Question 1

Labour law is consistent throughout Canada.

Accepted Answer

Labour law in Canada varies by province and territory, with each jurisdiction having its own regulations in addition to federal laws.

Question 2

What feature of the relationship between employers and employees led to the development of unions?

Accepted Answer

The inequality of bargaining power that makes a single employee unable to bargain effectively against a large employer.

Question 3

In what context will it likely be most difficult to effectively organize workersinto a union?&#10;A) schools (teaching)&#10;B) construction industry&#10;C) production-line-oriented assembly plant&#10;D) lumber mill work

Accepted Answer

Because employees in the construction industry are typically hired on a project-by-project basis, there is seldom sufficient time to organize a union before the project is over.

Question 4

Which of the following will release the purchaser of a business from the obligations under the existing collective bargaining agreement?&#10;A) the previous owner was bankrupt at the time of the sale&#10;B) the business has moved to a new location&#10;C) the new owner closes down the business after a few weeks&#10;D) none of the above

Accepted Answer

None of A to C alone will be determinative of whether the new owner is bound by the existing agreement. All of the circumstances must be considered.

Question 5

Generally employers have the right to sue employees for the mistakes they make that result in the employer having to pay damages to a third party.

Accepted Answer

Employers can sue employees if their actions are negligent or outside the scope of their employment, causing the employer to incur damages or financial losses, including having to compensate a third party.

Question 6

What test do courts apply to determine whether information is confidential?

Accepted Answer

The answer of What test do courts apply to determine...

Question 7

Which of the following will likely constitute just cause warranting dismissal?&#10;A) the employee is late for work twice in one week&#10;B) the employee arrives at work hungover and leaves to go home early; this is the first alcohol-related absence for the employee&#10;C) the employer's business is struggling because of an economic downturn&#10;D) none of the above

Accepted Answer

Each of A to C are either unrelated to the employee, or too minor to constitute just cause.

Question 8

What aspect of the employment standards dispute process is most different to litigating in court?&#10;A) filing the claim&#10;B) notifying the defendant of the claim&#10;C) proving the claim&#10;D) recovering of a judgment

Accepted Answer

The employment standards branch of the provincial government typically pursues the employer to recover judgment. This is different from the court system where the plaintiff must pursue the defendant to recover judgment.

Question 9

An employee was clearly wrongfully terminated by an employer, and then tried in vain for over a year to find a new job. Discuss the factors relevant to the employee's decision of whether to sue in court or to make a claim under the employment standards legislation.

Accepted Answer

The answer of An employee was clearly wrongfully terminated by...

Deck 11: Labour Law and Employment Law