Question 1

Which of the following is the best example of a conflict of interest?

Accepted Answer

A) teaching a college course based on skills learned at the workplace 
B) accepting gifts from competitors 
C) giving common sense advice to a friend who is trying to get a job with your employer 
D) not telling your employer that you have been accused of a criminal offence 
E) taking a part-time night job unrelated to your full-time employment 
A) teaching a college course based on skills learned at the workplace 
B) accepting gifts from competitors 
C) giving common sense advice to a friend who is trying to get a job with your employer 
D) not telling your employer that you have been accused of a criminal offence 
E) taking a part-time night job unrelated to your full-time employment B

Question 2

Sonya is an independent contractor,working for Diamond Dave's Deliver-All.While delivering mini-donuts,Sonya inadvertently runs into the back of a parked car and smashes the bumper and back windshield.Luckily no one is hurt.Still,the owner of the car has decided to sue Diamond Dave to collect for the damages done to the car.Under which of the following circumstances will the owner succeed?

Accepted Answer

A) if she is able to prove that the accident happened while Sonya was working 
B) if she is able to prove that the accident was sufficiently connected to Sonya's deliveries 
C) if she is able to prove that Dave told Sonya to drive on that busy street during rush hour 
D) if she is able to prove that Sonya has a string of previous accidents on her record 
E) if she is able to prove that Sonya is not an independent contractor but actually an employee,and therefore Diamond Dave would be vicariously liable for her actions 
A) if she is able to prove that the accident happened while Sonya was working 
B) if she is able to prove that the accident was sufficiently connected to Sonya's deliveries 
C) if she is able to prove that Dave told Sonya to drive on that busy street during rush hour 
D) if she is able to prove that Sonya has a string of previous accidents on her record 
E) if she is able to prove that Sonya is not an independent contractor but actually an employee,and therefore Diamond Dave would be vicariously liable for her actions E

Question 3

Which of the following adaptations to the workplace would not be required of an employer in order to comply with a duty to accommodate?

Accepted Answer

A) creating wheelchair access 
B) installing ergonomic workstations 
C) outfitting an office with a speaker-phone 
D) allowing dogs into the workplace 
E) Building a new office building at a cost of $1 billion to accommodate a single employees sneezing caused by her non-medically diagnosable adverse reaction to "something" in the old building. 
A) creating wheelchair access 
B) installing ergonomic workstations 
C) outfitting an office with a speaker-phone 
D) allowing dogs into the workplace 
E) Building a new office building at a cost of $1 billion to accommodate a single employees sneezing caused by her non-medically diagnosable adverse reaction to "something" in the old building. E

Question 4

Sandy has repeatedly come into work under the influence of drugs and,on several occasions,has been warned that this behaviour cannot continue.List all of the relevant factors that a prudent risk manager will take into account in deciding whether to suspend or dismiss him.

Accepted Answer

In seeking to make a determination as to

Question 5

Which of the following descriptions of workers' compensation schemes is true?

Accepted Answer

A) Compensation for partial disability is based on the difference between pre-accident earning capacity and post-accident spending capacity. 
B) Workers who suffer a partial,though temporary,incapacity are paid the same as they were prior to the accident during the length of their recovery. 
C) If a worker is killed during employment,no money comes out of the accident fund. 
D) Worker compensation schemes are funded through employer on an opt-in basis. 
E) Worker compensation funds are funded though compulsory contributions from employers. 
A) Compensation for partial disability is based on the difference between pre-accident earning capacity and post-accident spending capacity. 
B) Workers who suffer a partial,though temporary,incapacity are paid the same as they were prior to the accident during the length of their recovery. 
C) If a worker is killed during employment,no money comes out of the accident fund. 
D) Worker compensation schemes are funded through employer on an opt-in basis. 
E) Worker compensation funds are funded though compulsory contributions from employers.

Question 6

Stanislov is terminated as a result of an economic downturn.He is given a severance package that includes monies owing for all statutory obligations.He is told that by cashing the cheque,he waives any and all right to sue his employer for further sums.Is this correct?

