Question 1

The distinction between an employee and an independent contractor for the purposes of vicarious liability is increasingly being called into question by the courts.

Accepted Answer

A) True 
 B)False  True

Question 2

Hamal asked Rolene to a lunch meeting.During lunch,he suggested Rolene would enjoy better remuneration and opportunities for advancement with his company.One week later,Rolene gave her employer one month's notice of her termination of employment.In these circumstances,which of the following would provide the strongest support for a legal action by Rolene's former employer?

Accepted Answer

A)  Rolene is obliged to give adequate notice of termination to an employer. 
B)  Rolene's ability to work for competitors is limited by restrictive covenants. 
C)  Rolene owes fiduciary obligations to her past employer. 
D)  Rolene's past employer may sue Hamal for inducing breach of contract. 
A)  Rolene is obliged to give adequate notice of termination to an employer. 
B)  Rolene's ability to work for competitors is limited by restrictive covenants. 
C)  Rolene owes fiduciary obligations to her past employer. 
D)  Rolene's past employer may sue Hamal for inducing breach of contract. D

Question 3

Which of the following rights is typically set out in employment standards legislation?

Accepted Answer

A)  the right to freedom from discrimination 
B)  the right to unionize 
C)  the right to vacations and vacation pay 
D)  the right to safe working conditions 
A)  the right to freedom from discrimination 
B)  the right to unionize 
C)  the right to vacations and vacation pay 
D)  the right to safe working conditions C

Question 4

Tara is a website designer and has arranged to meet with Barb at a coffee shop to discuss a website Barb's company would like pay Tara to design.If Tara undertakes this project,which of the following will most likely result?

Accepted Answer

A)  Barb will assume vicarious liability for Tara's torts. 
B)  Barb will be obliged to remit payroll taxes from Tara's earnings. 
C)  Tara's work will be integral to the business. 
D)  An independent contractual arrangement will be drawn up. 
A)  Barb will assume vicarious liability for Tara's torts. 
B)  Barb will be obliged to remit payroll taxes from Tara's earnings. 
C)  Tara's work will be integral to the business. 
D)  An independent contractual arrangement will be drawn up.

Question 5

The less direction and supervision provided by the employer,the more likely that the relationship is one of employment.

Accepted Answer

A) True 
 B)False

Question 6

What would a legal risk manager say offers the strongest support for an employer developing and implementing a workplace harassment policy?

Accepted Answer

A)  The employer's liability remains intact,but penalties will be less or nonexistent. 
B)  The employer will be relieved from vicarious liability for offending the employee's actions. 
C)  The employer's prima facie interest in workplace safety mitigates the risk of loss. 
D)  The employer's quick and effective response cancels negligent hiring liability. 
A)  The employer's liability remains intact,but penalties will be less or nonexistent. 
B)  The employer will be relieved from vicarious liability for offending the employee's actions. 
C)  The employer's prima facie interest in workplace safety mitigates the risk of loss. 
D)  The employer's quick and effective response cancels negligent hiring liability.

Question 7

The federal Employment Equity Act requires all employers to address the underrepresentation of certain groups in their organizations.

Accepted Answer

A) True 
 B)False

Question 8

Systemic discrimination involves the application of a rule that appears to be neutral but has discriminatory effects.

Accepted Answer

A) True 
 B)False

Question 9

Which of the following would be most strongly supported by the need for an employer to establish the lack of consent to a prohibited act,its reasonable steps to prevent the act being committed,and subsequent reasonable steps to mitigate or avoid the act's consequences?

Accepted Answer

A)  negligent hiring defence 
B)  negligent death defence 
C)  BFOR defence 
D)  due diligence defence 
A)  negligent hiring defence 
B)  negligent death defence 
C)  BFOR defence 
D)  due diligence defence

Question 10

A body that administers labour relations legislation and recognizes certification of a union as a bargaining agent for a group of employees is typically described as the industrial labour relations board.

Accepted Answer

A) True 
 B)False

Question 11

A defence that excuses discrimination on a prohibited ground when it is done in good faith and for a legitimate business reason is legally known as a bona fide occupational requirement.

Accepted Answer

A) True 
 B)False

Question 12

Employers always have the right to impose random drug testing programs in the workplace.

Accepted Answer

A) True 
 B)False

Question 13

Once the parties have entered into the collective bargaining process,each is bound by a duty of good faith to make substantive efforts to negotiate a collective agreement that provides for grievance and arbitration procedures for resolving disputes as opposed to strikes by employees and lockouts by employers.

Accepted Answer

A) True 
 B)False

Question 14

Sofia is a bank manager.What would be the most likely result if Sofia becomes injured in the course of her employment?

Accepted Answer

A)  The nature of her employment relationship will be determined according to its duration. 
B)  She will be protected and compensated by federal legislation. 
C)  She will be protected and compensated by provincial legislation. 
D)  Special public sector employees' legislation will protect her interests. 
A)  The nature of her employment relationship will be determined according to its duration. 
B)  She will be protected and compensated by federal legislation. 
C)  She will be protected and compensated by provincial legislation. 
D)  Special public sector employees' legislation will protect her interests.

