Deck 12: Employment

Question 1

Which one of the following is not just cause for dismissal?

A) Serious absenteeism
B) Consistent tardiness
C) Open disobedience
D) Habitual negligence or incompetence
E) No work to do

Answer 1

E

Question 2

In which of the following situations will Smith be responsible for the tortious conduct of Jones?

A) Jones is an independent contractor installing drywall for Smith's grocery store.
B) Jones is a computer programmer working for Ace Computer Ltd. and is installing new software for Smith's department store.
C) Jones is a self-employed vacuum cleaner salesman and Smith manufactures one of the lines he carries.
D) Jones is a salesperson for Watson's Warehouse visiting Smith's Grocery Store Ltd.
E) Jones is a secretary working in Smith's office.

Answer 2

E

Question 3

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

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.

Answer 3

A

Question 4

In RBC Dominion Securities Inc. v. Merrill Lynch, virtually all of the investment advisors at the RBC branch left without notice and went to work for a competitor, Merrill Lynch. What did the Court determine?

A) Merrill Lynch and its manager were found jointly and severally liable, as the manager had induced the breach of the duty not to compete unfairly.
B) RBC was found liable for inducement of breach of contract.
C) Merrill Lynch and its manager were not liable, since no notice of termination was required.
D) RBC investment advisors were not in violation of their fiduciary duty to RBC, and were not required to provide notice of termination.
E) Fiduciary duties cannot arise in the context of a mere employment relationship.

Question 5

Mr. Lopez, the owner of the firm, had a large family. His six children were all in their late teens or early twenties and were in school or had jobs. However, in the summer of 2016, two of the six got laid off and the other four were having trouble finding work. Lopez spent ten days reorganizing his firm to find jobs for his family. He decided that the foreman at the plant, Mr. Wedman (who had been with the firm for twelve years, seven as foreman) could go back to being a carpenter to make room for his oldest son, who had management experience. There was no written employment contract with Wedman. On Friday afternoon, Lopez called Wedman into the office and told him that on Monday he would return as a carpenter and that he would be under the direction of his son. Wedman said he didn't want to be a carpenter or under the direction of his son and wouldn't do it. Lopez dismissed him immediately with no severance pay. Which of the following is true?

A) Lopez had just cause for dismissing Wedman, namely, for disobedience.
B) Lopez can fire Wedman for any reason and owes him nothing because Wedman is not protected by a union.
C) Lopez can fire Wedman for any reason and owes him nothing because Wedman is not protected by a written contract.
D) Lopez can't fire Wedman at all if the real purpose of firing him is to make room for his son.
E) Wedman could sue for wrongful dismissal because he was fired from his job when he refused to return as a carpenter instead of as foreman.

Question 6

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?

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 7

Which of the following is correct with respect to restrictive covenants included in employment contracts?

A) Such restrictive covenants are always void and have no place in employment contracts.
B) Such restrictive covenants are enforceable in court if reasonable and not against the public interest.
C) A void restrictive covenant destroys the whole contractual relationship and neither party has any obligations under the agreement.
D) For such a clause to be valid, it is only necessary to show that it was needed to protect the employer's interest.
E) The imposition of such a restriction is at the option of the employer and the employee has no say in the matter.

Question 8

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

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 9

Drew got a non-union, senior-management-level job. After the first day, Drew came to his dad to discuss his obligations to his boss and his boss's obligations to him. Which of the following is False?

A) Drew must be punctual and obedient.
B) Drew owes the employer a fiduciary duty (i.e., a duty to serve the employer's interests above his own).
C) The employer cannot terminate Drew's employment unless Drew does something wrong.
D) The employer owes Drew not only pay, but also some direction.
E) If Drew wants to quit, he must give the employer proper notice unless the employer has done some wrong (e.g., given an unreasonable or dangerous order).

Question 10

Which of the following is not one of the obligations that an employee has to the employer?

A) Competence
B) Skill
C) Be honest and courteous
D) Follow all orders no matter how unreasonable
E) Loyalty

Question 11

If former employees are sued, it is usually for breach of ________, or for disclosing confidential information.

