Question 1

Explain why picketing can be effective.

Accepted Answer

There is a strong union tradition (but no legal obligation) where union members will not cross another union's picket lines. Therefore, a close-down of a business can be very effective.

Question 2

Indicate three responsibilities of an employer in an employment relationship.

Accepted Answer

Employers must pay wages, provide a safe workplace, provide good working conditions, offer benefits where required, reimburse for expenses, and provide direction.

Question 3

Joe had been working for Sam in a supervisory position for 14 years when Sam called him into the office, told him that he didn't have any more work for him to do, and told him that he would be expected to be off the job and the relationship terminated by the end of the month (1-1/2 weeks away). During his 14 years of employment, Joe had worked in a number of positions, but when he assumed his most recent supervisory position one year prior, he had signed an agreement stating that he was only entitled to one week's notice. This agreement also provided him with a substantial raise. Discuss the legal position of the parties.

Accepted Answer

Since the employee has agreed to one week's notice, that agreement will usually prevail over the common law requirement of reasonable notice, but the one-week notice provision may be void because of the statutory provision in the Employment Standards Act or its equivalent. In that case, the common law provision of reasonable notice would prevail.

Question 4

Which of the following is not an unfair labour practice?

Accepted Answer

A)  A union representative threatens to have an employee beaten if he fails to join the union. 
B)  An employer threatens to have an employee fired if he joins a union. 
C)  An employee is required to join a union as a condition of employment. 
D)  An employer pays higher wages when he learns that a union is trying to organize his employees, with the intention of persuading the employees they don't need a union. 
E)  An employer threatens to start another business that is non-union and transfer all the work to that business. 
A)  A union representative threatens to have an employee beaten if he fails to join the union. 
B)  An employer threatens to have an employee fired if he joins a union. 
C)  An employee is required to join a union as a condition of employment. 
D)  An employer pays higher wages when he learns that a union is trying to organize his employees, with the intention of persuading the employees they don't need a union. 
E)  An employer threatens to start another business that is non-union and transfer all the work to that business.

Question 5

Which of the following statements is correct with respect to the operation of the collective agreement?

Accepted Answer

A)  All disputes arising out of the enforcement of the collective agreement that cannot be settled by negotiation must be handled by conciliation/mediation. 
B)  All disputes arising out of the enforcement of the collective agreement that cannot be settled by negotiation must be handled by arbitration or another agreed-upon method. 
C)  Mediation is a process whereby the mediator/conciliator will hear both sides of the dispute and make a decision binding on the parties. 
D)  Arbitration is a process whereby the mediator/conciliator will hear both sides of the dispute and try to persuade the parties to come to an agreement. 
E)  It is unlawful to include in a collective agreement a provision whereby a new employee must become a member of the union. 
A)  All disputes arising out of the enforcement of the collective agreement that cannot be settled by negotiation must be handled by conciliation/mediation. 
B)  All disputes arising out of the enforcement of the collective agreement that cannot be settled by negotiation must be handled by arbitration or another agreed-upon method. 
C)  Mediation is a process whereby the mediator/conciliator will hear both sides of the dispute and make a decision binding on the parties. 
D)  Arbitration is a process whereby the mediator/conciliator will hear both sides of the dispute and try to persuade the parties to come to an agreement. 
E)  It is unlawful to include in a collective agreement a provision whereby a new employee must become a member of the union.

Question 6

Distinguish between a strike and a lockout.

Accepted Answer

A strike occurs when the emplo

Question 7

Trade unions are exempt from human rights legislation because labour statutes are designated as primacy legislation.

Accepted Answer

A) True 
 B)False

Question 8

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

Accepted Answer

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

Question 9

Which of the following is true with regard to employment law?

Accepted Answer

A)  The traditional test for determining whether or not a person is an employee is to assess the degree of control. That is, an employee could be told not only what to do but how to do it. 
B)  Employees are allowed to strike only when the employer refuses to honour the collective agreement (a rights dispute). 
C)  A lockout is action taken by employees to prevent their employer from operating as normal. 
D)  Constructive dismissal refers to a breach of the employment contract by the employer in which the employer discovered the employee had committed theft. 
E)  If a worker is injured on the job, he can sue the employer for any injuries he may have suffered. 
A)  The traditional test for determining whether or not a person is an employee is to assess the degree of control. That is, an employee could be told not only what to do but how to do it. 
B)  Employees are allowed to strike only when the employer refuses to honour the collective agreement (a rights dispute). 
C)  A lockout is action taken by employees to prevent their employer from operating as normal. 
D)  Constructive dismissal refers to a breach of the employment contract by the employer in which the employer discovered the employee had committed theft. 
E)  If a worker is injured on the job, he can sue the employer for any injuries he may have suffered.