Accepted Answer

No.These amounts are owing to Stanislov;

Question 7

Which of the following criteria will NOT be considered by the court when deciding whether to award damages for wrongful dismissal?

Accepted Answer

A) whether the employer acted in bad faith during the dismissal process 
B) whether the employee suffered actual psychological damage 
C) whether the way in which the employee was dismissed caused foreseeable mental distress 
D) whether the notice period can be appropriately lengthened in order to compensate the employee for mental distress 
E) the nationality of the employee 
A) whether the employer acted in bad faith during the dismissal process 
B) whether the employee suffered actual psychological damage 
C) whether the way in which the employee was dismissed caused foreseeable mental distress 
D) whether the notice period can be appropriately lengthened in order to compensate the employee for mental distress 
E) the nationality of the employee

Question 8

Which of the following examples of employee behaviour would most likely be seen as disobedience warranting dismissal?

Accepted Answer

A) a repeated failure to follow instructions 
B) criticizing the ways that the employer does business 
C) refusing to carry out duties because of illness 
D) refusing to do as instructed out of a concern for safety 
E) missing work for a day to look after the employee's sick child 
A) a repeated failure to follow instructions 
B) criticizing the ways that the employer does business 
C) refusing to carry out duties because of illness 
D) refusing to do as instructed out of a concern for safety 
E) missing work for a day to look after the employee's sick child

Question 9

Employees (as opposed to independent contractors)are always entitled to reasonable notice or money in lieu regardless of the circumstances of their dismissal.

Accepted Answer

A) True 
 B)False

Question 10

La Batootski Sandwiches Inc is hiring a sandwich maker (due to the enthusiastic response they receive each year from Italian tourists visiting for the summer).In addition to the requirement of being able to make a mean turkey and provolone,which of the following characteristics might be justified as a bona fide occupational requirement?

Accepted Answer

A) ability to converse in Italian 
B) proof of Italian ancestry 
C) proof of an Italian post-secondary education 
D) 20/20 vision 
E) single or married status,but not divorced 
A) ability to converse in Italian 
B) proof of Italian ancestry 
C) proof of an Italian post-secondary education 
D) 20/20 vision 
E) single or married status,but not divorced

Question 11

Graham has worked for a department of the federal government for seven years.For the past six months,he has repeatedly complained to his supervisor,Cheryl,about sexual harassment in the workplace.He claims that several of his colleagues,both female and male,have persistently commented on his physical appearance,asked him for dates even after he rejected their offers,and allowed sexually explicit materials to be seen on work station computers.Cheryl initially responded to Graham's complaints in good nature by telling him to "loosen up," "take a joke," and "be a man,for goodness sake." More recently,however,she has grown impatient,and has simply told him to "get back to work." Which of the following statements is TRUE?

Accepted Answer

A) Graham's claims of harassment will be successful only if he proves that the accused individuals intended to cause him grief. 
B) Graham's employer may be held vicariously liable for failing to actively prevent or inhibit sexual harassment. 
C) While changes have been proposed,it currently is impossible for a man to succeed in an action for sexual harassment. 
D) Sexual harassment requires proof of at least one incident in which the victim was touched in an offensive manner. 
E) This is not sexual harassment but just joking around in the workplace,which is not against the law. 
A) Graham's claims of harassment will be successful only if he proves that the accused individuals intended to cause him grief. 
B) Graham's employer may be held vicariously liable for failing to actively prevent or inhibit sexual harassment. 
C) While changes have been proposed,it currently is impossible for a man to succeed in an action for sexual harassment. 
D) Sexual harassment requires proof of at least one incident in which the victim was touched in an offensive manner. 
E) This is not sexual harassment but just joking around in the workplace,which is not against the law.

Question 12

Tomaj is fired by his employer without reasonable notice and without cause.He is likely entitled to a severance package.

