Deck 14: Employee Rights and Discipline

Question 1

An employer can reduce its wrongful dismissal liability. Several measures it can take are identified below. Which of these ideas is NOT one that an employer would act on to address the liability issue?

A)maintaining adequate documentation
B)training managers
C)having a well-written employee handbook
D)including a protective restrictive covenant in the employee contract

Answer 1

D

Question 2

If an employee has the right to a safe working environment, which of these possible aspects of a reciprocal relationship applies to the employer?

A)the right to demand compliance with all necessary rules
B)the right to expect the employee to assist in providing a safe workplace
C)the responsibility to compensate the employee for any workplace injury
D)an obligation to provide a safe workplace

Answer 2

D

Question 3

Which of the following terms refers to what a person has by law, nature, or tradition?

A)rights
B)responsibilities
C)lifestyle choices
D)duties

Answer 3

A

Question 4

Carlos works for a large floral company. He is expected to complete 30 flower arrangements per day to meet the specifications of customer orders. Each arrangement must contain the correct number, kinds, colours, and qualities of flowers in the required arrangement style. Customer complaints about arrangements directly affect how Carlos does on his performance appraisal. Carlos has been angry for several months, saying, "I do my best to meet the order specifications, but the company is cutting corners on the flowers. What we receive is half-wilted, too small, or the wrong mix of types." Which of the following statements best characterizes what is happening here?

A)Carlos is working for a company that is failing to meet its responsibilities to him.
B)Carlos is failing to live up to his responsibilities at work.
C)Carlos is mistakenly seeing his employment relationship as reciprocal rather than as financial.
D)Carlos is exceeding his rights by criticizing the working materials provided to him.

Question 5

Legal provisions may state that upon leaving the organization, an individual is forbidden from approaching existing customers and clients for business for a specific time. In which of the following do such provisions appear?

A)non-solicitation agreement
B)implied contract
C)non-compete covenant
D)separation agreement

Question 6

An engineering firm has hired a new chemical engineer for its research and development department. The company wants to include a non-compete agreement in the employment contract. Which of the following specified periods would be legally defensible?

A)two years
B)three years
C)12 months
D)more than three years

Question 7

Clark has been hired by a consulting firm to do risk analysis. His employment contract specifies that if Clark quits his job, he cannot work as a risk analyst for six months. Which of the following is the kind of clause Clark has agreed to?

A)non-solicitation
B)non-compete
C)non-piracy
D)non-employment

Question 8

Which of the following refers to a type of employment contract clause that protects an organization's intellectual property?

A)non-trespass
B)non-disclosure
C)non-compete
D)non-solicitation

Question 9

Tamara is a private investigator. She and Mega Industries have agreed that she will perform background checks on all applicants for managerial-level positions for one year, for a certain fee and within certain performance guidelines. Which of the following options defines what this agreement gives Tamara?

A)responsibilities without rights
B)implied obligations
C)employment-at-will rights
D)contractual rights

Question 10

Traditionally, which of the following groups were most likely to work according to formal employment contracts?

A)day labourers
B)scientific and technical staff
C)executives and senior managers
D)outside members of boards of directors

Question 11

Parties to an employment relationship regard each other as having equal rights and treat each other with respect. Which of the following best describes the nature of rights and responsibilities where this situation is evident?

A)legal
B)contractual
C)reciprocal
D)adversarial

Question 12

In a landmark case heard before the Supreme Court of Canada (Wallace v. United Grain Growers), an employee, Wallace, was fired for his alleged inability to perform his duties satisfactorily. The Supreme Court found that the company had maintained unfounded allegations against Wallace until the day the wrongful dismissal suit began. Which of the following statements best sets out what the case established?

A)Employees will receive extra notice when the employer behaves callously during termination.
B)The right to fire someone must be within the terms of the employee's employment contract.
C)An implied contract can be enforceable in the courts.
D)Employees are protected from firing due to age discrimination.

Question 13

An individual's employment may be terminated for reasons that are unfair, unreasonable, or without sufficient cause. Which of the following describes this sort of dismissal?

A)unjust
B)no-cause
C)constructive
D)wrongful

Question 14

An employee's eligibility to receive a minimum wage is guaranteed by federal law. Which of the following best clarifies the nature of this eligibility?

