Deck 4: Human Resource Management and the Law

Question 1

The employer-employee relationship must operate within the boundaries of:

A) the organisation's production facilities or work sites.
B) accepted ethical values and behaviours.
C) numerous legal issues.
D) what the CEO considers to be suitable or appropriate.

Answer 1

numerous legal issues.

Question 2

Employees are defined as workers employed under a contract of service whereas independent contractors are employed:

A) under minimum award conditions.
B) with full statutory rights and obligations.
C) for indefinite employment periods.
D) under a contract for services.

Answer 2

under a contract for services.

Question 3

The sources of legal obligations are:

A) statutes, awards, common law, contracts.
B) contracts, statutes, awards, statutory agreements, common law.
C) formal contracts, informal contracts, statutes, awards.
D) employer's duties, employee's duties.

Answer 3

contracts, statutes, awards, statutory agreements, common law.

Question 4

In drafting employment contracts, employers often fail to consider terms other than:

A) remuneration and hours of work.
B) redundancy payments and non-competition clauses.
C) probationary and termination periods.
D) leave and other non-salary benefits.

Question 5

The prevailing implication of the Riverwood decision for employers is that they need to:

A) always ensure that the award conditions are understood by employees.
B) view obligations imposed upon them by workplace policy very seriously.
C) distinguish between independent contractors and regular employees.
D) keep workplace policies out of any written employment contract.

Question 6

In employment contracts, rights such as attribution of authorship are known as:

A) intellectual property.
B) moral rights.
C) legal rights.
D) workplace rights.

Question 7

Governments in Australia have legislated to prescribe minimum conditions of employment that apply despite any express provision in the contract. These are known as:

A) awards.
B) certified agreements.
C) workplace agreements.
D) statutes.

Question 8

State and territory government legislation that prescribes minimum conditions of employment are known as:

A) statutes.
B) formal contracts.
C) industrial regulation.
D) common law.

Question 9

The Fair Work Act provides for:

A) an employer and employee to enter into an Australian Workplace Agreement.
B) an employer and employee to enter into an Australian Workplace Agreement where the employee earns in excess of $80 000 per annum.
C) employer-only greenfields agreements to be made for new start up projects.
D) the right of employees to collectively bargain with their employer should the majority of employees expressly desire it.

Question 10

The Fair Work Act sets out what it considers to be the hallmarks of good faith bargaining. They include all of the following EXCEPT:

A) attending and participating in meetings at reasonable times.
B) that each party to the discussion makes concessions during the bargaining process.
C) that proposals are responded to in a timely manner.
D) that genuine consideration is given to proposals put forward.

Question 11

An award specifies:

A) minimum terms and conditions of employment.
B) maximum terms and conditions of employment.
C) under what circumstances it replaces an agreement.
D) under what circumstances it is replaced by an agreement.

Question 12

Which of the following statements is NOT true of awards operating under the new Fair Work Act?

A) Those employees earning more than $80 000 per annum will be excluded from the award system.
B) It is envisaged that a consolidation process will result in around 122 awards operating.
C) The awards will be supplemented, as required, by the contents of enterprise agreements.
D) Modern awards must provide for a flexibility term which will enable employers and employees to enter into 'individual flexibility arrangements.

Question 13

Which of the following is NOT true of common law?

A) It is based on case law that has developed in the court system.
B) It overrules statute passed by government.
C) It may be codified into a statute.
D) It establishes employee and employer duties at law.

Question 14

Making a distinction between individuals or groups so as to disadvantage some and advantage others is known as:

A) affirmative action.
B) discrimination.
C) equal employment opportunity.
D) indirect discrimination.

Question 15

Employees are under no common law duty to:

A) hold on trust for their employer any invention that they make during employment.
B) regularly work reasonable levels of overtime.
C) volunteer information about their past or present misconduct.
D) cooperate with their employer in a manner not likely to damage the relationship between them.

Question 16

A practice which appears inoffensive but which produces a result in which a person or group is disadvantaged is known as:

A) discrimination.
B) affirmative action.
C) direct discrimination.
D) indirect discrimination.

Question 17

Discrimination in employment on the basis of age:

A) is outlawed in Australian federal and state legislation in all circumstances.
B) will not be unlawful if there is a genuine occupational requirement that would render some individuals unsuitable.
C) is no longer as serious a problem in recruiting as it was over twenty years ago.
D) will be greater with the ageing population in the Australian workforce.