Question 10

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

Question 11

Which one of the following is correct with respect to employee rights?

Accepted Answer

A)  Interactions between employees and their employers outside the workplace cannot constitute employment-related harassment. 
B)  All employers in public or private sectors now have an obligation to balance their workforce so that an equal number of men and women are employed. 
C)  Where an employer violates the human rights of an employee, that employee must be prepared to sue to enforce those rights. 
D)  Mandatory retirement at 65 has been abolished by the Supreme Court of Canada. 
E)  There is a duty imposed on the employer to take reasonable steps to accommodate disabled employees. 
A)  Interactions between employees and their employers outside the workplace cannot constitute employment-related harassment. 
B)  All employers in public or private sectors now have an obligation to balance their workforce so that an equal number of men and women are employed. 
C)  Where an employer violates the human rights of an employee, that employee must be prepared to sue to enforce those rights. 
D)  Mandatory retirement at 65 has been abolished by the Supreme Court of Canada. 
E)  There is a duty imposed on the employer to take reasonable steps to accommodate disabled employees.

Question 12

What is the significance of determining that an employment relationship exists, aside from the statutory significance, employment insurance benefits, workers' compensation benefits, etc.?

Accepted Answer

In common law, the main signif

Question 13

Picketing by striking employees not just of their own workplace but also of other locations where the employer carries on business is known as ________.

Accepted Answer

The answer of Picketing by striking employees not just of...

Question 14

To avoid a complaint of gender discrimination, an employer should do all of the following except

Accepted Answer

A)  permit an employee to breastfeed in the workplace. 
B)  refrain from asking women in job interviews whether they are pregnant or plan to have children. 
C)  ensure that there are an equal number of female and male employees employed by the business. 
D)  accommodate a pregnant woman with respect to her pregnancy. 
E)  reward men and women equally when doing equivalent jobs. 
A)  permit an employee to breastfeed in the workplace. 
B)  refrain from asking women in job interviews whether they are pregnant or plan to have children. 
C)  ensure that there are an equal number of female and male employees employed by the business. 
D)  accommodate a pregnant woman with respect to her pregnancy. 
E)  reward men and women equally when doing equivalent jobs.

Question 15

In the case of Herff Jones Canada Inc. v. Todd, the Court considered a clause in a sales representative's contract that prohibited the representative from working for a competitor for four years. What did the Court hold?

Accepted Answer

A)  The covenant was enforced, despite been overly excessive, on the basis of the principle of the freedom to contract. 
B)  The covenant was enforced because it was reasonable between the parties and reasonable with regard to the public interest. 
C)  The covenant was void because such provisions are in restraint of trade and therefore automatically illegal. 
D)  The covenant was unenforceable because it was not under seal. 
E)  The covenant was unenforceable because such covenants demand independent legal advice prior to execution and none was obtained. 
A)  The covenant was enforced, despite been overly excessive, on the basis of the principle of the freedom to contract. 
B)  The covenant was enforced because it was reasonable between the parties and reasonable with regard to the public interest. 
C)  The covenant was void because such provisions are in restraint of trade and therefore automatically illegal. 
D)  The covenant was unenforceable because it was not under seal. 
E)  The covenant was unenforceable because such covenants demand independent legal advice prior to execution and none was obtained.

Question 16

If the place of employment is not unionized and there are no provisions in the employment contract concerning termination of employment, which of the following would not be within the rights of the employer and therefore actionable by the employee?

Accepted Answer

A)  An employee is dismissed for incompetence and is given neither notice nor pay in lieu of notice. 
B)  An employee is dismissed because he refused to do a job to which he had just been demoted and he is given reasonable pay in lieu of notice. 
C)  An employee is dismissed because his employer doesn't like his disposition and he is given reasonable pay in lieu of notice. 
D)  An employee is dismissed because he was found stealing goods from his employer and he is given neither notice nor pay in lieu of notice. 
E)  An employee is dismissed because there is no more work to do and he is given neither notice or pay in lieu of notice. 
A)  An employee is dismissed for incompetence and is given neither notice nor pay in lieu of notice. 
B)  An employee is dismissed because he refused to do a job to which he had just been demoted and he is given reasonable pay in lieu of notice. 
C)  An employee is dismissed because his employer doesn't like his disposition and he is given reasonable pay in lieu of notice. 
D)  An employee is dismissed because he was found stealing goods from his employer and he is given neither notice nor pay in lieu of notice. 
E)  An employee is dismissed because there is no more work to do and he is given neither notice or pay in lieu of notice.

Question 17

Which of the following statements is correct with respect to the employer's liability for the conduct of the employee?

