Question 1

Which of the following statements is correct with respect to the process by which a union organizes the work force of an employer?

Accepted Answer

A)  An employer can refuse to recognize a trade union or have any dealings with it. 
B)  A union can call the employees it has organized out on strike to force the employer to recognize and deal with that trade union. 
C)  The employer can refuse to have anything to do with the union even after it has successfully completed the certification process. 
D)  Once the union has been certified, the employer must consent to what the union demands in the new contract. 
E)  In most provinces, a trade union must receive government certification through an employee voting process before it has the right to represent the employees in dealings with the employer. 
A)  An employer can refuse to recognize a trade union or have any dealings with it. 
B)  A union can call the employees it has organized out on strike to force the employer to recognize and deal with that trade union. 
C)  The employer can refuse to have anything to do with the union even after it has successfully completed the certification process. 
D)  Once the union has been certified, the employer must consent to what the union demands in the new contract. 
E)  In most provinces, a trade union must receive government certification through an employee voting process before it has the right to represent the employees in dealings with the employer.

Question 2

Which one of the following is just cause for dismissal?

Accepted Answer

A)  Tardiness once in the last two years 
B)  No work to do 
C)  Habitual negligence or incompetence 
D)  Refusal to work in an unsafe work environment 
E)  Absenteeism twice in the last year 
A)  Tardiness once in the last two years 
B)  No work to do 
C)  Habitual negligence or incompetence 
D)  Refusal to work in an unsafe work environment 
E)  Absenteeism twice in the last year

Question 3

"Joe was working for Sam, using his own car to deliver manufactured parts for Sam's business to a client. In the process, Joe was involved in an automobile accident, causing injury to George, a stranger. In these circumstances, George's only recourse is against the employer." Discuss the accuracy of that statement.

Accepted Answer

In fact, George must sue both the employ

Question 4

How is certification obtained?

Accepted Answer

The union representatives attempt to get

Question 5

Discuss why it is significant to find that an employment relationship exists and how such a relationship is determined.

Accepted Answer

Aside from the obvious points that taxes

Question 6

Mr. Koff, a former policeman, was hired to do investigations for the stock exchange. All those hired in this capacity were required to take and pass a course. When it was determined that Koff had cheated on the course's examination, he was fired. Koff, who was not covered by a collective agreement, sued for wrongful dismissal. If the court holds that the employer had cause for dismissal, Koff will be entitled to damages equivalent to which of the following?

Accepted Answer

A)  Nothing 
B)  The amount of pay that would have been received in one pay period, e.g., one month if paid monthly 
C)  Reasonably unmitigable losses 
D)  The amount that would have been paid during a reasonable notice period less any amount received from other employment, E.I., etc. 
E)  Two weeks' pay, the statutory minimum 
A)  Nothing 
B)  The amount of pay that would have been received in one pay period, e.g., one month if paid monthly 
C)  Reasonably unmitigable losses 
D)  The amount that would have been paid during a reasonable notice period less any amount received from other employment, E.I., etc. 
E)  Two weeks' pay, the statutory minimum

Question 7

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

Accepted Answer

A)  The employee is told he will no longer be needed at the completion of the specific job he was hired to do, e.g. paint a bridge. 
B)  The employee is asked to leave after he refuses to do a reasonable but unpleasant task that is part of his employment, when another more junior employee could have been asked to do it. 
C)  The employee is asked to leave because a downturn in the economy has resulted in no work for him to do. 
D)  The employee is asked to leave because he consistently comes to work late as a result of frequent morning traffic jams. 
E)  The employee is told he will no longer be needed at the end of the period of employment specified in the contract, e.g., one year. 
A)  The employee is told he will no longer be needed at the completion of the specific job he was hired to do, e.g. paint a bridge. 
B)  The employee is asked to leave after he refuses to do a reasonable but unpleasant task that is part of his employment, when another more junior employee could have been asked to do it. 
C)  The employee is asked to leave because a downturn in the economy has resulted in no work for him to do. 
D)  The employee is asked to leave because he consistently comes to work late as a result of frequent morning traffic jams. 
E)  The employee is told he will no longer be needed at the end of the period of employment specified in the contract, e.g., one year.

Question 8

When an employee is dismissed for just cause, he is entitled to reasonable notice or pay in lieu of notice.

Accepted Answer

A) True 
 B)False

Question 9

If Joe sued Sam for wrongful dismissal and it was established that Joe was not given the proper notice that he was entitled to, what factors would the courts take into consideration in assessing the damages he's awarded?

Accepted Answer

He must mitigate his losses, and so the

Question 10

Prejudice or bias exercised against a person or class for the purpose of correcting a pattern of discrimination against another person or class is known as ________.

Accepted Answer

Reverse di

Question 11

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

Accepted Answer

The employer is resp

Question 12

Unionized employees can be dismissed without notice if there is no work to do.