A)statutory right of the employee
B)moral obligation of the employer
C)contractual obligation of employer to employee
D)reciprocal relationship of employer and employee

Question 15

Many complaints have reached the director of HR at Clarion Services regarding employees using the company computers for personal email and Web surfing. The problem even extends to managers and professional staff accessing the Web for personal use. Since the managers often work 10 to 12 hours a day, and eat lunch at their desks, they have little time away from work to handle personal business. Which of the following approaches is the most appropriate for the HR director to adopt?

A)Ban all personal use of computers for any reason-computers are the business's property and should be used only for business purposes.
B)Develop a policy to track personal use of computers, and have the employees sign off on it.
C)Allow unrestricted computer use as long as the employee's performance is satisfactory.
D)Allow full use of email because of employee free speech rights; however, install software to make it difficult for employees to access unsuitable websites.

Question 16

A reciprocal relationship has two elements. If one element of the relationship is a right, which of the following is the element that complements it?

A)a tradition
B)a contract
C)a responsibility
D)a law

Question 17

Which of the following is NOT one of the main types of restrictive covenants in employment contracts?

A)non-disclosure
B)non-compete
C)non-solicitation
D)non-trespass

Question 18

Legal provisions may state that intellectual property and trade secrets remain with the firm when an individual leaves. In which of the following are such provisions contained?

A)contractual right
B)non-compete agreement
C)separation agreement
D)employment contract

Question 19

Which of the following best characterizes implied promises made by an employer?

A)can be verbal only
B)can be contained in an employee handbook
C)cannot constitute a legal contract
D)cannot affect the employment relationship

Question 20

When Claudette was hired, her supervisor said that she had a job with the company as long as she performed well. Which of the following statements best reflects Claudette's position with the company?

A)Claudette has an implied contract.
B)Claudette should not expect her job to last long as the supervisor violated federal law when he made this statement.
C)Claudette lacks any real job security: a non-documented promise is non-binding.
D)Claudette is an at-will employee.

Question 21

You have been hired to be the first director of HR for Downtown Foods, Ltd. You are trying to persuade the president of the company to institute a formal complaint procedure. The president argues that if there is a complaint procedure, employees will feel encouraged to make numerous and unsubstantiated complaints, and morale will decline because management will reject most of the complaints. Your most persuasive argument relates to the effect of employees viewing complaint mechanisms as fair and available for use. Which of these ideas will best support your proposed use of complaint mechanisms?

A)The mechanisms will increase employee productivity by increasing employee satisfaction.
B)The mechanisms will keep employees from complaining directly to the president, thereby saving him from the aggravation of dealing with them.
C)The mechanisms will make lawsuits by disgruntled employees less likely.
D)The mechanisms will cause trouble-making employees with unsubstantiated complaints to quit when they see they cannot manipulate the system.

Question 22

Amber, a sales associate in a department store, was terminated for theft. Amber says she is innocent. She also says that she lacked any opportunity to explain the situation and defend herself. Which of the following could Amber argue was violated?

A)just cause
B)progressive discipline
C)due process
D)employment-at-will

Question 23

Which of the following questions presents a criterion for determining just cause for disciplinary action?

A)Was the employee warned of the consequences of the conduct?
B)What is the employee's race, sex, or national origin?
C)Is the employee an hourly employee or a salaried employee?
D)What was this employee's performance and discipline record?

Question 24

Which of the following is NOT a due process consideration for an employer?

A)the factual basis for the decision
B)the use of retaliation against the employee
C)the resulting relationship with the employee's supervisor
D)the availability of a complaint process

Question 25

An employee outside the normal chain of command may act as a problem solver for management and employees. Which of the following titles is most associated with this role?

A)organizational ombuds
B)third party neutral
C)peer review panelist
D)arbitrator

Question 26

Martha is a supervisor at Corinth Laboratories. She tells all her subordinates that they can speak with her at any time about any problem they may have. Which of the following statements explains what Martha's invitation says about her approach to complaint procedures?

A)She is serving as an ombudsperson in her company.
B)She misunderstands the requirements of due process.
C)She has an open door policy.
D)She is encouraging external whistleblowing.

Question 27

Which of the following identifies the dispute resolution procedure most commonly used by Canadian employers?

A)peer evaluation
B)grievance procedure
C)open door policy
D)arbitration

Question 28

Henry was expecting to be promoted to shift supervisor, but George was promoted instead. Henry felt that although he and George both had outstanding performance appraisals, Henry should have gotten the promotion because he was hired six months before George. Seniority should be the deciding factor in Henry's point of view. Which of the following puts a name to Henry's sense of unfairness about the promotion?