Accepted Answer

A)  The employer is always liable for the wrongful conduct of his employee. 
B)  An employer is only liable for the wrongful conduct of his employee that takes place during the course of the employment. 
C)  If a person is injured by an employee acting in the course of the job, that person must sue the employer, not the employee. 
D)  Any employee can bind an employer in contract. 
E)  All employees are agents of the employer. 
A)  The employer is always liable for the wrongful conduct of his employee. 
B)  An employer is only liable for the wrongful conduct of his employee that takes place during the course of the employment. 
C)  If a person is injured by an employee acting in the course of the job, that person must sue the employer, not the employee. 
D)  Any employee can bind an employer in contract. 
E)  All employees are agents of the employer.

Question 18

The Wagner Act outlawed the practice of collective bargaining and prohibited trade unions from going on strike.

Accepted Answer

A) True 
 B)False

Question 19

When an employee is dismissed for just cause, the employer need give the employee only two months' notice or the equivalent pay in lieu of that notice.

Accepted Answer

A) True 
 B)False

Question 20

When there is constructive dismissal, the employee has an obligation to mitigate, possibly to the extent of accepting a new position offered by the employer.

Accepted Answer

A) True 
 B)False

Explain why picketing can be effective.

Indicate three responsibilities of an employer in an employment relationship.

Which of the following is not an unfair labour practice?

Which of the following statements is correct with respect to the operation of the collective agreement?

Distinguish between a strike and a lockout.

Trade unions are exempt from human rights legislation because labour statutes are designated as primacy legislation.

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

Which of the following is true with regard to employment law?

Which one of the following is correct with respect to employee rights?

What is the significance of determining that an employment relationship exists, aside from the statutory significance, employment insurance benefits, workers' compensation benefits, etc.?

Picketing by striking employees not just of their own workplace but also of other locations where the employer carries on business is known as ________.

To avoid a complaint of gender discrimination, an employer should do all of the following except

In the case of Herff Jones Canada Inc. v. Todd, the Court considered a clause in a sales representative's contract that prohibited the representative from working for a competitor for four years. What did the Court hold?

If the place of employment is not unionized and there are no provisions in the employment contract concerning termination of employment, which of the following would not be within the rights of the employer and therefore actionable by the employee?

Which of the following statements is correct with respect to the employer's liability for the conduct of the employee?

The Wagner Act outlawed the practice of collective bargaining and prohibited trade unions from going on strike.

When an employee is dismissed for just cause, the employer need give the employee only two months' notice or the equivalent pay in lieu of that notice.

When there is constructive dismissal, the employee has an obligation to mitigate, possibly to the extent of accepting a new position offered by the employer.

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputes: the Courts and Alternatives to Litigation

Intentional Torts and Torts Impacting Business

Negligence, Professional Liability, and Insurance

The Elements of a Contract: Consensus and Consideration

The Elements of a Contract: Capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Agency and Partnership

Corporations

Intellectual Property

Real and Personal Property and Protection of the Environment

Priority of Creditors

Sales and Consumer Protection

Filters

Exam 12: Employment

Explain why picketing can be effective.

Indicate three responsibilities of an employer in an employment relationship.

Which of the following is not an unfair labour practice?

Which of the following statements is correct with respect to the operation of the collective agreement?

Distinguish between a strike and a lockout.

Trade unions are exempt from human rights legislation because labour statutes are designated as primacy legislation.

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

Which of the following is true with regard to employment law?

Which one of the following is correct with respect to employee rights?

What is the significance of determining that an employment relationship exists, aside from the statutory significance, employment insurance benefits, workers' compensation benefits, etc.?

Picketing by striking employees not just of their own workplace but also of other locations where the employer carries on business is known as ________.

To avoid a complaint of gender discrimination, an employer should do all of the following except

In the case of Herff Jones Canada Inc. v. Todd, the Court considered a clause in a sales representative's contract that prohibited the representative from working for a competitor for four years. What did the Court hold?

If the place of employment is not unionized and there are no provisions in the employment contract concerning termination of employment, which of the following would not be within the rights of the employer and therefore actionable by the employee?

Which of the following statements is correct with respect to the employer's liability for the conduct of the employee?

The Wagner Act outlawed the practice of collective bargaining and prohibited trade unions from going on strike.

When an employee is dismissed for just cause, the employer need give the employee only two months' notice or the equivalent pay in lieu of that notice.

When there is constructive dismissal, the employee has an obligation to mitigate, possibly to the extent of accepting a new position offered by the employer.

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputes: the Courts and Alternatives to Litigation

Intentional Torts and Torts Impacting Business

Negligence, Professional Liability, and Insurance

The Elements of a Contract: Consensus and Consideration

The Elements of a Contract: Capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Agency and Partnership

Corporations

Intellectual Property

Real and Personal Property and Protection of the Environment

Priority of Creditors

Sales and Consumer Protection

Filters