Deck 20: The Employment Relationship

Question 1

Although he has appropriate skills and training,Ranjit has been turned down for a job opening at a construction site because he cannot remove his turban based on his religious beliefs and is unable to wear a hardhat.What would a human rights commission most likely determine if Ranjit was to make a complaint?

A) adverse effects discrimination based on a bona fide occupational requirement
B) systemic discrimination on the basis of religion or creed
C) no duty to accommodate on the part of the employer
D) direct discrimination not based on a bona fide occupational requirement

Answer 1

A

Question 2

A court has decided that work performed by an individual was NOT integral to the business.Which of the following is strongly supported by this finding?

A) The worker is an independent contractor.
B) The worker is an employee.
C) The employer is vicariously liable for the torts committed by the individual.
D) The employer must pay the individual statutory employment benefits.

Answer 2

A

Question 3

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?

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.

Answer 3

A

Question 4

Yula is a freelance writer who has been hired as a independent contractor to produce three articles for a news magazine.Which of the following is an important implication of Yula's status as an independent contractor?

A) Yula does not have to give notice in the event she wishes to resign her position.
B) Independent contractors have the freedom to determine their own wages.
C) The magazine will be vicariously liable if Yula commits a tort while performing the contract.
D) Independent contractors do not have certain statutory rights and benefits that are typically conferred on employees.

Question 5

Which of the following qualifies as a BFOR?

A) The circumstances involve a person disabled by mental illness.
B) An employee has satisfied the onus placed on him of proving the qualification.
C) Accommodation is demonstrated to be possible for a disabled person.
D) A legitimate business purpose and good faith occasioned its adoption.

Question 6

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

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

Question 7

Which of the following is an emerging legal category of worker?

A) equity employee
B) dependent contractor
C) distinct contractor
D) independent employee

Question 8

Marjorie and Jean,human resource managers,are meeting to discuss the possible reaction of other employees to Hector,who has recently become blind.What is most likely the intention of this employer with respect to Hector?

A) to prove undue hardship relating to the guidelines for the productivity of the organization
B) to accommodate employees with special needs
C) to prove the impossibility of accommodating special needs
D) to follow the Supreme Court guidelines regarding what constitutes undue hardship

Question 9

What is the most common defence to an allegation of employment-related discrimination?

A) approved affirmative action
B) approved employment equity plans
C) bona fide occupational requirement
D) group insurance or pension plans

Question 10

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

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 11

Which of the following is a feature of Canada's Employment Equity Act?

A) targets underrepresentation of particular groups in workplaces of 10 or more employees
B) targets underrepresentation of particular groups in workplaces of 100 or more employees
C) targets reverse discrimination in workplaces of 100 or more employees
D) targets reverse discrimination of particular groups in workplaces of 10 or more employees

Question 12

Is a requirement that an individual possess a valid driver's licence a bona fide occupational requirement?

A) yes,unless the employee or job applicant is disabled
B) only if it was adopted in good faith for a legitimate business purpose
C) no,because it discriminates against individuals with disabilities
D) no,because it is a form of systemic discrimination

Question 13

Which of the following might an employer have relied upon in its successful bid to convince a human rights commission that it would incur "undue hardship"?

A) evidence that the employer would have to modify its workplace rules
B) evidence that it was acting in good faith
C) evidence that accommodation will require an outlay of cash
D) evidence that accommodation will pose a health and safety risk

Question 14

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?

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 15

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

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

Question 16

In Canada,matters such as criminal record,ancestry,and political beliefs are all examples of prohibited grounds of employment discrimination.Which of the following is the most likely source of these types of prohibited grounds?

A) all Canadian employment legislation
B) legislation in Ontario and Quebec
C) legislation in Manitoba and the Yukon
D) legislation in some jurisdictions

Question 17

A judge is hearing a matter involving a claim for damages by an employee.The plaintiff alleges she suffered harm in the course of performing her employment duties,caused by a new manager's careless actions.Which of the following is a distinguishing characteristic of this type of action?

A) Claims alleging an employer's negligent hiring must prove fault by that party.
B) Vicarious liability for negligent hiring relieves the errant employee of liability.
C) Proof of an employer fault isn't required for vicarious liability for employees.
D) An employer's vicarious liability for negligent hiring is a strict liability in law.

Question 18

What percentage of employed Canadians who pay income taxes are subject to federal regulation as opposed to provincial regulation?

A) 10 percent
B) 15 percent
C) 25 percent
D) 50 percent

Question 19

A machine shop owner relies on his existing employees to source out new potential employees,and most of his employees are now from the same identifiable ethnic group.What form of discrimination might the machine shop be engaged in?

A) systemic discrimination
B) direct discrimination
C) reverse discrimination
D) bona fide discrimination

Question 20

What commonality exists in the employment relationships between an employer and an independent contractor and an employer and employee?

