gets another job within the period of notice he should have received, that will affect the amount of damages he will receive. 
D)  The court will usually order the employer to take the employee back. 
E)  The court will issue an injunction to prevent the employer from hiring someone else to take the employee's place. 
A)  The damages that are payable to the employee are calculated on the basis of what the employee would have received had he been given reasonable notice whether he gets another job or not. 
B)  It is up to the employee to determine the amount of notice he should have been given. 
C)  If the employee gets another job within the period of notice he should have received, that will affect the amount of damages he will receive. 
D)  The court will usually order the employer to take the employee back. 
E)  The court will issue an injunction to prevent the employer from hiring someone else to take the employee's place.

Question 4

The Employment Standards Act sets a maximum amount of notice or pay in lieu of notice that an employer has to give an employee upon dismissal.

Accepted Answer

A) True 
 B)False

Question 5

Which of the following statements describes picketing?

Accepted Answer

A)  Must be peaceful and merely communicate information 
B)  Permissible where workers cease working because of a dispute over the interpretation of a term of the collective agreement 
C)  Strikers gathered at a place of business can prevent people from doing business with employer. 
D)  Courts or labour relations boards cannot restrict picketing even when regulations are violated. 
E)  Permissible only when contract negotiations are taking place, and there is no lawful strike mandate. 
A)  Must be peaceful and merely communicate information 
B)  Permissible where workers cease working because of a dispute over the interpretation of a term of the collective agreement 
C)  Strikers gathered at a place of business can prevent people from doing business with employer. 
D)  Courts or labour relations boards cannot restrict picketing even when regulations are violated. 
E)  Permissible only when contract negotiations are taking place, and there is no lawful strike mandate.

Question 6

What is the minimum period of time for which a completed collective agreement can be in force?

Accepted Answer

The answer of What is the minimum period of time...

Question 7

Trade unions activities are controlled by the courts.

Accepted Answer

A) True 
 B)False

Question 8

Indicate how much notice an employee is entitled to when being dismissed.

Accepted Answer

Reasonable notice. T

Question 9

For the past seven years, Hudson has worked as vice-president in charge of personnel (a non-union position) for Mountain Enterprises Ltd. As part of a corporate reorganization, the directors of the company decided to downgrade Hudson's position to manager of personnel. Hudson is very upset at this change and consequently refuses to go along with it. The company dismisses him immediately without any notice or pay in lieu thereof, because of his refusal. If Hudson sues for wrongful dismissal, which one of the following statements indicates the most likely outcome of the case?

Accepted Answer

A)  The company will win because they dismissed him, rather than saying he was "fired." 
B)  The company will win because Hudson's refusal constituted "cause." 
C)  Hudson will win because an employer owes its employees a job, unless the employee is convicted of a theft. 
D)  Hudson will win because the company breached the employment contract and he does not have to accept that breach. 
E)  The company will win because non-union employees are always subject to dismissal without notice, because there is no collective agreement. 
A)  The company will win because they dismissed him, rather than saying he was "fired." 
B)  The company will win because Hudson's refusal constituted "cause." 
C)  Hudson will win because an employer owes its employees a job, unless the employee is convicted of a theft. 
D)  Hudson will win because the company breached the employment contract and he does not have to accept that breach. 
E)  The company will win because non-union employees are always subject to dismissal without notice, because there is no collective agreement.

Question 10

Distinguish between the terms bargaining agent and bargaining unit.

Accepted Answer

A bargaining agent is a body c

Question 11

Indicate under what circumstances an employer can dismiss an employee.

Accepted Answer

The employer is free to dismiss an emplo

Question 12

Explain how the Workers' Compensation Act modifies the common law position of injured workers.

Accepted Answer

This is a no-fault insurance scheme wher

Question 13

What is the three-part test used to evaluate if an occupational requirement is justified?

Accepted Answer

Once the complainant shows that a standa

Question 14

Drew got a non-union, senior management level job. After the first day, Drew came to his dad to discuss his obligations to his boss and his boss's obligations to him. Which of the following is false?