Accepted Answer

A) True 
 B)False

Question 13

Wrongful dismissal occurs when an employee is

Accepted Answer

A) summarily dismissed for wrongful conduct in the course of employment. 
B) dismissed with just cause but without reasonable notice or money in lieu. 
C) dismissed without just cause but with reasonable notice (or money in lieu). 
D) dismissed without just cause and without reasonable notice (or money in lieu). 
E) dismissed for being drunk while at work. 
A) summarily dismissed for wrongful conduct in the course of employment. 
B) dismissed with just cause but without reasonable notice or money in lieu. 
C) dismissed without just cause but with reasonable notice (or money in lieu). 
D) dismissed without just cause and without reasonable notice (or money in lieu). 
E) dismissed for being drunk while at work.

Question 14

Claire stretches crusts at a local pizzeria.One day,Claire showed up 10 minutes late with beer on his breath.(He had a couple of beers a few hours before coming to work. )When asked by his supervisor whether he had been drinking,he told the truth and said that he was not drunk but only energized.And he proved it by stretching pizza crusts twice as fast as either of his two co-workers.Concerned that others would think that drinking before work was an acceptable behaviour,his supervisor decided to make an example of Claire.He sent him home about an hour into the shift and told him that he would receive his final cheque in the mail.Which of the following is most likely true?

Accepted Answer

A) Firing Claire was justified whether or not he posed a serious threat to the safety of the workplace. 
B) Firing Claire was not justified because his job performance was unaffected. 
C) Firing Claire was justified because to do otherwise would have been to condone Claire's behaviour. 
D) Firing Claire was justified because Claire drank alcohol within 48 hours of a shift. 
E) Firing Claire was justified only if he was a known abuser of alcohol. 
A) Firing Claire was justified whether or not he posed a serious threat to the safety of the workplace. 
B) Firing Claire was not justified because his job performance was unaffected. 
C) Firing Claire was justified because to do otherwise would have been to condone Claire's behaviour. 
D) Firing Claire was justified because Claire drank alcohol within 48 hours of a shift. 
E) Firing Claire was justified only if he was a known abuser of alcohol.

Question 15

Percy seems to lack the basic skills necessary to do her job.Which of the following is true?

Accepted Answer

A) To prove incompetence,her employer need only show that her job could have been done better. 
B) To claim this as the ground for summary dismissal,her employer must demonstrate that she once had the skill. 
C) To manage risk,her employer should tell her that her work is substandard,develop a process for improvement,and tell her that she will be fired if she is unable to improve. 
D) To increase profitability,she should be moved into an easier job-even if that means promoting her. 
E) To increase profitability,she should be fired immediately. 
A) To prove incompetence,her employer need only show that her job could have been done better. 
B) To claim this as the ground for summary dismissal,her employer must demonstrate that she once had the skill. 
C) To manage risk,her employer should tell her that her work is substandard,develop a process for improvement,and tell her that she will be fired if she is unable to improve. 
D) To increase profitability,she should be moved into an easier job-even if that means promoting her. 
E) To increase profitability,she should be fired immediately.

Question 16

Jason is a notoriously lazy individual.Consequently,while he recently returned to the workforce after exhausting his eligibility for employment insurance benefits,he is anxious to earn as much as possible while doing no more than is necessary for his new employer,Big Boy Pants and Shoes (BBPS).Which of the following statements is TRUE?

Accepted Answer

A) Employment standards legislation prohibits BBPS from asking Jason to work on a statutory holiday,and must instead ask its employees for volunteers. 
B) Minimum wage rules apply only if Jason is paid on an hourly basis. 
C) Jason is entitled to a 15 minute rest period every 2 hours. 
D) Employment standards legislation states that Jason is entitled to an annual vacation,and that he is entitled to take his vacation whenever he wants to do so. 
E) Jason is entitled to take a statutorily defined time off work to vote on election days. 
A) Employment standards legislation prohibits BBPS from asking Jason to work on a statutory holiday,and must instead ask its employees for volunteers. 
B) Minimum wage rules apply only if Jason is paid on an hourly basis. 
C) Jason is entitled to a 15 minute rest period every 2 hours. 
D) Employment standards legislation states that Jason is entitled to an annual vacation,and that he is entitled to take his vacation whenever he wants to do so. 
E) Jason is entitled to take a statutorily defined time off work to vote on election days.

Question 17

Advertising a job position is risk free because there is no employment relationship at that time.

