Question 1

Damages for wrongful dismissal

Accepted Answer

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

Question 2

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?

Accepted Answer

A) True 
 B)False

Question 3

The criteria for distinguishing between an employee and an independent contractor do not include

Accepted Answer

A)  the ownership of the tools. 
B)  the rate of pay. 
C)  the chance of profit and risk of loss. 
D)  the degree of integration in relation to the business. 
E)  the degree of control exercised by the employer. 
A)  the ownership of the tools. 
B)  the rate of pay. 
C)  the chance of profit and risk of loss. 
D)  the degree of integration in relation to the business. 
E)  the degree of control exercised by the employer.

Question 4

Where the employment of an employee is not ended for just cause,

Accepted Answer

A)  the conduct of the employer is an anticipatory breach. 
B)  the contract is deemed to have been frustrated. 
C)  the employee may demand to be reinstated. 
D)  the employee may commence an action for wrongful dismissal. 
E)  the termination is voidable. 
A)  the conduct of the employer is an anticipatory breach. 
B)  the contract is deemed to have been frustrated. 
C)  the employee may demand to be reinstated. 
D)  the employee may commence an action for wrongful dismissal. 
E)  the termination is voidable.

Question 5

Pay equity legislation is intended to ensure that employers provide equal working conditions for all employees.

Accepted Answer

A) True 
 B)False

Question 6

Collective bargaining is bargaining between employers and employees.

Accepted Answer

A) True 
 B)False

Question 7

The relationship of employer and employee is established by

Accepted Answer

A)  constitutional law. 
B)  tort law. 
C)  administrative law. 
D)  contract law. 
E)  collective agreement law. 
A)  constitutional law. 
B)  tort law. 
C)  administrative law. 
D)  contract law. 
E)  collective agreement law.

Question 8

A bargaining agent is

Accepted Answer

A)  an independent person retained by the employees to enter into negotiations with the employer. 
B)  an employee who is nominated by the employees to negotiate with the employer. 
C)  an employee who acts as a mediator between the employees and 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 independent person retained by the employees to enter into negotiations with the employer. 
B)  an employee who is nominated by the employees to negotiate with the employer. 
C)  an employee who acts as a mediator between the employees and 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 9

The usual minimum reasonable notice for a monthly hiring is

Accepted Answer

A)  two week's notice. 
B)  one month's notice. 
C)  one week's notice. 
D)  one day's notice. 
E)  no notice. 
A)  two week's notice. 
B)  one month's notice. 
C)  one week's notice. 
D)  one day's notice. 
E)  no notice.

Question 10

James employs several workers in his window washing company. One of these persons is Robert. James does not trust Robert. He believes Robert is disobedient and incompetent. He says Robert is trouble waiting to happen. James dismisses Robert because of this concern. He does not have any concrete evidence regarding his fears. A few days after his dismissal, Robert commences an action for wrongful dismissal. Just before James files his defence to the claim, he receives new information which supports and confirm his fears about Robert. On the basis of this new information he knows that his termination was not wrongful. James cannot use this new information to justify conduct that was carried out prior to the finding of the new information.

Accepted Answer

A) True 
 B)False

Question 11

Which of the following is true?

Accepted Answer

A)  Adverse economic conditions will excuse an employer from his or her obligation to provide reasonable notice of termination. 
B)  Damages for wrongful dismissal are calculated in the same manner as damages for the commission of a tort. 
C)  Damages for wrongful dismissal are calculated by adding the total of six months salary plus benefits for the same period. 
D)  A party injured by a wrongful dismissal is required to act reasonably to mitigate his or her loss. 
E)  To mitigate his or her loss, a dismissed employee is required to take any work that is available. 
A)  Adverse economic conditions will excuse an employer from his or her obligation to provide reasonable notice of termination. 
B)  Damages for wrongful dismissal are calculated in the same manner as damages for the commission of a tort. 
C)  Damages for wrongful dismissal are calculated by adding the total of six months salary plus benefits for the same period. 
D)  A party injured by a wrongful dismissal is required to act reasonably to mitigate his or her loss. 
E)  To mitigate his or her loss, a dismissed employee is required to take any work that is available.

