Deck 20: The Contract of Employment

Question 1

The usual minimum notice requirement for a week hiring is

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

Answer 1

C

Question 2

Incompetence, disobedience and misconduct justify an ending of the contract of employment for breach, but illness justifies an ending of the contract of employment for

A) breach.
B) mistake.
C) duress.
D) frustration.
E) misrepresentation.

Answer 2

D

Question 3

The relationship of employer and employee is established by

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

Answer 3

D

Question 4

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

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

Question 5

Notice is not required

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 6

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

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 7

In the absence of an express term about notice in a contract of employment, the common law rule is that

A) one day's notice is required.
B) notice is waived.
C) reasonable notice shall be given.
D) one month's notice is required.
E) two month's notice is required.

Question 8

Bob delivers products to retail outlets for Bakeries Inc. Bob was involved in a collision which injured Ada. Ada is suing Bob for negligence, and is seeking to hold Bakeries Inc. vicariously liable foe Bob's negligence. Which of the following would be a defence to vicarious liability on the part of Bakeries Inc.?

A) the accident occurred when Bob was not on the job
B) Bob was driving his own truck at the time of the accident
C) Bob had never been in an accident before
D) Bakeries Inc. had a clause in its contract with Bob that said Bakeries Inc. would not be liable if Bob drove negligently
E) A , B and C would all be defences to vicarious liability

Question 9

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

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

Question 10

Damages for wrongful dismissal

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 11

Dismissal for cause is

A) dismissal for causes specified in the contract of employment.
B) dismissal for unjustified causes.
C) dismissal without notice and further obligation by the employer when the employee's conduct amounts to a breach of contract.
D) dismissal for causes not specified in the contract of employment.
E) dismissal for justified reasons.

Question 12

Which of the following is true?

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 13

Pay equity legislation is intended to

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

Question 14

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

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.

Question 15

Which of the following is not true?

A) The relationship of employer and employee is one of contract in which one party, the employer, enters into a contract with an independent party, the employee, to do a specified task.
B) An employer is not liable for the torts committed by a person to whom and employee has delegated work without the consent of the employer.
C) An employer is not vicariously liable for all torts committed by his or her employees.
D) The distinction between an agent and employee is one of function only.
E) The relationship of employer and employee is one of contract.

Question 16

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

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 17

Which section of the Charter prohibits discrimination on a variety of grounds?

A) Section 34
B) Section 15
C) Section 28
D) Section 17
E) Section 12

Question 18

The usual minimum reasonable notice for a monthly hiring is

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

Question 19

Which of the following is true?

A) The independent contractor is not subject to the supervision of the employer.
B) An independent contractor undertakes to enter into a contract with the employer to perform any work required by the employer, and he employee undertakes not to enter into a contract with the employer.
C) An independent contractor undertakes to perform a specified task, and the employee undertakes to carry out any work required of him or her by the employer.
D) An employer is liable for all torts committed by an employee.

Question 20

If a hiring is general, or indefinite, reasonable notice

A) is two month's notice.
B) depends on all the circumstances of the employment.
C) three month's notice.
D) is one month's notice.
E) three week's notice.

Question 21

Systemic discrimination is

A) discrimination that is harmful.
B) discrimination that is pervasive throughout an employer's work force.
C) discrimination on the basis of sex.
D) discrimination on the basis of race.
E) discrimination on the basis of gender.

Question 22

A closed shop agreement is

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

Question 23

Section 28 of the Charter prohibits discrimination.

Question 24

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

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

Question 25

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

Question 26

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

Question 27

An employer that dismisses an employee can give the employee reasonable notice of termination and avoid paying damages for wrongful dismissal.

Question 28

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

Question 29

Collective bargaining is

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

Question 30

A bargaining agent is

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 31

Explain the purpose of pay equity legislation.

Question 32

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

Question 33

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?

Question 34

Collective bargaining is bargaining between employers and employees.

Question 35

How many ways are there of assessing the wage gap between men and women?

A) 1 way
B) 5 ways
C) 4 ways
D) 3 ways
E) 2 ways

Question 36

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.

Question 37

An employer can dismiss an employee who has done nothing wrong.

Question 38

Systemic discrimination is discrimination on the basis of race.

Question 39

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

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 40

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.

Question 41

How does an independent contractor differ from an employee?

Question 42

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

Question 43

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

Question 44

Explain the concept of dismissal for cause.

Question 45

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 Mar. 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. Give reasons for your answer.

Question 46

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.

Question 47

Explain the types of disputes that can affect trade unions.

Question 48

Pay equity legislation aims to eliminate gender discrimination in employment remuneration. What is the difference between the concept of "equal pay for equal work" and the concept of "equal pay for work of equal value"?

Question 49

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.

Question 50

Explain the implications of collective agreements for employees.

Question 51

What is a closed shop agreement?