A)procedural injustice
B)lack of due process
C)distributive injustice
D)violation of good faith and fair dealing

Question 29

People decide how favourable their outcomes are by comparing them with other people's outcomes. Which of the following concepts is involved in reaching such decisions?

A)just treatment
B)equitable treatment
C)distributive justice
D)procedural justice

Question 30

An employer is preparing a defence against wrongful dismissal. Which of the following possible actions will NOT aid its case?

A)noting in the employee handbook that all employees are subject to termination at its sole discretion
B)maintaining written records of behaviours leading to termination
C)providing accurate performance appraisals for all employees
D)involving more than one person in the termination decision

Question 31

Which of the following questions does procedural justice address?

A)Would the outcomes hold up in court?
B)Was the decision-making process fair?
C)Would a reasonable person agree with the decision?
D)Is the way the outcomes were distributed fair?

Question 32

Which of the following examples does NOT pertain to just cause dismissal?

A)safety infraction
B)theft
C)conflict of interest
D)excessive absenteeism or lateness

Question 33

At times an employer may change an employee's job so thoroughly as to end the employee's employment contract. Which of the following is the approach to dismissal that the employer has adopted?

A)wrongful dismissal
B)wilful dismissal
C)wrongful discharge
D)constructive dismissal

Question 34

Which of the following statements accurately sums up research on workplace mistreatment?

A)Employees who file grievances have already withdrawn psychologically from the workplace.
B)Employees who experience workplace mistreatment tend to quit.
C)Employees who file grievances usually have observed the workplace mistreatment rather than having experienced it.
D)Typically, grievances are filed over workplace mistreatment that exists only in the employees' minds.

Question 35

In the context of a complaint process, how is a peer review panel usually composed?

A)employee and management volunteers
B)volunteers from management
C)representatives from other comparable positions or occupations within the industry
D)employees selected by senior management

Question 36

Which of the following comments best characterizes a peer review panel?

A)is typically the first step in the formal complaint process
B)consists of managers and supervisors selected by top management
C)can reduce the likelihood of employee lawsuits
D)tends to find in the employee's favour over half the time

Question 37

Which of the following is NOT a common alternative method of resolving disputes?

A)arbitration
B)HR review board
C)peer review panel
D)ombuds

Question 38

Pet Products International uses an outside neutral third party to make decisions in situations where disputes arise between employees and management. Which of the following practices is Pet Products using?

A)progressive discipline
B)grievance mediation
C)arbitration
D)peer review

Question 39

For unionized employees, what does due process usually refer to?

A)the right to use the grievance procedure specified in the union contract
B)protection from arbitrary actions by management
C)a right to participate in union activities
D)the right to sue both the union and management for wrongful discharge

Question 40

Which of the following considerations governs just cause for disciplinary actions or dismissal?

A)implicit job rights
B)due process
C)fairness
D)statutory law

Question 41

David is an engineer who considers himself a humorist and a "modern-day Mark Twain." He collects humorous emails from friends throughout the world using his computer at work. Much of this collection is composed of jokes regarding the prime minister, religious leaders, and women. So far, no one at his all-male workplace has complained about his hobby, and during their breaks, co-workers frequently pop into David's cubicle to ask him for the best joke of the day. Which of the following perspectives should HR take on this situation?

A)David's workplace is all male, so complaints about a hostile environment aren't an issue; religious and political commentaries are protected under the constitutional right to free speech.
B)This issue is outside of HR concerns because no one at the workplace has complained, and all activity takes place during non-work times.
C)David's hobby is a potential legal liability for the company.
D)HR can ignore David's hobby because the emails are neither malicious nor threatening.

Question 42

Which of the following possible personal uses of email in the workplace is NOT an employer concern?

A)tendency of employees to create defamatory messages
B)loss of employee productivity
C)online purchasing by employees
D)transmissions of unlawful materials

Question 43

Following basic rules can help employers respect employee privacy in the workplace. Which of the following rules is NOT one tied to respecting employee privacy?

A)Employees' personnel records must be kept for a minimum of one year.
B)Employees' personal information needs to be accurate, complete, and up-to-date.
C)Employees should be able to access their personal information.
D)Employees should normally know about and consent to the collection, use, and disclosure of personal information.

Question 44

Which of the following periods refers to the time for which employee information should be kept in an employee's current file?