Question 18

At the federal level, the Equal Opportunity for Women in the Workplace Act 1999 (Cwlth) requires:

A) private companies with more than 100 employees to develop an equal opportunity in the workplace program.
B) public sector organisations with more than 150 employees to develop an equal opportunity in the workplace program.
C) public sector organisations with more than 150 employees to set quotas for the number of female managers and supervisors in their organisation.
D) private companies with more than 100 employees to set quotas for the number of female managers and supervisors in their organisation.

Question 19

To avoid potential legal action, when publicising a job vacancy, HR managers must be careful to:

A) choose the right media outlets to place the advertisement in.
B) make the advertisement look interesting to potential applicants.
C) ensure that the salary range is suitable to the position being advertised.
D) avoid any indication that there could be an intention to act in a discriminating manner.

Question 20

An application form would be illegal if it asked about the applicant's:

A) previous employment.
B) criminal convictions.
C) workers compensation history.
D) marital status.

Question 21

Questions regarding an applicant's physical ability should be related to:

A) financial liability of the organisation if an accident should occur.
B) the applicant's ability to perform tasks which are requirements of the position.
C) cases where there are large life insurance policies offered to employees.
D) whether or not other employees will be at risk because of an inability to perform all tasks.

Question 22

Questions which ask about past criminal convictions are permissible. However, it may not be necessary for an applicant to disclose:

A) past convictions.
B) gaol terms.
C) spent convictions.
D) parole conditions.

Question 23

Before making contact with previous employers or checking academic qualifications the HR manager should:

A) seek permission from the applicant.
B) determine the relevance of previous employment.
C) decide whether the effort of doing so is worthwhile.
D) check the contents of the job advertisement.

Question 24

Occupational health and safety legislation aims to:

A) ensure that all those who breach the Act are prosecuted.
B) protect employees from unacceptable hazards at work.
C) protect the organisation from legal action.
D) ensure that all employees understand health and safety legislation.

Question 25

Employers have a number of duties relating to occupational health and safety, EXCEPT:

A) providing and maintaining systems of work that are safe and without risk to health.
B) providing adequate facilities for the welfare of employees at the workplace.
C) making arrangements for safety in connection with the use, handling, storage and transport of equipment and substances.
D) providing financial assistance for all employees wishing to do basic or advanced first aid courses.

Question 26

Employees cannot be compensated for:

A) injuries received while performing work outside the scope of their employment.
B) injuries received while not being properly supervised.
C) injuries or illnesses incurred at work which are not life-threatening.
D) injuries caused by another employee at the workplace.

Question 27

The right to terminate summarily is restricted to:

A) behaviour that endangers the life of other employees in the workplace.
B) occasions where employee conduct is in direct and serious breach of the employee's obligations.
C) situations where employee performance continues to be below the accepted standard.
D) occasions where, due to changes in commercial or economic decisions, an employee is no longer required.

Question 28

Except for a valid summary dismissal, employers may not terminate employment unless:

A) they have notified the Industrial Relations Commission of the reasons.
B) the employees have been told of the recourse they have once dismissed.
C) the terms of an employment contract have been breached by the employees.
D) employees have been given sufficient notice of termination.

Question 29

When an employee has been in continuous service with an employer for a period of more than three years, but not more than five years, they are entitled to how many weeks notice of termination?

A) At least three weeks
B) At least one week
C) At least four weeks
D) At least two weeks

Question 30

Where an employer (who is subject to the provisions of the Fair Work Act) dismisses an employee, the employer must abide by the concept of substantive fairness. This means that:

A) a sufficient period of notice must be given.
B) the dismissal must be for a valid reason.
C) the employee must have the opportunity to respond to the allegations of misconduct.
D) all dismissals must be first reviewed by a management committee.

Question 31

The concept of 'procedural fairness' when dismissing an employee requires that:

A) there must be a clearly valid reason for the dismissal.
B) all avenues attempting reconciliation have been exhausted.
C) an employee has an opportunity to respond to allegations.
D) an outside legal representative must be present at all hearings.

Question 32

If an employee was employed by a constitutional corporation and feels that they have been dismissed unfairly, they are able to seek redress under the:

A) Workplace Relations Act.
B) Industrial Relations Act.
C) Fair Work Act.
D) Australian High Court.

Question 33

Unfair dismissal is defined as:

A) when no period of notice has been given.
B) when the period of notice has been insufficient.
C) where the employee has been dismissed for reasons of unlawful discrimination.
D) where a dismissal is harsh, unjust or unreasonable.

