Deck 6: Employment Legislation

Question 1

Which of the following actions would not constitute a constructive dismissal?

A)asking an IR professor to teach finance-a course he had never taken in graduate school
B)promoting a junior manager to a middle management position,while cutting her pay by 25%
C)assigning a middle manager to another middle management position out- of- province,at a modest increase in pay
D)giving someone who had been working full- time for three years only two days of work per week,while leaving other workers' schedules untouched.
E)assigning a senior manager to clean toilet bowls

Answer 1

C

Question 2

One of the major mechanisms in the "internal" health and safety system is

A)a general "performance duty."
B)detailed laws and regulations.
C)safety inspectors from the labour ministry.
D)the joint labour- management health and safety committee.
E)workers' compensation legislation.

Answer 2

D

Question 3

What's the most important difference between pay equity and employment equity?

A)enforcement by government agencies
B)the 25- year period in which they were introduced
C)the degree of success they have achieved
D)the gender to which they are usually applied
E)the fact that one applies to those already working,the other,to those who haven't yet found work in a given occupation

Answer 3

E

Question 4

What is not a requirement under most WHMIS legislation?

A)divulging information which constitutes a trade secret
B)obtaining and distributing material safety data sheets
C)provision of appropriate levels for hazardous products
D)releasing confidential information about a product to a doctor in a medical emergency
E)educating workers about any hazardous substances used or produced at the workplace

Question 5

Indirect Discrimination can best be described as

A)a non- Bona Fide Occupational Requirement.
B)an illegitimate work- related standard.
C)a non- good faith standard adopted by an employer.religion.
D)intentionally distinguishing between employees based on a prohibited ground.
E)neutral standards that disproportionately negatively affect a protected group.

Question 6

With regard to the duty to accommodate,what remains unclear from the cases reported to date?

A)the need to modify jobs to accommodate disabled people
B)whether rules requiring certain workers to wear hard hats are discriminatory
C)the need to modify buildings to accommodate disabled people
D)exactly what constitutes "undue hardship," beyond which point the employer is not required to make further accommodations
E)the need to modify work schedules to accommodate people of different religious backgrounds

Question 7

Only the following is not among the major difficulties with EL:

A)the fact that it doesn't apply to most private service sector workers
B)the fact that many groups aren't covered by it
C)the lack of incentive provincial hours laws give employers to hire more people instead of making additional workers work long overtime hours
D)the seriously inadequate level of most provincial minimum wages
E)the seriously inadequate level of enforcement of minimum wage and hours laws

Question 8

Employment legislation EL)and labour relations legislation LRL)complement each other in all but which one of the following ways?

A)Unions may help enforce EL through their grievance process.
B)EL applies to all those not covered by LRL.
C)Unions can help educate workers as to their rights under EL.
D)Arbitrators settling grievances under LRL are expected to apply various types of EL.
E)EL serves as a minimum standard for collective bargaining under LRL.

Question 9

Which of the following commonly articulated factors considered in a duty to accommodate is generally regarded as the least important?

A)legitimate operational requirements
B)financial cost
C)impact on any existing Collective Bargaining Agreement
D)size of employer's operation
E)safety

Question 10

Health and safety committees' duties may include all but which one of the following?

A)educating workers about workplace safety hazards
B)closing down work sites they find unsafe
C)helping to resolve work refusal cases
D)requesting information from employers needed to identify workplace safety hazards
E)accompanying government inspectors on inspections of work sites

Question 11

Bad faith behaviour in dismissing an employee includes all but which one of the following?

A)inadequate notice of termination
B)callous behaviour
C)personal abuse
D)termination in the presence of fellow employees
E)false accusations of serious misconduct

Question 12

Which challenge faced by Canadian policy makers is the most important in the evolution of Employment Legislation?