A)last 2-3 years
B)last 2 years
C)last 3-4 years
D)last 1-2 years

Question 45

Under the Canadian Human Rights Act, which of the following types of drug testing is prohibited?

A)random alcohol testing for safety-sensitive employees
B)pre-employment testing
C)workplace drug testing
D)post-accident testing

Question 46

Which of these settings is generally most free from video surveillance?

A)retail sales floors
B)production areas
C)lunch rooms
D)parking lots

Question 47

According to best practice, when should background checks be used?

A)when dealing with an employee who has been accused of theft
B)when noticing an employee's strange behaviour
C)when terminating employees
D)when screening applicants

Question 48

Employers can ensure appropriate employee use of the Internet by taking several measures, three of which are listed below. Which measure should employers NOT adopt?

A)restricting Internet access to trusted employees
B)disciplining offenders
C)monitoring employee Internet use
D)developing Internet use policies

Question 49

As director of HR for a regional trucking firm, you have been asked by your CEO to outline the steps that need to be taken in order to place global positioning devices in all the trucks. The goal is to ensure that the truck drivers take approved routes on provincial highways, not "shortcuts" on substandard roads or other deviations. The CEO also wishes to install mileage and time recorders on the trucks to ensure that drivers are taking mandatory rest breaks. Which of the following pieces of advice should you refrain from offering the CEO?

A)Provide feedback to the truckers regarding their performance monitoring in order to help them improve performance.
B)Determine in advance how all the information from performance monitoring will be used.
C)Obtain signed consent forms from the truckers agreeing to performance monitoring.
D)Maintain secrecy about the exact methods of monitoring; otherwise, the truckers will sabotage the tracking devices.

Question 50

Which of the following comments points to the significance of the European Union Data-Protection Directive?

A)The Directive bans the collection of data on employees.
B)The Directive requires employers to tell employees why they are collecting data on them.
C)The Directive serves as the model for the Canadian Employee Data Protection Act.
D)The Directive affects only countries headquartered in the EU.

Question 51

Which of the following records should be contained in the employee's confidential file?

A)documents assessing the employee's promotability
B)private medical-related information
C)current information on employee's address, next of kin, and emergency contact
D)documents older than five years

Question 52

Which of the following statements does NOT outline a recommended part of an email and voice mail policy?

A)All computer passwords and codes must be available to the employer.
B)Email and voice mail may be searched upon 24 hours' notice to the employee.
C)Personal use of email and voice mail is restricted and subject to employer review.
D)Email and voice mail are for business use only.

Question 53

In casinos, video cameras are positioned so that employees' interactions with customers are constantly recorded. For this practice to conform to proper HR procedures, it must meet several criteria. Which of the following is NOT part of proper HR procedures?

A)Those who can view the videos must be strictly limited.
B)Employees must be notified.
C)The local police must be notified of the surveillance.
D)The business purposes for the surveillance must be legitimate.

Question 54

The use of technology for workplace monitoring is growing. With which of the following is it becoming harder to balance employer security rights?

A)with human rights
B)with government regulations
C)with national security
D)with employee privacy concerns

Question 55

Which of the following titles refers to people who expose real or perceived wrongdoing on the part of their employers?

A)Naderites
B)public watchdogs
C)stool-pigeons
D)whistleblowers

Question 56

Legislation now provides Canadians with a right to privacy when it comes to how their personal information is collected, used, and disclosed by private-sector organizations or in federally regulated organizations. Which of the following pieces of legislation addresses this right?

A)Charter of Rights and Freedoms
B)Privacy Act
C)PIPEDA
D)Canadian Human Rights Act

Question 57

Which piece of legislation protects Canadians' right to freedom of expression, or freedom of speech?

A)Charter of Rights and Freedoms
B)Bill C-35
C)Canadian Human Rights Act
D)Privacy Act

Question 58

Which of the following issues pertaining to substance abuse at work is NOT a concern of employers?

A)absenteeism
B)theft/fraud
C)privacy violations
D)health-care expenses

Question 59

Which of the following ways of handling employee records is recommended?

A)Restrict access to records to a limited number of individuals.
B)Keep medical, disciplinary, and performance reports in one separate confidential file.
C)Keep all information regarding an employee's history with the firm.
D)Make employee files available to managers without restriction.

Question 60

Many financial costs are incurred by employers as a result of increased accidents and damage due to substance abuse in the workplace; however, one of the following costs is NOT associated with substance abuse. Which is it?