Question 34

The Fair Work Act provides four main exceptions in relation to an unfair dismissal claim by an employee. Which of the following is NOT one of those exceptions?

A) The salary cap exemption
B) Junior employees under 21 years of age
C) Genuine redundancies
D) Employees employed on a temporary basis

Question 35

Under the Fair Work Act an employee who has been unfairly dismissed can seek redress by means of:

A) reinstatement alone.
B) compensation alone.
C) either reinstatement or compensation.
D) reinstatement and/or compensation.

Question 36

Where compensation is paid to an award-based employee who is unfairly dismissed, the maximum amount payable is:

A) the equivalent of six months remuneration.
B) no more than one month's regular pay.
C) subject to negotiation between the employee and the employer.
D) determined on a case by case basis by an appeals court.

Question 37

When an employee's employment is terminated by an employer for reasons which are in breach of the employment contract the employee can claim:

A) summary dismissal.
B) wrongful dismissal.
C) unfair dismissal.
D) constructive dismissal.

Question 38

Termination on insufficient notice is grounds for a claim of:

A) unfair dismissal.
B) summary dismissal.
C) wrongful dismissal.
D) constructive dismissal.

Question 39

The remedy for wrongful dismissal is:

A) damages.
B) reinstatement.
C) re-employment.
D) compensation.

Question 40

The action taken for wrongful dismissal is:

A) statute.
B) common law.
C) Fair Work Australia.
D) arbitration.

Question 41

The action taken for unfair dismissal is:

A) statute.
B) common law.
C) Fair Work Australia.
D) arbitration.

Question 42

Procedures for termination do NOT include:

A) to be furnished with reasons for the impending dismissal.
B) a fair hearing so that the employee is afforded a right to respond to those reason.
C) an unbiased decision-making process that takes the employee's response into account before any final decision is made.
D) determining whether the employee has complied with the terms of an award or agreement to notify the employer of the absence and to give a reason.

Question 43

A concise and accurate job description can be:

A) used to avoid later accusations of discrimination.
B) helpful in rationalising organisational positions.
C) used to demonstrate compliance with State legislation.
D) important for employee and management harmony.

Question 44

When preparing a job description the HR manager should consider:

A) what the employee expects to get out of the advertised position.
B) the employer's present and future expectations of the employee's role.
C) how the job can be broken down into a series of related tasks.
D) making the job sound as interesting as possible to attract a large number of applicants.

Question 45

During an interview an applicant may be asked:

A) about their present and past marital status.
B) family responsibilities.
C) why they left their previous position of employment.
D) when they were born.

Question 46

If an employee repeatedly turned up for work intoxicated, he or she could be dismissed for:

A) breach of contract.
B) poor job performance.
C) endangering other employees.
D) damaging the company image.

Question 47

Which of the following would NOT be substantive grounds for summary dismissal?

A) Below average performance
B) Neglect of duties
C) Verbal abuse
D) Absenteeism

Question 48

If an employer attempts to unilaterally reduce the terms and conditions of employment, this may:

A) result in a finding of unfair dismissal.
B) lead to immediate strike action by the relevant union.
C) have flow-on effects to other organisations in the same industry.
D) provoke an intervention by the AIRC.

Question 49

Cases where an employee resigns from a position due to a significant reduction in remuneration may be construed as:

A) unfair dismissal.
B) fair dismissal.
C) summary dismissal.
D) constructive dismissal.

Question 50

An example of an employee who is employed for a seasonal basis is:

A) working over the Christmas retail period.
B) not applicable to businesses who employ less than 15 employees.
C) a contracted position teaching at a university.
D) employed at the beginning of the Christmas retail period with the expectation that the employment would continue beyond that time.

Question 51

Critically discuss the importance of understanding the legal requirements relating to the employment of people, and how these apply to the recruitment and selection of employees.

Question 52

Common law outlines the general duties of the parties to an employment relationship. Examine the expectations of both employers and employees and analyse how these responsibilities contribute to the overall effectiveness of the organisation.

Question 53

Identify and explain the different types of dismissal that may be used by an employer, and examine the impact of each approach on the organisation and remaining employees.

Question 54

There are a variety of laws that outline the duties and responsibilities of both the employer and employee. Critically discuss how these laws are designed to protect the rights of both parties in the employment relationship.

Question 55

Discuss how legislation has been enacted to protect the rights of 'whistleblowers'.

Question 56

Discuss the rights of the employee with regards to unfair dismissal and wrongful dismissal.