Chapter10

Front 1

1

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

Back 1

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.

Front 2

2

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

Back 2

A) Jones is a independent contractor installing drywall for Smith's grocery store.
B) Jones is a computer programmer working for Ace Computer Ltd. and 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 self-employed vacuum cleaner salesman and Smith manufactures one of the lines he carries.
E) Jones is a secretary working in Smith's office.

Front 3

3

John Li has worked as manager of a video store for six years. Since the 7-Eleven store next door began renting movies for 97 cents, his business has fallen off drastically. Accordingly, the owner of the business told Li that, because the business had fallen on such hard times, he would take over managing and Li would have to take over the counter duties. The present counter clerk would be laid off. The owner also told Li that his wages would be reduced by 15 percent. When Li came to work the next day, he told the owner that he wouldn't accept the job working at the counter. The owner became angry and said, "If you don't like it, then you can leave! I don't have to put up with your insubordination one minute!" Li left and then sued the owner for unlawful dismissal. The owner argued that he had "just cause": economic slowdown and disobedience. Given the above facts, identify the true statement.

Back 3

A) The owner was justified in firing Li without notice or pay in lieu of notice because of economic slowdown.
B) The owner could fire Li without notice or pay in lieu of notice because Li refused his order to take over the counter.
C) Li would win the unlawful dismissal action because the owner "dismissed" him by unilaterally changing Li's job without Li's consent and insisting that Li do it.
D) The owner cannot dismiss without cause even if he gives proper notice or pay in lieu thereof.
E) If Li were wrongfully dismissed, he does not have to mitigate his losses by looking for a new job, until the case has been resolved.

Front 4

4

Which of the following is an unfair labour practice?

Back 4

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.

Front 5

5

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

Back 5

A) The traditional test for determining whether or not a person is an employee is to assess the degree of control; 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 the employees to prevent employer from operating as normal.
D) "Constructive dismissal" refers to a breach of the employment contract by the employer in which the employer has 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.

Front 6

6

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?

Back 6

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.
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.

Front 7

7

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

Back 7

A) jurisdictional dispute
B) rights dispute
C) interest dispute
D) recognition dispute
E) commercial disputes

Front 8

8

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

Back 8

A) jurisdictional dispute
B) rights dispute
C) interest dispute
D) recognition dispute
E) commercial disputes

Front 9

9

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

Back 9

A) jurisdictional dispute
B) rights dispute
C) interest dispute
D) recognition dispute
E) commercial disputes

Front 10

10

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

Back 10

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.

Front 11

11

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

Back 11

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.

Front 12

12

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?

Back 12

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 was given reasonable pay in lieu of notice.
C) An employee is dismissed because her employer doesn't like her disposition, and she is given reasonable pay in lieu of notice.
D) An employee is dismissed because he was found stealing goods from his employer, and he was given neither notice nor pay in lieu of notice.
E) An employee is dismissed because there is no more work to do and is given neither notice nor pay in lieu of notice.

Front 13

13

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

Back 13

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 mater how dangerous the job.

Front 14

14

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

Back 14

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 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.

Front 15

15

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

Back 15

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 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 her own fault, she 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.

Front 16

16

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

Back 16

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

Front 17

17

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?

Back 17

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.

Front 18

18

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?

Back 18

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 his own company organization for workers and have it certified.
E) ABC can transfer Smith to another plant.

Front 19

19

Which of the following is not an unfair labour practice?

Back 19

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.

Front 20

20

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

Back 20

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.

Front 21

21

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

Back 21

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) Conciliation/mediation refers to the requirement that the parties bargain in good faith to reach a contract.

Front 22

22

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

Back 22

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.

Front 23

23

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

Back 23

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.

Front 24

24

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

Back 24

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

Front 25

25

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

Back 25

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

Front 26

26

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?

Back 26

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.

Front 27

27

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

Back 27

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 will be 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.

Front 28

28

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

Back 28

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

Front 29

29

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?

Back 29

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.

Front 30

30

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

Back 30

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