A)extending protection beyond such protected groups as women and Aboriginals
B)conforming to the Canadian Charter of Rights and Freedoms
C)ensuring enforcement mechanisms keep pace with employment standards
D)enforcing Canadian employment standards in the face of globalization
E)balancing the need for employer flexibility with equitable employee benefits

Question 13

The most important difference between a non- unionized and unionized employee is

A)better working conditions.
B)the right to refuse work.
C)job security.
D)better pay.
E)protection from an employer's breach of contract.

Question 14

Employment legislation includes all but which one of the following types of legislation?

A)health and safety legislation
B)work standards legislation
C)labour relations legislation
D)workers' compensation legislation
E)human rights legislation

Question 15

The "Bardal" factors used to determine the size of unjust dismissal awards include all but which one of the following?

A)his or her age
B)the availability of similar employment
C)his or her previous union status
D)his or her qualifications
E)the employee's experience

Question 16

An employee's implied obligations do not include which of the following?

A)obedience
B)cleanliness
C)punctuality
D)honesty
E)faithfulness

Question 17

What does the Westray mine disaster illustrate?

A)the high level of safety standards in most Canadian mines
B)the need for workers to do more to look after their own safety in the workplace
C)a common pattern of employer neglect of workers' safety combined with lack of government enforcement of its own regulations
D)the fact that accidents will happen even if all parties work conscientiously for safer workplaces
E)the futility of unions' health and safety efforts

Question 18

According to the book,the average female worker in Canada receives roughly what percentage of the average male worker's pay?

A)80
B)100
C)70
D)120
E)50

Question 19

Which of the following would not be considered a bona fide occupational qualification?

A)a prospective firefighter's strength
B)in a Catholic school in some provinces,a teacher's religion
C)in a Catholic school in some provinces,whether a teacher was living with someone outside of marriage
D)a prospective firefighter's height and weight
E)appearance,in the case of a fashion model

Question 20

Overall,the most important lesson of this chapter would appear to be

A)human rights and work standards legislation never works.
B)Canada's health and safety system is a model which other countries should emulate.
C)human rights and work standards legislation is strictly enforced.
D)we should concentrate on enforcing existing legislation before we start drafting too many more new laws.
E)we may not be world leaders,but we aren't far behind most other countries,either.

Question 21

Employment legislation is needed for all but which one of the following reasons?

A)Some issues are inherently difficult to regulate through collective bargaining.
B)Many workers don't enjoy the legal right to belong to unions.
C)Many workers don't belong to unions.
D)What's won at the table can also be lost.
E)Labour relations legislation is inadequately enforced.

Question 22

Why have unions come to serve,essentially,as enforcement agents for health and safety legislation?

Question 23

Compare the advantages and disadvantages of a common law action for wrongful dismissal.

Question 24

Compare the Burns Foods Company case with the Lloyd's Bank case discussed in the book.Why was one found to be constructive dismissal while the other was not?

Question 25

What key assumption is the "internal responsibility system" based upon? How valid is this assumption in workplaces you have been involved in?

Question 26

Why is the concept of quid quo pro so important in employment law?

Question 27

The purpose of "experience rating" under workers' compensation legislation is to

A)offer lower rates to firms with less experienced workers.
B)give firms an incentive to engage in safer practices.
C)offer lower rates to firms with more experienced workers.
D)create additional jobs in workers' compensation branches.
E)ensure that firms in high- risk industries pay higher WC premiums.

Question 28

What's the major exception to the general right to refuse unsafe work provided under both federal and provincial legislation?

A)It does not exist in workplaces with fewer than 50 workers.
B)It doesn't apply in cases where the refusal would put someone else's life,health,or safety directly in danger.
C)It applies only to blue- collar workers.
D)It does not exist except in cases where the refusal would clearly lead to loss of life.
E)It does not apply in non- unionized workplaces.

Question 29

Does employment legislation EL)generally fall under federal or provincial jurisdiction?

Question 30

Are "constructive dismissals" normally an indication of "constructive" management practice?