Accepted Answer

A) True 
 B)False

Question 13

The only kind of disagreement between union and employer that can lead to a lawful strike is called

Accepted Answer

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

Question 14

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

Accepted Answer

A)  An independent contractor cannot be sure that he will be paid. 
B)  An employee can bind the employer in a contract he enters into on behalf of the employer. 
C)  An employer may be held responsible for torts committed by the employee. 
D)  An employee has the right to wages. 
E)  Employees can withdraw their services. 
A)  An independent contractor cannot be sure that he will be paid. 
B)  An employee can bind the employer in a contract he enters into on behalf of the employer. 
C)  An employer may be held responsible for torts committed by the employee. 
D)  An employee has the right to wages. 
E)  Employees can withdraw their services.

Question 15

In which of the following situations will Smith be responsible for the tortious conduct of Jones?

Accepted Answer

A)  Jones is a independent contractor installing drywall for Smith's grocery store. 
B)  Jones is a secretary working in Smith's office. 
C)  Jones is a self-employed vacuum cleaner salesman and Smith manufactures one of the lines he carries. 
D)  Jones is a computer programmer working for Ace Computer Ltd. and installing new software for Smith's department store. 
E)  Jones is a salesperson Watson's Warehouse visiting Smith's Grocery Store Ltd. 
A)  Jones is a independent contractor installing drywall for Smith's grocery store. 
B)  Jones is a secretary working in Smith's office. 
C)  Jones is a self-employed vacuum cleaner salesman and Smith manufactures one of the lines he carries. 
D)  Jones is a computer programmer working for Ace Computer Ltd. and installing new software for Smith's department store. 
E)  Jones is a salesperson Watson's Warehouse visiting Smith's Grocery Store Ltd.

Question 16

What is the significance of a union becoming certified?

Accepted Answer

Once a union obtains certifica

Question 17

Federal and provincial human rights legislation cover all of the following issues except

Accepted Answer

A)  pay equity. 
B)  harassment. 
C)  disabled workers. 
D)  minimum wage. 
E)  affirmative action. 
A)  pay equity. 
B)  harassment. 
C)  disabled workers. 
D)  minimum wage. 
E)  affirmative action.

Question 18

What obligations does a union have towards its membership?

Accepted Answer

They have a duty to represent the intere

Question 19

Under what circumstances can an employee be terminated without notice?

Accepted Answer

The answer of Under what circumstances can an employee be...

Question 20

"If the Employment Standards Act (or its equivalent in your jurisdiction) states that an employee who has worked for a specific length of time is entitled to up to eight weeks' notice, and the employee you wish to dismiss has worked for that long, you can be sure that's all the notice or pay in lieu of notice that you have to give that employee." Discuss the accuracy of that statement.

Accepted Answer

The Employment Standards Act s

Which of the following statements is correct with respect to the process by which a union organizes the work force of an employer?

Which one of the following is just cause for dismissal?

How is certification obtained?

Discuss why it is significant to find that an employment relationship exists and how such a relationship is determined.

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

When an employee is dismissed for just cause, he is entitled to reasonable notice or pay in lieu of notice.

If Joe sued Sam for wrongful dismissal and it was established that Joe was not given the proper notice that he was entitled to, what factors would the courts take into consideration in assessing the damages he's awarded?

Prejudice or bias exercised against a person or class for the purpose of correcting a pattern of discrimination against another person or class is known as ________.

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

Unionized employees can be dismissed without notice if there is no work to do.

The only kind of disagreement between union and employer that can lead to a lawful strike is called

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

In which of the following situations will Smith be responsible for the tortious conduct of Jones?

What is the significance of a union becoming certified?

Federal and provincial human rights legislation cover all of the following issues except

What obligations does a union have towards its membership?

Under what circumstances can an employee be terminated without notice?

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 of the following statements is correct with respect to the process by which a union organizes the work force of an employer?

Which one of the following is just cause for dismissal?

How is certification obtained?

Discuss why it is significant to find that an employment relationship exists and how such a relationship is determined.

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

When an employee is dismissed for just cause, he is entitled to reasonable notice or pay in lieu of notice.

If Joe sued Sam for wrongful dismissal and it was established that Joe was not given the proper notice that he was entitled to, what factors would the courts take into consideration in assessing the damages he's awarded?

Prejudice or bias exercised against a person or class for the purpose of correcting a pattern of discrimination against another person or class is known as ________.

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

Unionized employees can be dismissed without notice if there is no work to do.

The only kind of disagreement between union and employer that can lead to a lawful strike is called

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

In which of the following situations will Smith be responsible for the tortious conduct of Jones?

What is the significance of a union becoming certified?

Federal and provincial human rights legislation cover all of the following issues except

What obligations does a union have towards its membership?

Under what circumstances can an employee be terminated without notice?

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