A) employment contract
B) notice periods
C) restrictive covenants
D) fiduciary duty
E) confidence

Question 12

Which of the following is a False statement about the employer-employee relationship?

A) The critical factor in this relationship is control; the employer tells the employee not only what to do but also how to do it.
B) An employee for a company could also be an agent for the company.
C) One responsibility of an employer is to provide the employee with a safe workplace.
D) An employee sometimes owes a fiduciary duty to his or her employer.
E) If an employer contracts to paint Mr. Shore's barn and sends the employee out to do the painting, if the employee is not paid he can sue his employer or Mr. Shore for his wage.

Question 13

With regard to employment law, which of the following is False?

A) An employee must be punctual and obedient.
B) The common law provides that an employee who wants to quit his job because he wants to take another owes his employer reasonable notice.
C) The most common remedy awarded by the courts in wrongful dismissal cases is reinstatement (i.e., the employer responsible for the wrongful dismissal must take the employee back).
D) An employee badly injured on the job can make a claim against a fund of money provided by employers who are obligated by law to contribute.
E) A unionized employee does not negotiate personally with the employer for his or her employment contract.

Question 14

Which of the following is a true statement about the employer-employee relationship?

A) The critical factor in this relationship is control. That is, the employer tells the employee not only what to do but also how to do it.
B) An employee for a company could not also be an agent at the same time for the company.
C) One responsibility of an employer is to provide the employee with lifetime work availability.
D) An employee does not owe a fiduciary duty to his or her employer.
E) If an employer contracts to paint Mr. Shore's barn and sends the employee out to do the painting, if the employee is not paid he can sue his employer or Mr. Shore for his wage.

Question 15

Which of the following statements more accurately describes an employee rather than an independent contractor?

A) The person is an essential part of an employer's organization.
B) The person provides his/her own tools.
C) The person is free to represent others in the same business.
D) The person determines his/her own work schedule
E) The person has a high level of financial risk.

Question 16

For the past seven years, Hudson has worked as vice-president in charge of personnel (a non-union position) for Mountain Enterprises Ltd. As part of a corporate reorganization, the directors of the company decided to downgrade Hudson's position to manager of personnel. Hudson is very upset at this change and consequently refuses to go along with it. Because of his refusal, the company dismisses him immediately without any notice or pay in lieu thereof. If Hudson sues for wrongful dismissal, which one of the following statements indicates the most likely outcome of the case?

A) The company will win because non-union employees are always subject to dismissal without notice, because there is no collective agreement.
B) The company will win because Hudson's refusal constituted cause.
C) The company will win because they dismissed him, rather than saying he was "fired."
D) Hudson will win because the company breached the employment contract and he does not have to accept that breach.
E) Hudson will win because an employer owes its employees a job, unless the employee is convicted of a theft.

Question 17

Which one of the following is just cause for dismissal?

A) Absenteeism twice in the last year
B) Tardiness once in the last two years
C) Refusal to work in an unsafe work environment
D) Habitual negligence or incompetence
E) No work to do

Question 18

Which of the following would end the employment relationship by breach, thereby possibly giving rise to a claim for damages for wrongful dismissal?

A) The employee is told he will no longer be needed at the end of the period of employment specified in the contract (e.g., one year).
B) The employee is told he will no longer be needed at the completion of the specific job he was hired to do (e.g. paint a bridge).
C) The employee is asked to leave because he consistently comes to work late as a result of frequent morning traffic jams.
D) The employee is asked to leave immediately because a downturn in the economy has resulted in no work for him to do.
E) The employee is asked to leave after he refuses to do a reasonable but unpleasant task that is part of his employment, when another more junior employee could have been asked to do it.

Question 19

Why is the distinction between employment and an independent contract important?

A) An independent contractor cannot be sure that he will be paid.
B) An employee has the right to wages.
C) An employee can bind the employer in a contract he enters into on behalf of the employer.
D) An employer may be held responsible for torts committed by the employee.
E) Employees can withdraw their services.

Question 20

On Friday afternoon, Frieda was told not to return to work because her job was gone. If her employer is in a non-unionized business and had no just cause to dismiss her, which of the following is true?