Accepted Answer

A)  The employer cannot terminate Drew's employment unless Drew does something wrong. 
B)  Drew owes the employer a fiduciary duty, i.e., a duty to serve the employer's interests above his own. 
C)  The employer owes Drew not only pay, but also some direction. 
D)  Drew must be punctual and obedient. 
E)  If Drew wants to quit, he must give the employer proper notice unless the employer has done some wrong, e.g., given an unreasonable or dangerous order. 
A)  The employer cannot terminate Drew's employment unless Drew does something wrong. 
B)  Drew owes the employer a fiduciary duty, i.e., a duty to serve the employer's interests above his own. 
C)  The employer owes Drew not only pay, but also some direction. 
D)  Drew must be punctual and obedient. 
E)  If Drew wants to quit, he must give the employer proper notice unless the employer has done some wrong, e.g., given an unreasonable or dangerous order.

Question 15

Discuss the recent developments in human rights law as they relate to the area of employment. In your answer, refer to recent judicial decisions.

Accepted Answer

Students should note that one area of em

Question 16

Which of the following statements is correct with respect to picketing?

Accepted Answer

A)  Lawful picketing is an accepted form of protest by workers whether or not a lawful strike is in process. 
B)  Lawful picketing can take place during a rights dispute or a recognition dispute. 
C)  Lawful picketing is the process whereby striking employees forcefully prohibit others from doing business with their employer. 
D)  Lawful picketing cannot take place during a lockout, only during a lawful strike. 
E)  Lawful picketing is the process whereby striking employees attempt to persuade people not to do business with their employer. 
A)  Lawful picketing is an accepted form of protest by workers whether or not a lawful strike is in process. 
B)  Lawful picketing can take place during a rights dispute or a recognition dispute. 
C)  Lawful picketing is the process whereby striking employees forcefully prohibit others from doing business with their employer. 
D)  Lawful picketing cannot take place during a lockout, only during a lawful strike. 
E)  Lawful picketing is the process whereby striking employees attempt to persuade people not to do business with their employer.

Question 17

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?

Accepted Answer

A)  It is an unfair labour practice for an employer to threaten to fire a worker for joining the union. 
B)  A lockout is an action taken by the employer to prevent workers from working and earning a wage. 
C)  Once a union is certified, the union worker will not bargain for his contract; the union will have a bargaining agent who has the authority to negotiate for a contract that will bind all the union workers in that bargaining unit. 
D)  A contract approved by both the employer and the union is called a collective agreement, and it must set out the method for the settlement of disputes that might arise under the agreement. 
E)  Employers can block their workers from organizing themselves as a union as long as they do not use violence or the threat of violence. 
A)  It is an unfair labour practice for an employer to threaten to fire a worker for joining the union. 
B)  A lockout is an action taken by the employer to prevent workers from working and earning a wage. 
C)  Once a union is certified, the union worker will not bargain for his contract; the union will have a bargaining agent who has the authority to negotiate for a contract that will bind all the union workers in that bargaining unit. 
D)  A contract approved by both the employer and the union is called a collective agreement, and it must set out the method for the settlement of disputes that might arise under the agreement. 
E)  Employers can block their workers from organizing themselves as a union as long as they do not use violence or the threat of violence.

Question 18

An option in a collective agreement enabling employees to retain the right not to join the union, though hey are still required to pay union dues, is known as ________.

Accepted Answer

Rand formu

Question 19

Which of the following is not one of the obligations that an employee has to the employer?

Accepted Answer

A)  Skill 
B)  Loyalty 
C)  Follow all orders no matter how unreasonable 
D)  Competence 
E)  Be honest and courteous 
A)  Skill 
B)  Loyalty 
C)  Follow all orders no matter how unreasonable 
D)  Competence 
E)  Be honest and courteous

Question 20

On Friday afternoon, Frieda was told not to return to work because her job was gone. If her employer is in a non-unionized business, and had no "just cause" to dismiss her, which of the following is true?