A) Both are short-term and temporary in nature.
B) Tax savings and flexibility can be derived from either relationship.
C) Both involve a master.
D) Work and services are exchanged for remuneration.

Question 21

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

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 22

After the amalgamation of Satellite Sounds Ltd.with RMK Broadcasting Inc.,human resource managers were assigned the task of changing job duties and reassigning responsibilities among the amalgamated workforce.What is the source of the employer's ability to effect changes of this nature without incurring liability to the amalgamated employees?

A) the recital of management rights in employment contracts
B) company policies or reference to the employee policy manual
C) the employer's right to define the description of the work to be performed
D) the employer's defined ownership of intellectual property

Question 23

What is the role of the term "compensation" with respect to the essential content of an employment contract?

A) it refers to salary,wages,overtime,and pension
B) it refers to wages,bonuses,and salary
C) it refers to salary,vacation pay,and pensions
D) it refers to salary,wages,and vacation pay

Question 24

Which of the following would be most influenced by the distinction between an employment contract with a specified period and an employment contract where such a specification is absent?

A) indefinite-term contractual arrangement
B) termination of employment arrangement
C) duration of fixed-term contract
D) oral or written form of employment contract

Question 25

A senior commercial secretary worked 18 overtime hours on a large commercial deal.Her request for overtime pay was denied.The lawyer indicated that because he often required her to oversee the work of his junior secretary and her contract provided for salaried remuneration,her entitlement to overtime pay was effectively eliminated.In this regard,what would most likely be the position of the provincial labour board?

A) The lawyer's position is enforceable.
B) The lawyer's position is unenforceable.
C) Overtime must be paid at 1.5 times the minimum wage.
D) Managers and supervisors are not entitled to overtime pay.

Question 26

Which of the following most strongly supports the use of written employment contracts?

A) The law requires employment contracts to be written.
B) Written terms override terms implied by law.
C) The law abrogates the parties' ability to tailor the contract.
D) Written terms introduce certainty in the relationship.

Question 27

Marne's contract states her employment arrangement is for one year,while Brelle's contract is silent on that point.In what way are Marne's employment obligations different from Brelle's?

A) Brelle must give notice of termination.
B) Marne is an independent contractor.
C) Brelle is casual employee who is not entitled to notice of termination.
D) Marne must give notice of termination.

Question 28

What body of law has been amended to impose a new legal duty on organizations and individuals to protect the health and safety of workers?

A) the federal Employment Standards Act
B) provincial employment standards legislation across Canada
C) the Criminal Code of Canada
D) each province's workers' compensation legislation

Question 29

Which of the following is one of the purposes of occupational health and safety legislation?

A) to prevent civil suits by workers against employers
B) to allow workers to sue employers who do not ensure safe workplaces
C) to allow workers to participate in safety issues
D) to allow workers to receive compensation for workplace injuries

Question 30

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

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

Question 31

A human rights commission found that Maria's conduct toward a co-worker constituted harassment.What,if any,implications might this decision have for Maria's employer?

A) The employer must terminate Maria's employment.
B) The employer is vicariously liable for Maria's conduct.
C) Her employer will escape liability if it can prove it had no knowledge of Maria's conduct.
D) There will be no negative implications for Maria's employer.

Question 32

What legislation is based on the basic concept that the employer and employee contribute to a fund that provides insurance against loss of income?

A) the Employment Insurance Act
B) various workers' compensation acts in all provincial jurisdictions
C) the Employment Equity Act
D) the Canadian Charter of Rights and Freedoms

Question 33

In the case of RBC Dominion Securities Inc.v.Merrill Lynch Canada Inc.,2008 SCC 54,the court stated that "the duty does not necessarily extend to preventing parting employees from taking client information...." In this instance,what duty is the Supreme Court referring to?

A) the duty to give notice
B) the duty not to compete
C) the duty of confidentiality
D) a fiduciary duty

Question 34

What commonality do casual workers,some part-time workers,and agricultural workers share?

A) exclusion from entitlement to employment insurance benefits
B) exclusion from entitlement to paid sick or bereavement leaves
C) exclusion from entitlement to be paid for working overtime
D) exclusion from entitlement to workers' compensation benefits

Question 35

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?

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.

Question 36

With respect to employment standards legislation,what is a valid difference between jurisdictions with respect to bereavement and sick leave?

A) Employees are entitled to be paid during leaves.
B) Time taken for leaves may be deducted from vacation time.
C) Wages paid for leaves may be reduced by 1.5 percent.
D) Payment for bereavement or sick leave is optional.

Question 37

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

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 38

Nabamie's job involves investigating complaints and,when necessary,issuing orders requiring compliance with the law.What is Nabamie's occupation?