Question 31

What is the "duty to mitigate" and how does it apply in unjust dismissal cases?

Question 32

Of the internal responsibility systems three main components,as outlined in Ontario's
Occupational Health and Safety Act,which is the most important and why?

Question 33

Why is it important for both workers and managers to know EL?

Question 34

What's the purpose of group termination provisions which take effect when a large number of workers are terminated in a short period of time?

Question 35

Why has the trend been for courts to abolish the distinction between direct and indirect discrimination in favour of a unified standard of review?

Question 36

It would probably be safest to say that compared to labour relations legislation,employment legislation applies to

A)many fewer workers.
B)somewhat fewer workers.
C)somewhat more workers.
D)the same number of workers.
E)many more workers.

Question 37

Why is the broadening of the power of union grievance arbitrators to address alleged violations of employment- related statutes,such as human rights legislation,such a significant development?

Question 38

Under what circumstances would a worker have not only the right but the duty to refuse to perform unsafe work?

Question 39

Which of the following remedies do human rights commissions normally not use?

A)orders to employers to hire the affected workers
B)back pay awards
C)prosecution in the criminal courts
D)reinstatement of the affected worker
E)compensation to the victim of discrimination

Question 40

What problems face any employee trying to assert their pay equity rights?

Question 41

Conflict of interest issues are an important element for all employees.

Question 42

In a unionized environment,arbitrators have limited powers to address violations of employment- related statutes.

Question 43

There may be bona fide occupational reasons for employers to discriminate against obese employees.

Question 44

Protection against arbitrary dismissal is a leading cause of unionization in workplaces

Question 45

In comparing the factors considered in assessing an employer's duty to accommodate why has the importance of employee morale and the impact on the collective agreement been fading compared to the others?

Question 46

Under Common Law,only employees have implied terms and obligations to follow.

Question 47

The federal government has continued to provide "best practice" leadership to the private sector in the area of pay equity.

Question 48

Employment law covers a broader range of workers than labour relations law.

Question 49

The right to refuse unsafe work is exercised just as often in non- unionized as in unionized workplaces.

Question 50

What are bona fide occupational qualifications BFOQs),in which type of occupations do they generally apply,and what have been the recent trends with respect to BFOQs?

Question 51

Under individual employment contracts,employers are free to treat workers any way they like.

Question 52

The degree of authority exercised by joint labour- management safety committees depends in large measure on how much authority employers are willing to grant such committees.

Question 53

Work hours legislation provides employers with strong incentives to hire additional people rather than making existing staff work overtime.

Question 54

A lack of comprehensive standards is a significant problem with health and safety legislation.

Question 55

How have worker compensation systems changed in recent years to try to give employers greater incentive to engage in safe practice and to rehabilitate workers capable of working?

Question 56

There's no relationship or connection between employment law and labour relations law.

Question 57

Across Canada,worker compensation boards remain unconcerned with getting disabled workers back to work.

Question 58

Appearance requirements for clothing models would be viewed in the same light by a human rights commission as appearance requirements for flight attendants.

Question 59

What are the three major concerns around work standards legislation?

Question 60

Human rights legislation awards significant compensation to those who have been the victims of hate messages in the workplace.

Question 61

What are the major areas covered by work standards legislation sometimes also known as employment standards legislation),and what are some major difficulties with this legislation as it presently exists in Canada?

Question 62

Compare the overall changes in employment legislation and labour relations legislation in the past 25 years.

Question 63

Compare and contrast employees' possibilities of redress for arbitrary dismissal under unionized and non- unionized regimes.Overall which provides more benefits to the worker? Why?

Question 64

Explain why employment legislation covering a broad spectrum of workers,not just those belonging to a union,is needed.

Question 65

Discuss the external and internal systems under health and safety legislation.

Question 66

Discuss the convergence of employment legislation EL)and labour relations legislation LRL).Why is this an advantage to both legislative schemes.