A) The amount of notice to be given her is limited to the employment contract.
B) The amount of notice could be set out in the employment contract, and that amount would override the amount set by the common law, unless it was less than the minimum amount set out in the Employment Standards Act (or Code).
C) Additional notice must be given even if the employer pays her an amount of money equivalent to the amount of money she would have earned during the notice period.
D) If the employee sues for wrongful dismissal and the court has to determine the appropriate notice period, it would consider, among other things, her sex and religion.
E) She can elect to have a notice period or to take money in lieu of notice.

Question 21

Which of the following statements is correct with respect to workers' compensation?

A) Workers' compensation is a voluntary system in place whereby employers, should they so desire, participate in an insurance program covering accidents that take place on the job.
B) Workers' compensation in each province is a compulsory program whereby certain employers participate in an insurance program covering accidents and disease arising from the job.
C) If an employee is hurt on the job and it is his own fault, he will not be covered by workers' compensation.
D) The workers' compensation system is totally financed through government grants.
E) When an employee is injured on the job, the workers' compensation system gives that employee the choice of claiming workers' compensation or suing the employer or fellow employee who caused the injury.

Question 22

Which one of the following statements is true with respect to workers' compensation?

A) A worker who is injured on a job that is covered by the Workers' Compensation Act has the choice of either suing his employer or claiming under the Act with regard to that injury.
B) A worker who is injured on a job that is covered by the Workers' Compensation Act cannot sue his employer over the injury regardless of whether he makes a claim under the Act or not.
C) All of the funds used to pay for injuries suffered on the job come from a fund paid into by the government and employees.
D) While job-related injuries are covered under the Workers' Compensation Act, illness that results from work is strictly the employee's own problem.
E) All employers pay similar premiums no matter how dangerous the job.

Question 23

In Robichaud v. Canada (Treasury Board), the Supreme Court of Canada had to determine whether the employer was responsible for the sexual harassment committed by another employee. What did the Court find?

A) Such behaviour is regrettable, but not actionable under the Canadian Human Rights Act.
B) Such behaviour constitutes discrimination on the basis of gender but, unless the employer actively encouraged this conduct, the employer cannot be liable.
C) Such behaviour constitutes discrimination on the basis of gender and, under the Canadian Human Rights Act, the employer was liable for such acts.
D) Such behaviour is juvenile, but the employee is contributorily liable, as she must have encouraged the attention in some way.
E) Such behaviour does not constitute discrimination, so the employee's only recourse is a tort law action.

Question 24

Which of the following is an unfair labour practice?

A) A union representative has a conversation with an employee about joining 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 as part of his annual wage increase, as a union is trying to organize his employees.
E) An employer starts another unrelated business that is non-union, as a union tries to organize his employees at the present location.

Question 25

In Dowling v. Ontario (Workplace Safety and Insurance Board), the Court had to determine whether the employee's dishonest conduct constituted just cause for termination. What did the Court find?

A) Summary dismissal was a proportionate response given the acts of misconduct and the context of the employee's position, which required honesty and impartiality.
B) Summary dismissal was unreasonable: only the most egregious acts of dishonesty can ever amount to just cause.
C) Summary dismissal is never justified; reasonable notice is always required for reasons of public policy.
D) Summary dismissal is always appropriate, for even minor acts of dishonesty, regardless of the circumstances.
E) Summary dismissal can be appropriate, but only in circumstances where the employee has demonstrated incompetence.

Question 26

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?

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 27

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?

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 28

Federal and provincial human rights legislation cover all of the following issues except

A) harassment.
B) disabled workers.
C) pay equity.
D) affirmative action.
E) minimum wage.

Question 29

Jeff had worked for Sweetums Candy Shoppe for the last 12 years. His boss came in one morning and told Jeff that although he had always been a great employee, he was being let go for financial reasons. He gave Jeff only 2 weeks' notice. Jeff checked his employment contract and verified that the agreement provided that only 2 weeks' notice was required. Under the terms of the employment standards legislation, Jeff is entitled to a minimum of 8 weeks' notice. If Jeff sues for wrongful dismissal, what is the Court likely to find?

