Question 1

When an employer has hired an employee for a specified period and the time has elapsed

Accepted Answer

A) the employee is required to provide the employer with two months' notice. 
B) the employee is required to provide the employer with reasonable notice. 
C) no notice is required before the termination of the employee's employment. 
D) the employer is required to provide the employee with two months' notice. 
E) the employee is required to apply to a court to terminate the agreement. 
A) the employee is required to provide the employer with two months' notice. 
B) the employee is required to provide the employer with reasonable notice. 
C) no notice is required before the termination of the employee's employment. 
D) the employer is required to provide the employee with two months' notice. 
E) the employee is required to apply to a court to terminate the agreement. C

Question 2

Today it is unlawful for a company to monitor its employees for the purpose of ensuring that they perform their employment duties.

Accepted Answer

A) True 
 B)False  False

Question 3

Briefly identify the type of misconduct an employee is required to commit to provide the employer with the opportunity to dismiss for cause and how the employer benefits financially from a just cause dismissal?

Accepted Answer

Notice of termination need not be provided by an employer where just cause exists.Dismissal for cause is permitted when the employee's conduct amounts to a breach of the employment contract.The employer is then entitled to consider itself discharged from further obligations.Just cause exists if the misconduct violates an essential term of the employment contract,breaches the faith inherent in the relationship,or fundamentally conflicts with the employee's obligation to the employer.

Question 4

An employee's liability does NOT fall within the scope of employment if

Accepted Answer

A) the employee's actions are not related to performance of his or her duties. 
B) the employee carries out his or her duties in an unauthorized manner. 
C) the employee is not at the employer's premises. 
D) the employer is not present. 
E) the employee acts in a manner contrary to the employer's instructions. 
A) the employee's actions are not related to performance of his or her duties. 
B) the employee carries out his or her duties in an unauthorized manner. 
C) the employee is not at the employer's premises. 
D) the employer is not present. 
E) the employee acts in a manner contrary to the employer's instructions.

Question 5

Today,mandatory retirement has been abolished throughout Canada.

Accepted Answer

A) True 
 B)False

Question 6

Jack Machinery Limited is a clothing company.Jake is an employee of the company.Part of the work of Jake includes attending at the home of purchasers to repair machines purchased directly from Jack Machinery and still under warranty.Jake is due to attend at the home of Mary to repair a machine purchased by Mary.He cannot make it,and so he asks a friend,Mike,to attend for him.Mike is not an employee of Jack Machinery Limited.While at the home of Mary,Mike gets into an argument with Mary and during the course of the argument slaps Mary.Can Mary sue Jack Machinery Limited for assault and battery? Explain your answer.

Accepted Answer

An employer is vicariously liable for to

Question 7

Allen,a research technician,has a contract of employment with a research company under which the term of Allen's employment is three years and Allen agrees to a confidentiality clause respecting anything related to the business of the company.Two years into his contract,Allen decides to make some extra money by selling some of the company's new designs to a competitor for $200 000.00.A month later,the company finds out what Allen has done and fires him.In this case

Accepted Answer

A) the company has properly dismissed Allen for breach of the confidentiality clause in his employment contract. 
B) the company has wrongfully dismissed Allen. 
C) the company has properly dismissed Allen because the three-year period of employment is at an end. 
D) the company has constructively dismissed Allen. 
E) the company has properly dismissed Allen for just cause. 
A) the company has properly dismissed Allen for breach of the confidentiality clause in his employment contract. 
B) the company has wrongfully dismissed Allen. 
C) the company has properly dismissed Allen because the three-year period of employment is at an end. 
D) the company has constructively dismissed Allen. 
E) the company has properly dismissed Allen for just cause.

Question 8

Which of the following is NOT relevant in determining how much notice is reasonable in case of wrongful dismissal?