Accepted Answer

A)  If the employee sues for wrongful dismissal and the court has to determine the appropriate notice period, it would consider, among other things, her sex and religion. 
B)  The amount of notice could be set out in the employment contract, and that amount would override the amount set by the common law, unless it was less than the minimum amount set out in the Employment Standards Act. 
C)  She can elect to have a notice period or to take money in lieu of notice. 
D)  Additional notice must be given even if the employer pays her an amount of money equivalent to the amount of money she would have earned during the notice period. 
E)  The amount of notice to be given her is limited to the employment contract. 
A)  If the employee sues for wrongful dismissal and the court has to determine the appropriate notice period, it would consider, among other things, her sex and religion. 
B)  The amount of notice could be set out in the employment contract, and that amount would override the amount set by the common law, unless it was less than the minimum amount set out in the Employment Standards Act. 
C)  She can elect to have a notice period or to take money in lieu of notice. 
D)  Additional notice must be given even if the employer pays her an amount of money equivalent to the amount of money she would have earned during the notice period. 
E)  The amount of notice to be given her is limited to the employment contract.

Which of the following is correct with respect to restrictive covenants included in employment contracts?

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

Which of the following statements is correct with respect to remedies for wrongful dismissal?

The Employment Standards Act sets a maximum amount of notice or pay in lieu of notice that an employer has to give an employee upon dismissal.

Which of the following statements describes picketing?

What is the minimum period of time for which a completed collective agreement can be in force?

Trade unions activities are controlled by the courts.

Indicate how much notice an employee is entitled to when being dismissed.

Distinguish between the terms bargaining agent and bargaining unit.

Indicate under what circumstances an employer can dismiss an employee.

Explain how the Workers' Compensation Act modifies the common law position of injured workers.

What is the three-part test used to evaluate if an occupational requirement is justified?

Drew got a non-union, senior management level job. After the first day, Drew came to his dad to discuss his obligations to his boss and his boss's obligations to him. Which of the following is false?

Discuss the recent developments in human rights law as they relate to the area of employment. In your answer, refer to recent judicial decisions.

Which of the following statements is correct with respect to picketing?

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?

An option in a collective agreement enabling employees to retain the right not to join the union, though hey are still required to pay union dues, is known as ________.

Which of the following is not one of the obligations that an employee has to the employer?

On Friday afternoon, Frieda was told not to return to work because her job was gone. If her employer is in a non-unionized business, and had no "just cause" to dismiss her, which of the following is true?

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

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Sales and Consumer Protection

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Exam 10: Employment

Which of the following is correct with respect to restrictive covenants included in employment contracts?

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

Which of the following statements is correct with respect to remedies for wrongful dismissal?

The Employment Standards Act sets a maximum amount of notice or pay in lieu of notice that an employer has to give an employee upon dismissal.

Which of the following statements describes picketing?

What is the minimum period of time for which a completed collective agreement can be in force?

Trade unions activities are controlled by the courts.

Indicate how much notice an employee is entitled to when being dismissed.

Distinguish between the terms bargaining agent and bargaining unit.

Indicate under what circumstances an employer can dismiss an employee.

Explain how the Workers' Compensation Act modifies the common law position of injured workers.

What is the three-part test used to evaluate if an occupational requirement is justified?

Drew got a non-union, senior management level job. After the first day, Drew came to his dad to discuss his obligations to his boss and his boss's obligations to him. Which of the following is false?

Discuss the recent developments in human rights law as they relate to the area of employment. In your answer, refer to recent judicial decisions.

Which of the following statements is correct with respect to picketing?

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?

An option in a collective agreement enabling employees to retain the right not to join the union, though hey are still required to pay union dues, is known as ________.

Which of the following is not one of the obligations that an employee has to the employer?

On Friday afternoon, Frieda was told not to return to work because her job was gone. If her employer is in a non-unionized business, and had no "just cause" to dismiss her, which of the following is true?

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