Accepted Answer

A) True 
 B)False

Question 18

Which of the following best distinguishes constructive dismissal from summary dismissal?

Accepted Answer

A) In the case of constructive dismissal,the employee is offered a settlement package in exchange for a resignation letter. 
B) In the case of constructive dismissal,the employee is dismissed without notice. 
C) In the case of constructive dismissal,the employee is not actually fired. 
D) In the case of summary dismissal,the employee is not actually fired. 
E) In the case of summary dismissal,a unilateral decision to alter an employee's status is said to amount to dismissal. 
A) In the case of constructive dismissal,the employee is offered a settlement package in exchange for a resignation letter. 
B) In the case of constructive dismissal,the employee is dismissed without notice. 
C) In the case of constructive dismissal,the employee is not actually fired. 
D) In the case of summary dismissal,the employee is not actually fired. 
E) In the case of summary dismissal,a unilateral decision to alter an employee's status is said to amount to dismissal.

Question 19

A written release

Accepted Answer

A) is part of a severance package. 
B) is the employer's written promise to bring an end to the employment dispute. 
C) is a provision in the employment contract that allows an employer to dismiss an employee without notice. 
D) is a provision in the employment contract that allows the employee to work for someone else without notice. 
E) is a prudent document to obtain from an employee who has threatened litigation or with whom a settlement has been made for the employee's dismissal by way of settlement package or severance pay. 
A) is part of a severance package. 
B) is the employer's written promise to bring an end to the employment dispute. 
C) is a provision in the employment contract that allows an employer to dismiss an employee without notice. 
D) is a provision in the employment contract that allows the employee to work for someone else without notice. 
E) is a prudent document to obtain from an employee who has threatened litigation or with whom a settlement has been made for the employee's dismissal by way of settlement package or severance pay.

Question 20

An employer found by a court to owe its employee money in lieu of notice will never owe more than the amounts set out in employment standards legislation.

Accepted Answer

A) True 
 B)False

Exam 26: Individual Employment

Which of the following is the best example of a conflict of interest?

Which of the following adaptations to the workplace would not be required of an employer in order to comply with a duty to accommodate?

Sandy has repeatedly come into work under the influence of drugs and,on several occasions,has been warned that this behaviour cannot continue.List all of the relevant factors that a prudent risk manager will take into account in deciding whether to suspend or dismiss him.

Which of the following descriptions of workers' compensation schemes is true?

Stanislov is terminated as a result of an economic downturn.He is given a severance package that includes monies owing for all statutory obligations.He is told that by cashing the cheque,he waives any and all right to sue his employer for further sums.Is this correct?

Which of the following criteria will NOT be considered by the court when deciding whether to award damages for wrongful dismissal?

Which of the following examples of employee behaviour would most likely be seen as disobedience warranting dismissal?

Employees (as opposed to independent contractors)are always entitled to reasonable notice or money in lieu regardless of the circumstances of their dismissal.

Tomaj is fired by his employer without reasonable notice and without cause.He is likely entitled to a severance package.

Wrongful dismissal occurs when an employee is

Percy seems to lack the basic skills necessary to do her job.Which of the following is true?

Advertising a job position is risk free because there is no employment relationship at that time.

Which of the following best distinguishes constructive dismissal from summary dismissal?

A written release

An employer found by a court to owe its employee money in lieu of notice will never owe more than the amounts set out in employment standards legislation.

Risk Management and Sources of Law

Litigation and Alternative Dispute Resolution

Introduction to Torts

Intentional Torts

Miscellaneous Torts Affecting Business

Negligence

The Nature and Creation of Contracts

Consideration and Privity

Representations and Terms

Contractual Defects

Discharge and Breach

Contractual Remedies

Special Contracts: Sale of Goods

Special Contracts: Negotiable Instruments

Real Property: Interests and Leases

Real Property: Sales and Mortgages

Personal Property: Bailment and Insurance

Intellectual Property

Electronic Commerce

Agency and Other Methods of Carrying on Business

Basic Forms of Business Organizations

Legal Rules for Corporate Governance

Secured Transactions

Dealing With Bankruptcy and Insolvency

Government Regulation of Business

Organized Labour

Filters