Accepted Answer

A) the age of the employee 
B) the economic situation of the employer 
C) the length of service of the employee 
D) the employee's special expertise and training 
E) the possibilities the employee has for re-employment 
A) the age of the employee 
B) the economic situation of the employer 
C) the length of service of the employee 
D) the employee's special expertise and training 
E) the possibilities the employee has for re-employment

Question 9

Bontel Systems is a computer company.The company is going through a financial crisis,as a result of which the management decides to reduce costs by laying off some workers.The financial crisis excuses the company from providing the employees concerned with notice of termination.

Accepted Answer

A) True 
 B)False

Question 10

Pay equity legislation is intended to

Accepted Answer

A) eliminate gender discrimination in remuneration. 
B) ensure that persons under a disability are accommodated in the workplace. 
C) ensure that employers provide equal working conditions for all employees. 
D) ensure that employers establish reasonable hours of work. 
E) ensure that general working conditions are safe. 
A) eliminate gender discrimination in remuneration. 
B) ensure that persons under a disability are accommodated in the workplace. 
C) ensure that employers provide equal working conditions for all employees. 
D) ensure that employers establish reasonable hours of work. 
E) ensure that general working conditions are safe.

Question 11

A bargaining agent is

Accepted Answer

A) an employee who acts as a mediator between the employees and the employer. 
B) an independent person retained by the employees to enter into negotiations with the employer. 
C) an employee who is nominated by the employees to negotiate with the employer. 
D) a person or persons appointed by the employees and employer to mediate a dispute between the employees and employer. 
E) a union that has been certified by the labour relations board and has the exclusive right to bargain with the employer on behalf of the bargaining unit. 
A) an employee who acts as a mediator between the employees and the employer. 
B) an independent person retained by the employees to enter into negotiations with the employer. 
C) an employee who is nominated by the employees to negotiate with the employer. 
D) a person or persons appointed by the employees and employer to mediate a dispute between the employees and employer. 
E) a union that has been certified by the labour relations board and has the exclusive right to bargain with the employer on behalf of the bargaining unit.

Question 12

Collective bargaining is bargaining between employers and employees.

Accepted Answer

A) True 
 B)False

Question 13

Gerald,who is 59 years old,has been employed by a large telephone company for 14 years in one of the company's top management positions,although there is no formal written contract of employment between them.The company is not doing well financially and wants to let Gerald go,but does not know what kind of notice to give Gerald.If the company comes to you,its lawyer,for advice,you will tell it that the length of the notice period will depend on

Accepted Answer

A) the availability of similar employment given Gerald's experience and education. 
B) Gerald's age. 
C) the fact that Gerald is in a top management position. 
D) the length of Gerald's employment with the company. 
E) all of the above 
A) the availability of similar employment given Gerald's experience and education. 
B) Gerald's age. 
C) the fact that Gerald is in a top management position. 
D) the length of Gerald's employment with the company. 
E) all of the above

Question 14

Jillian is 54 years old.She has worked for D & C Printing Company for 21 years.Her job description includes the supervision of seven employees,scheduling and generally dealing with the administrative issues in the office.As a result of a downturn in the economy her employment is terminated along with a number of other employees.What factors will the court consider in determining how much reasonable notice her employer should provide to Jillian (compared to the younger employees who were supervised by her)given that her termination is without cause?

Accepted Answer

The most significant factors that need t

Question 15

Damages for wrongful dismissal

Accepted Answer

A) is the amount of money that is equivalent to two months' salary. 
B) is the amount of money that is equivalent to six months' salary. 
C) is the amount of money that will compensate the employee for pain and suffering. 
D) is calculated in the same way as damages for the commission of a tort. 
E) is the amount of money that will compensate the employee for failure to receive the required notice of termination. 
A) is the amount of money that is equivalent to two months' salary. 
B) is the amount of money that is equivalent to six months' salary. 
C) is the amount of money that will compensate the employee for pain and suffering. 
D) is calculated in the same way as damages for the commission of a tort. 
E) is the amount of money that will compensate the employee for failure to receive the required notice of termination.