Question 15

Human rights legislation prohibits all types of discrimination in employment.

Accepted Answer

A) True 
 B)False

Question 16

Six months ago,Mr.Black was hired to manage Tamara's department.Since then,she has reported two incidents of sexual harassment to her human resources manager.Tamara is now very uncomfortable under Mr.Black's supervision,and her health and work performance have suffered.Which of the following is a valid concern for the company's human resources manager in these circumstances?

Accepted Answer

A)  Employer liability for negligent hiring is the incentive for the prevention of such torts. 
B)  Tamara is simply responding in a personal capacity to a perceived affront. 
C)  Employees who hold management positions are exempt from vicarious liability. 
D)  Employers lack sufficient ability to control the conduct of managers. 
A)  Employer liability for negligent hiring is the incentive for the prevention of such torts. 
B)  Tamara is simply responding in a personal capacity to a perceived affront. 
C)  Employees who hold management positions are exempt from vicarious liability. 
D)  Employers lack sufficient ability to control the conduct of managers.

Question 17

List the general categories of benefits covered by most employment standards legislation.

Accepted Answer

Following are the general categories of

Question 18

What governing body was given the role of enforcing employment equity legislation?

Accepted Answer

A)  the Canadian Human Rights Commission 
B)  provincial human rights commissions 
C)  the Supreme Court of Canada 
D)  the Canadian Employment Standards Commission 
A)  the Canadian Human Rights Commission 
B)  provincial human rights commissions 
C)  the Supreme Court of Canada 
D)  the Canadian Employment Standards Commission

Question 19

Which of the following is a key purpose of workers' compensation legislation?

Accepted Answer

A)  to provide a mechanism for enforcing employment standards 
B)  to permit injured employees to sue their employers 
C)  to provide a type of no-fault insurance scheme 
D)  to permit injured employees to sue careless co-workers 
A)  to provide a mechanism for enforcing employment standards 
B)  to permit injured employees to sue their employers 
C)  to provide a type of no-fault insurance scheme 
D)  to permit injured employees to sue careless co-workers

Question 20

Which of the following groups is protected by the Employment Equity Act?

Accepted Answer

A)  women,visible minorities,disabled people,Aboriginal peoples 
B)  women,children,disabled people,Aboriginal peoples 
C)  visible minorities,the elderly,and women 
D)  visible minorities,women,and religious minorities 
A)  women,visible minorities,disabled people,Aboriginal peoples 
B)  women,children,disabled people,Aboriginal peoples 
C)  visible minorities,the elderly,and women 
D)  visible minorities,women,and religious minorities

Exam 20: The Employment Relationship

The distinction between an employee and an independent contractor for the purposes of vicarious liability is increasingly being called into question by the courts.

Which of the following rights is typically set out in employment standards legislation?

Tara is a website designer and has arranged to meet with Barb at a coffee shop to discuss a website Barb's company would like pay Tara to design.If Tara undertakes this project,which of the following will most likely result?

The less direction and supervision provided by the employer,the more likely that the relationship is one of employment.

What would a legal risk manager say offers the strongest support for an employer developing and implementing a workplace harassment policy?

The federal Employment Equity Act requires all employers to address the underrepresentation of certain groups in their organizations.

Systemic discrimination involves the application of a rule that appears to be neutral but has discriminatory effects.

Which of the following would be most strongly supported by the need for an employer to establish the lack of consent to a prohibited act,its reasonable steps to prevent the act being committed,and subsequent reasonable steps to mitigate or avoid the act's consequences?

A body that administers labour relations legislation and recognizes certification of a union as a bargaining agent for a group of employees is typically described as the industrial labour relations board.

A defence that excuses discrimination on a prohibited ground when it is done in good faith and for a legitimate business reason is legally known as a bona fide occupational requirement.

Employers always have the right to impose random drug testing programs in the workplace.

Sofia is a bank manager.What would be the most likely result if Sofia becomes injured in the course of her employment?

Human rights legislation prohibits all types of discrimination in employment.

List the general categories of benefits covered by most employment standards legislation.

What governing body was given the role of enforcing employment equity legislation?

Which of the following is a key purpose of workers' compensation legislation?

Which of the following groups is protected by the Employment Equity Act?

Knowledge of Law As a Business Asset

The Canadian Legal System

Managing Legal Risks

Dispute Resolution

An Introduction to Contracts

Forming Contractual Relationships

The Terms of a Contract

Non-Enforcement of Contracts

Termination and Enforcement of Contracts

Introduction to Tort Law

The Tort of Negligence

Other Torts

The Agency Relationship

Business Forms and Arrangements

The Corporate Form: Organizational Matters

The Corporate Form: Operational Matters

Introduction to Property Law

Intellectual Property

Real Property

Terminating the Employment Relationship

Professional Services

The Sale of Goods

Consumer Protection and Competition Law

Business and Banking

The Legal Aspects of Credit

Bankruptcy and Insolvency

Insurance

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