A) The contractual term overrides the common law and statutory provisions by virtue of the freedom to contract. Jeff would lose his lawsuit.
B) The contractual term does not comply with the legislation, so the Court would substitute the minimum notice period set out in the statute. Jeff would be entitled to 8 weeks' notice.
C) Jeff is not entitled to any notice. When a business runs into financial difficulty, that it considered just cause to terminate an employee.
D) Jeff is entitled to the amount set out in the legislation, plus any amount specified in the contract. Jeff should have been given 10 weeks' notice.
E) The contractual term does not comply with the legislation, so it is void. The Court would award damages calculated on the basis of a reasonable amount of notice.

Question 30

When ________ are included in the original employment contract, committing the employee not to work in a particular geographical area or a particular industry after leaving the position, they have to specify a reasonable time and area.

A) provisions
B) restrictive covenants
C) special rules
D) working conditions
E) employment restrictions

Question 31

(Modify this question for your province.) To which legislation would a person turn when they have been discriminated against when seeking employment?

A) Bill of Rights
B) Human Rights Code
C) Labour Relations Code
D) Charter of Rights and Freedoms
E) Employment Standards Act

Question 32

Keeping in mind both the common law rules governing employment and the legislation passed to improve the position of employees, indicate which of the following statements is False with regard to employment law.

A) Employment standards legislation in each province sets out some minimum standards with regard to such matters as wages, hours of work, termination, etc.
B) Statute law allows workers to unionize without interference by the employer.
C) When a worker is injured on the job and would have a claim under the Workers' Compensation Act, he has the option of claiming under the Act or directly suing the employer.
D) The case law provides that an employee is entitled to reasonable notice, and what is reasonable is based on the character of the work, how long the employee has worked there, the worker's age, and the job market.
E) An employer owes an employee reasonable notice and an employee also owes the employer notice if he or she wants to leave.

Question 33

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

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 34

Vanessa had been a waitress at Joe's Good Eats for seven years. There had always been differences between Vanessa and Joe because they had radically different views on politics, religion, and sports, but he had always overlooked these differences because he liked her and she was a good waitress. However, one busy day with the restaurant full of customers, he began ranting about city politics. Vanessa whispered, "Please, Joe, you know I don't agree." It ended with Joe yelling, "I've had it with your radical ideas. Get out!" So Vanessa left. The employees at Joe's were not unionized. If Vanessa sues for unlawful dismissal, she will be entitled to damages equivalent to which of the following?

A) The amount that would have been paid during a reasonable notice period less any amounts received from other employment
B) The amount of pay received in one pay period (e.g., one month if paid monthly)
C) One week's pay (the statutory minimum)
D) Nothing
E) Her regular pay until she finds another job

Question 35

Which one of the following statements about the compensation insurance scheme under the Workers' Compensation Act is False?

A) Businesses covered by the Act are required to contribute to a no-fault fund that is used to pay for job-related accidents and diseases.
B) If the injury is caused by the worker's own careless conduct, he will still receive compensation under the Act.
C) When a worker is injured on the job through the fault of someone other than his employer, he cannot claim under the Workers' Compensation Act provisions.
D) Legislation sets rates of compensation to be paid for different types of injuries.
E) Employers pay different premiums depending on the nature and danger of the industry.

Question 36

Which of the following is correct with respect to human rights in the field of employment?

A) If provincial human rights legislation does not extend human rights protection to same-sex couples, the employer can be sure that discriminatory practices in that area will not be actionable.
B) If an employee becomes disabled, the employer has no further obligation to that employee and can fire him.
C) While an employer cannot discriminate against a prospective employee on the basis of colour, religion, or sex, they can refuse to hire a disabled person.
D) While an employer must ensure that managers do not discriminate or harass, they have no control over or obligations for the actions of other employees.
E) Employers have an obligation to accommodate, within reason, the religious beliefs of their employees by, for example, rescheduling shifts to allow for religious holidays.

Question 37

Which of the following statements is correct with respect to remedies for wrongful dismissal?