Question 12

Who are the parties to a collective agreement and what is the role of the union in the relationship between the employer and employee?

Accepted Answer

The parties to a collective agreement ar

Question 13

A rights dispute is one that arises between a union and an employer regarding the right of the union to act as the bargaining agent for the employees.

Accepted Answer

A) True 
 B)False

Question 14

Once a union has been certified, employees lose the right to bargain individually with their employer.

Accepted Answer

A) True 
 B)False

Question 15

A bargaining unit is a person or persons appointed by the employees and employer to mediate a labour dispute between the two parties.

Accepted Answer

A) True 
 B)False

Question 16

Before the middle of the 19th century the law relating to employment was composed entirely of

Accepted Answer

A)  human rights statutes and the common law. 
B)  rules of the courts of chancery in England. 
C)  rules of equity. 
D)  rules of tort law including vicarious liability. 
E)  common law rules regarding the relationship of master and servant. 
A)  human rights statutes and the common law. 
B)  rules of the courts of chancery in England. 
C)  rules of equity. 
D)  rules of tort law including vicarious liability. 
E)  common law rules regarding the relationship of master and servant.

Question 17

Explain the purpose of pay equity legislation.

Accepted Answer

Pay equity legislati

Question 18

Notice is not required

Accepted Answer

A)  when the period of employment is three months. 
B)  when the period of employment is only one month. 
C)  when the employee is dismissed for cause. 
D)  when the period of employment is only two months. 
E)  when the period of employment is two weeks. 
A)  when the period of employment is three months. 
B)  when the period of employment is only one month. 
C)  when the employee is dismissed for cause. 
D)  when the period of employment is only two months. 
E)  when the period of employment is two weeks.

Question 19

Which of the following conduct is not a basis for a dismissal for just cause?

Accepted Answer

A)  Misconduct 
B)  Permanent disability 
C)  Ingratitude 
D)  Disobedience 
E)  Incompetence 
A)  Misconduct 
B)  Permanent disability 
C)  Ingratitude 
D)  Disobedience 
E)  Incompetence

Question 20

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

Exam 20: The Contract of Employment

Damages for wrongful dismissal

The criteria for distinguishing between an employee and an independent contractor do not include

Where the employment of an employee is not ended for just cause,

Pay equity legislation is intended to ensure that employers provide equal working conditions for all employees.

Collective bargaining is bargaining between employers and employees.

The relationship of employer and employee is established by

A bargaining agent is

The usual minimum reasonable notice for a monthly hiring is

Which of the following is true?

Who are the parties to a collective agreement and what is the role of the union in the relationship between the employer and employee?

A rights dispute is one that arises between a union and an employer regarding the right of the union to act as the bargaining agent for the employees.

Once a union has been certified, employees lose the right to bargain individually with their employer.

A bargaining unit is a person or persons appointed by the employees and employer to mediate a labour dispute between the two parties.

Before the middle of the 19th century the law relating to employment was composed entirely of

Explain the purpose of pay equity legislation.

Notice is not required

Which of the following conduct is not a basis for a dismissal for just cause?

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

Law and Society

The Machinery of Justice

The Law of Torts

Professional Liability

Formation of a Contract: Offer and Acceptance

Formation of a Contract: Consideration, and Intention to Create Legal Relations

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

Grounds Upon Which a Contract May Be Impeached: Mistake

Grounds Upon Which a Contract May Be Impeached: Misrepresentation, Undue Influence, and Duress

The Requirement of Writing

The Interpretation of Contracts

Privity of Contract and the Assignment of Contractual Rights

The Discharge of Contracts

The Effect of Breach

Remedies for Breach

Sale of Goods

Leasing and Bailment

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

The Internal Affairs of Corporations

The External Responsibilities of a Corporation

Secured Transactions

Creditors Rights

Government Regulation of Business

International Business Transactions

Electronic Commerce

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