Question 16

A closed shop agreement is

Accepted Answer

A) an agreement between two employees. 
B) a collective agreement that requires all employees to be members of the union. 
C) an agreement between employees and employers regarding the nature of working conditions. 
D) an agreement between various departments or groups of employees. 
E) an agreement respecting the time when shops may be open and closed. 
A) an agreement between two employees. 
B) a collective agreement that requires all employees to be members of the union. 
C) an agreement between employees and employers regarding the nature of working conditions. 
D) an agreement between various departments or groups of employees. 
E) an agreement respecting the time when shops may be open and closed.

Question 17

On what grounds is a business justified in dismissing its employees without notice?

Accepted Answer

As a general rule,notice is required bef

Question 18

George works for a large national company as its vice-president of sales.He earns $120 000.00 a year and is given a company car and gas expense allowance,the total value of which on a yearly basis is $10 000.00.He also receives a yearly bonus of $50 000.00 where the company's sales exceed 1 million dollars a year.John,who is 55 years of age,has just been summarily dismissed by the company.Although John has tried to find alternative employment,he has been unable to do so partly because the company refused to give him a letter of reference and has been telling companies to whom John has applied that John is incompetent,when this is not true at all.Assuming that a reasonable notice period is 14 months,that John received $30 000.00 in Employment Insurance benefits,and that damages under the Wallace decision of $25 000.00 were awarded in another case similar to John's,explain how John's damages would be calculated.

Accepted Answer

First,we would determine what compensati

Question 19

Collective bargaining is

Accepted Answer

A) establishing conditions of employment by negotiation between an employer and the bargaining agent for its employees. 
B) bargaining between employees. 
C) bargaining between employers. 
D) bargaining between employers and employees. 
E) bargaining between certain employees and the employer. 
A) establishing conditions of employment by negotiation between an employer and the bargaining agent for its employees. 
B) bargaining between employees. 
C) bargaining between employers. 
D) bargaining between employers and employees. 
E) bargaining between certain employees and the employer.

Question 20

Pay equity legislation focuses on either equal pay for equal work or equal pay for work of equal value.

Accepted Answer

A) True 
 B)False

Exam 18: The Contract of Employment

When an employer has hired an employee for a specified period and the time has elapsed

Today it is unlawful for a company to monitor its employees for the purpose of ensuring that they perform their employment duties.

Briefly identify the type of misconduct an employee is required to commit to provide the employer with the opportunity to dismiss for cause and how the employer benefits financially from a just cause dismissal?

An employee's liability does NOT fall within the scope of employment if

Today,mandatory retirement has been abolished throughout Canada.

Which of the following is NOT relevant in determining how much notice is reasonable in case of wrongful dismissal?

Bontel Systems is a computer company.The company is going through a financial crisis,as a result of which the management decides to reduce costs by laying off some workers.The financial crisis excuses the company from providing the employees concerned with notice of termination.

Pay equity legislation is intended to

A bargaining agent is

Collective bargaining is bargaining between employers and employees.

Damages for wrongful dismissal

A closed shop agreement is

On what grounds is a business justified in dismissing its employees without notice?

Collective bargaining is

Pay equity legislation focuses on either equal pay for equal work or equal pay for work of equal value.

Law, society, and Business

The Machinery of Justice

Government Regulation of Business

The Law of Torts

Professional Liability: the Legal Challenges

Formation of a Contract: Offer and Acceptance

Formation of a Contract: Consideration and Intention

Formation of a Contract: Capacity to Contract and Legality of Object

Grounds Upon Which a Contract May Be Set Aside: Mistake and Misrepresentation

Writing and Interpretation

Privity of Contract and the Assignment of Contractual Rights

The Discharge of Contracts

Breach of Contract and Its Remedies

Sale of Goods and Consumer Contracts

Bailment and Leasing

Insurance and Guarantee

Agency and Franchising

Negotiable Instruments

Intellectual Property

Interests in Land and Their Transfer

Landlord and Tenant

Mortgages of Land and Real Estate Transactions

Sole Proprietorships and Partnerships

The Nature of a Corporation and Its Formation

Corporate Governance: the Internal Affairs of Corporations

Corporate Governance: External Responsibilities

Secured Transactions

Creditors Rights

International Business Transactions

Electronic Commerce

Privacy

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