A) The court will usually order the employer to take the employee back.
B) The damages that are payable to the employee are calculated on the basis of what the employee would have received had he been given reasonable notice whether he gets another job or not.
C) If the employee gets another job within the period of notice he should have received, that will affect the amount of damages he will receive.
D) The court will issue an injunction to prevent the employer from hiring someone else to take the employee's place.
E) It is up to the employee to determine the amount of notice he should have been given.

Question 38

Which of the following statements is False with respect to the employee's obligation to give the employer notice upon quitting?

A) An employee is not obligated to give the employer notice where the employer gives the employee unreasonable or dangerous orders.
B) The employee is not obligated to give notice to the employer and can leave the job immediately if working conditions are unreasonably dangerous and the employer refuses to take reasonable steps to correct them.
C) The employee can refuse to give notice and leave immediately if the employer involves the employee in immoral or illegal activities.
D) The employee can leave immediately without notice if he has a better job to go to.
E) The employee is obligated to give reasonable notice unless there is just cause for leaving.

Question 39

When an employer demotes an employee or otherwise unilaterally changes the nature of the job, this may constitute ________, and the employee may be able to sue for wrongful dismissal.

A) fiduciary duty
B) constructive dismissal
C) just cause
D) reasonable notice
E) wrongful dismissal

Question 40

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

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 41

Eastside Nurseries Ltd., which had long been a family business, was faced with a demand by its workers that it recognize their new organization, a union, for the purposes of collective bargaining. The union was certified by the appropriate governmental board as the bargaining agent for this bargaining unit, but the parties could not reach an agreement as to what should be included in the new collective agreement. Eventually Eastside Nurseries locked out the employees. This sort of dispute is called

A) a jurisdictional dispute.
B) a recognition dispute.
C) an arbitration dispute.
D) an interest dispute.
E) a rights dispute.

Question 42

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

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

Question 43

The process by which a third party imposes a solution to a dispute on the employer and union is called

A) binding arbitration.
B) certification.
C) conciliation.
D) job action.
E) mediation.

Question 44

Which of the following statements describes picketing?

A) Strikers gathered at a place of business can prevent people from doing business with employer.
B) Picketing is permissible only when contract negotiations are taking place and there is no lawful strike mandate.
C) Picketing must be peaceful and merely communicate information.
D) Courts or labour relations boards cannot restrict picketing even when regulations are violated.
E) Picketing is permissible where workers cease working because of a dispute over the interpretation of a term of their collective agreement.

Question 45

Which of the following statements is correct with respect to the process by which a union organizes the workforce of an employer?

A) An employer can refuse to recognize a trade union or have any dealings with it.
B) A union can call the employees it has organized out on strike to force the employer to recognize and deal with that trade union.
C) In most provinces, a trade union must receive government certification through an employee voting process before it has the right to represent the employees in dealings with the employer.
D) The employer can refuse to have anything to do with the union even after the union has successfully completed the certification process.
E) Once the union has been certified, the employer must consent to what the union demands in the new contract.

Question 46

Which of the following statements is correct with respect to the process of conciliation/mediation?

A) Conciliation/mediation is a process by which a third party is chosen by the government to impose a settlement on the parties.
B) Conciliation/mediation is a process by which a third party is chosen by the parties to impose a settlement on the parties.
C) Conciliation/mediation is a process by which a person is chosen by either the government or the parties, who then tries to bring the parties to an agreement.
D) The conciliator or mediator's recommendations cannot be ignored by the parties.
E) This refers to the requirement that the parties bargain in good faith to reach a contract.

Question 47

Which of the following statements is correct with respect to picketing?

A) Lawful picketing is the process whereby striking employees forcefully prohibit others from doing business with their employer.
B) Lawful picketing is the process whereby striking employees attempt to persuade people not to do business with their employer.
C) Lawful picketing is an accepted form of protest by workers whether or not a lawful strike is in process.
D) Lawful picketing can take place during a rights dispute or a recognition dispute.
E) Lawful picketing cannot take place during a lockout, only during a lawful strike.

Question 48

The certification process was introduced to solve which of the following kinds of disputes?