A) Court of Queen's Bench judge
B) employment standards officer
C) small claims court officer
D) Labour Standards inspection officer

Question 39

Which of the following is a unique feature of an employment contract involving the inclusion of benefit packages,job descriptions,and company rules and policies?

A) inclusion by implied terms
B) inclusion by express terms
C) inclusion by actual agreement
D) inclusion by reference

Question 40

Rose's lawyer obtained compensation for her loss of income,emotional stress,and expenses incurred in finding a new job.Rose hadn't contemplated her position being terminated when she accepted the position 18 months ago.To receive an award for these types of damages,which of the following must Rose's lawyer have had to rely on as the grounds for her claim?

A) negligent hiring
B) inducing breach of contract
C) breach of oral promise
D) systemic discrimination

Question 41

Which of the following must employers do in order to comply with PIPEDA and similar provincial legislation?

A) designate a personal information supervisor
B) have employees sign releases
C) ensure records are kept indefinitely
D) avoid collecting the name,title,and business address of individuals

Question 42

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

Question 43

The degree of integration of the worker into the employer's organization is one of the factors considered by the courts to determine if an employment relationship exists.

Question 44

A lawyer would describe an arrangement of an employee's workplace or duties to enable the employee to perform a work function without undue hardship as an employer's duty to accommodate.

Question 45

An employee may institute a lawsuit for wrongful dismissal,but an independent contractor may not.

Question 46

Employment standards legislation seeks to impose health and safety protection for workers in the workplace.

Question 47

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

Question 48

Employers are vicariously liable for any act of harassment by an employee.

Question 49

Which of the following must private sector employees be concerned with,regarding their personal information?

A) the duration that personal information is retained by an employer
B) the designation of a personal information supervisor
C) security safeguards implemented to protect their personal information
D) the employer's control,collection,and use of their personal information

Question 50

Adverse effects discrimination involves a workforce that is overwhelmingly dominated by males,such as the male-dominated federal Parliament.

Question 51

Human rights legislation prohibits all types of discrimination in employment.

Question 52

A dependent contractor is an employee who is hired for a specific period of time.

Question 53

According to the Supreme Court of Canada in Communications,Energy and Paperworkers Union of Canada,Local 30 v.Irving Pulp & Paper,Ltd.,2013 SCC 34,[2013] 2 SCR 458,in which of these situations might alcohol testing be permitted in the workplace?

A) only after a fatal accident
B) when an employer has warned workers before hiring of the company's testing policy
C) when an employer has designed a policy in order to reduce workplace accidents
D) when there has been an accident or near miss,and the employer has reasonable cause to believe alcohol was a factor

Question 54

The Prairie Clerical Workers Union has just received recognition as the bargaining agent for a group of employees.What action would the union president most likely immediately undertake?

A) substantive collective bargaining efforts to secure a collective agreement
B) voluntary certification of the union by the group's employer
C) voluntary bargaining in good faith with the party of the employer
D) a legal strike to demonstrate the substantive increase in bargaining power

Question 55

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

Question 56

Laws that specify minimum standards in a workplace are provided by employment equity legislation.

Question 57

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.

Question 58

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

Question 59

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

Question 60

According to the Federal Court of Canada,what question must be asked at step 3 of the test used to determine the appropriateness of video surveillance?

A) Is the measure necessary to the specific needs?
B) Is there a less invasive way of achieving the same end?
C) Is it likely to be effective in meeting that need?
D) Is the loss of privacy proportionate to the benefit gained?

Question 61

List the essential content that should be included in an employment contract.

Question 62

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.

Question 63

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

Question 64

Explain the distinction between an employee,a dependent contractor,and an independent contractor.

Question 65

Intrusive searches of employees or their belongings are carefully scrutinized by the Canadian courts.

Question 66

The Criminal Code provides that it is an offence to intercept a private communication,but the section does not apply to communications that are not private or to an interception that is consented to by one of the parties.

Question 67

Explain why the distinction between an employee and an independent contractor is important.

Question 68

A company is reviewing each step of its employee hiring process to ensure that it is avoiding discriminating practices.Identify and list the elements that the company should do to meet this goal with respect to this particular process.

Question 69

Discuss the jurisdiction of both the federal and provincial governments to make laws that affect employees.

Question 70

Pay equity involves provisions designed to ensure that female and male employees receive the same compensation for performing similar or substantially similar work.

Question 71

Briefly describe the phases involved in an employer's hiring process,and indicate what legal issues may arise and their consequences.

Question 72

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

Question 73

Define harassment and list the various forms that such conduct may take.

Question 74

Describe the test set out in the Supreme Court of Canada's decision in Meiorin that must be met by an employer to justify the standard or qualification for a BFOR.

Question 75

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.

Question 76

What factors might a court consider when deciding if accommodation would pose an undue hardship upon an employer?