A) Jurisdictional dispute
B) Rights dispute
C) Interest dispute
D) Recognition dispute
E) Commercial disputes

Question 49

Which of the following is correct with respect to the law of collective bargaining?

A) All employees have the right to individually choose whether they will become members of a union when they are hired.
B) A union shop requires that employees become members of the union when they are hired.
C) The public has a legal obligation to honour a properly constituted picket line during a lawful strike or lockout.
D) Under the Charter of Rights and Freedoms, all employees have the right to belong to trade unions and to strike.
E) Employees can strike only where the employer has clearly breached the terms of the collective agreement.

Question 50

In which of the following situations would it be legal for the employees to strike?

A) The A.F.I.O. was approached by a group of employees working for Ace Manufacturing Ltd. to see if they would organize the work force and unionize it. When the employer discovered this, he fired that group of workers and the rest went out on strike.
B) The A.F.I.O., the properly certified bargaining agent for the employees of Ace Manufacturing Ltd., demanded an unreasonably high wage settlement from the employer, which would bankrupt the firm if accepted. The employer refused to agree to this and the employees went out on strike.
C) A collective agreement was in place between Ace Manufacturing and its employees, and that contract was blatantly breached by the employer, resulting in the employees going out on strike.
D) Ace Manufacturing made armaments and some were sold to South Africa. When the employees found this out, they went out on strike, demanding that the practice stop.
E) The employer introduced some new policies into the plant that, while they did not violate the terms of the collective agreement in place, were very much resented by the workforce. The employees then participated in a deliberate process of sabotage and slowdown to show their displeasure.

Question 51

The explosive confrontations between management and workers attempting to organize themselves to offset the power of the employer led most governments to pass laws that would create and maintain labour peace. Which of the following is False with regard to collective bargaining legislation?

A) Employers can block their workers from organizing themselves as a union as long as they do not use violence or the threat of violence.
B) Once a union is certified, the union worker will not bargain for his contract; the union will have a bargaining agent who has the authority to negotiate for a contract that will bind all the union workers in that bargaining unit.
C) It is an unfair labour practice for an employer to threaten to fire a worker for joining the union.
D) A contract approved by both the employer and the union is called a collective agreement, and it must set out the method for the settlement of disputes that might arise under the agreement.
E) A lockout is an action taken by the employer to prevent workers from working and earning a wage.

Question 52

Which of the following statements is correct with respect to the bargaining process in collective bargaining?

A) Employers are required to bargain in good faith, which means that they must be prepared to compromise when their initial offer is refused.
B) Once notice has been given by either side, bargaining must commence within the time specified in statute, unless they agree otherwise.
C) Once the employer and the union representatives have completed a collective agreement and signed it, it is binding on all parties. No further steps have to be taken.
D) Once a union has been certified as the legal bargaining agent of the employees, they are the ones in control of when bargaining takes place. They are the only ones who can give notice to commence bargaining.
E) Once a union has been certified, the employer must agree to whatever they represent as the contents of the first contract.

Question 53

Smith is an employee of ABC Company and wants to persuade the other employees to join a union and become certified, because the wages paid by ABC are less than those that would be paid in a union plant. ABC Company does not want a union. Which of the following is ABC permitted to do?

A) ABC can fire Smith.
B) ABC can increase the wages paid to the employees, thus eliminating the major reason for having the union.
C) ABC can tell the employees that it cannot afford to pay union wages and, if forced to, will go out of business, as long as that statement is true and not threatening or intimidating.
D) ABC can form its own company organization for workers and have it certified.
E) ABC can transfer Smith to another plant.

Question 54

A difference of opinion between an employer and a union in the interpretation of terms in their existing contract is called

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

Question 55

Which of the following is not an unfair labour practice?

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 56

The process by which a particular union achieves the status of bargaining agent for a group of employees is called

A) binding arbitration.
B) certification.
C) conciliation.
D) job action.
E) arbitration.

Question 57

Collective agreements must have provisions in them providing for the arbitration of which of the following kinds of disputes?

A) Jurisdictional dispute
B) Rights dispute
C) Interest dispute
D) Recognition dispute
E) Commercial disputes

Question 58

Bruce was a union representative working for Ace Manufacturing Co. The union and management had just concluded a collective agreement that set out terms under which certain functions of the plant would be computerized. A few months after the agreement was signed, the management started installing the computers, and in the process laid off three people who were no longer required. This in fact was exactly what Bruce had taken great care to prevent by the provisions that were included in the collective agreement. The management was in clear violation of these terms. Bruce called the members of the union out on strike and set up a picket line that effectively shut down the plant. Which of the following is true with regard to the legal position of the parties?

A) The picket line has the legal right to physically block people from the plant if they are not persuaded to turn back.
B) The management was in the wrong and would be unsuccessful in getting an injunction to stop the strike and picketing.
C) The union was right in objecting to the layoffs, but it should have followed the grievance procedures in the collective agreement. Their strike is illegal.
D) In this type of dispute, the workers can slow down and disrupt production, but they can't walk off the job.
E) If the workers disagreed with the layoffs, management could lock them out.

Question 59

The employee's right to strike is limited to which of the following types of disputes?

A) Jurisdictional dispute
B) Rights dispute
C) Interest dispute
D) Recognition dispute
E) Commercial disputes

Question 60

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

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 61

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.

Question 62

Benoit goes to pick up a shipment from a supplier, but when he arrives, he finds the unionized employees who work there are on strike. Benoit is unsure about whether he can, or should, cross the picket line. Which of the following statements is true?

A) Benoit has no legal obligation to honour the picket line.
B) Benoit is prohibited from doing business with an employer involved in a strike.
C) Benoit is free to continue doing business with the employer, but the employer will face serious fines for continuing to operate during a strike.
D) Benoit has the legal right to cross the picket line, but if he is injured by those on strike, he will have no recourse against them.
E) Benoit must cross the picket line, otherwise the supplier can sue him under the Canada Labour Code.

Question 63

An employer is vicariously liable for the torts committed on the job by employees and independent contractors.

Question 64

When an employer simply runs out of work for the employee to do, or runs into financial difficulties, this is just cause for termination.

Question 65

An employer is responsible for only those torts committed by an employee that take place while the employee is doing what he is employed to do.

Question 66

When there is a serious breach of the employment contract by the employer, the employees are entitled to leave work without notice.

Question 67

An employer is responsible for all torts committed by his employee.

Question 68

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.

Question 69

Dismissal without reasonable notice must be based on employee wrongdoing or a failure to perform the job.

Question 70

Ordinary employees do not have a fiduciary duty and, unless there is a valid restrictive covenant in their employment contract preventing them from doing so, they are free to compete with their former employer as soon as they leave.

Question 71

When an employee is dismissed for just cause, he is entitled to reasonable notice or pay in lieu of notice.

Question 72

Employees cannot gather information, copy customer lists, or solicit customers before termination.

Question 73

An employee who is also a fiduciary may be subject to certain obligations toward an employer only through special provisions in their employment contract.

Question 74

When new employees are required to join a union within a specified period of time, this is referred to as

A) a closed shop.
B) a union shop.
C) an agency shop.
D) the rand formula.
E) a check-off provision.

Question 75

Elad starts a brand new job. Lena, his new co-worker, is showing him around. Lena informs Elad that she is a union member and is required to pay dues and to maintain her membership. Elad is certain that he was told he did not need to join the union. What arrangement is in place?

A) Closed shop
B) Agency shop
C) Rand formula
D) Maintenance of membership
E) Check-off provision

Question 76

Only employers are responsible for torts committed by their employees during the course of the employment.

Question 77

Not only must a non-competition clause be reasonable between the parties, but the party trying to enforce it must show that the clause is necessary to protect some proprietary interest.

Question 78

As managers and other executives owe a fiduciary duty to their employer, they may find themselves somewhat restricted in what they can do even after they leave their employment.

Question 79

An employer is only free to terminate the employment relationship for just cause as long as sufficient notice is given.

Question 80

Swearing at the employer has been determined to be serious misconduct sufficient to justify dismissal of an employee.