A)wages for temporary employees
B)fees for hiring security services
C)downtime
D)medical expenses

Question 61

When counselling is a part of the discipline process, which of the following should be its goal?

A)to heighten employee awareness of organizational policies and rules
B)to avoid lawsuits
C)to reinforce organizational procedures and rules
D)to use penalties to discourage undesirable behaviour

Question 62

One approach to discipline incorporates a sequence of steps, each becoming more stringent, all with the purpose of changing the employee's inappropriate behaviour. Which of the following is the name of that approach?

A)behaviour modification
B)progressive discipline
C)step-wise punishment
D)positive discipline

Question 63

General guidelines can focus organizational actions when a choice among various actions arises. Which of the following terms refers to these guidelines?

A)policies
B)practices
C)HR recommendations
D)procedures

Question 64

Which of the following is an example of upward communication in an organization?

A)organizational newsletter
B)electronic message board
C)email announcement
D)the employee handbook

Question 65

Which option represents the best discipline?

A)discipline administered in public
B)positive reinforcement
C)self-discipline
D)discipline administered off the job

Question 66

The positive discipline approach may incorporate a decision day off. As a part of which step does this day occur?

A)discharge
B)counselling
C)written documentation
D)final warning

Question 67

You are HR director of a rural Ontario bank with three branches. One teller, Stacy, has developed an act she puts on at local rodeos where she performs daring feats of horsemanship wearing scanty outfits. She has become well known in the area, and clients will come into the bank and wave hi to "Racy Stacy." Stacy always behaves professionally at work, but you are concerned that her sideline is demeaning to the bank's image. Which of the following statements best expresses how you should approach this issue?

A)Discipline Stacy because she is tarnishing the bank's image. You can require her to quit her rodeo act in order to preserve her job.
B)Discipline Stacy; you will reassure other bank employees that proper procedures have been followed.
C)Seek to control Stacy's outside work. Since banks depend on the community's trust and reliance on the honesty and probity of their employees, federal laws allow banks to intervene in their employees' outside activities.
D)Use discretion; it is unclear that you can discipline Stacy because her rodeo act is an off-work, legal activity.

Question 68

In terms of discipline, which of the following responsibilities belongs to the HR unit?

A)notifying employees who violate rules and policies
B)discussing discipline follow-up with employees
C)designing a progressive discipline process
D)making decisions about discipline

Question 69

Which of the following statements outlines the greatest difficulty with positive discipline?

A)Managers have to be trained to be effective counsellors.
B)Employees will commit transgressions just to get the decision day off as a holiday.
C)Poor performers remain with the organization longer than they otherwise would, with their termination merely delayed.
D)Employees do not take it seriously until they reach the final warning stage.

Question 70

Which of these terms pertains to principles intended to govern how people behave?

A)practices
B)rules
C)procedures
D)policies

Question 71

Because of persistent problems with tardiness, Paul has been through counselling and written documentation. Now he has been given a decision day-off to develop a plan to improve upon his tardy behaviour. Which of the following characterizes the approach to discipline that Paul's employer has taken?

A)punitive
B)positive
C)pragmatic
D)progressive

Question 72

Which of the following resources reliably outlines company policies and rules for employees?

A)employee newsletter
B)employee message board
C)employee handbook
D)selection interview

Question 73

The disciplinary system plays a role in dealing with problem or unproductive employees. Which of the following is its purpose?

A)public rebuke
B)behaviour modification
C)negative rewards
D)punishment

Question 74

Which of the following approaches to employee discipline requires more supervisory time?

A)constructive discipline
B)positive discipline
C)progressive discipline
D)traditional discipline

Question 75

When it comes to discipline, which of the following roles is typically played by the HR unit?

A)giving feedback on the effectiveness of policies and rules
B)reviewing policies and rules with all employees
C)training managers to administer policies, rules, and procedures
D)applying HR policies, rules, and procedures

Question 76

Discipline serves to enforce organizational rules. Which of the following best characterizes discipline?

A)It is a form of training.
B)It is punishment.
C)It is an outcome.
D)It is negative reinforcement.

Question 77

Which of the following actions is NOT part of the progressive discipline process?

A)suspending an employee for the fourth offence
B)writing an initial reprimand for the second offence
C)discharging an employee
D)issuing a verbal caution for the first offence

Question 78

Which of the following statements accurately characterizes employee handbooks?

A)The proper use of disclaimers in employee handbooks can legally protect employers.
B)Employee handbooks of today are much shorter than those of the past were because employers are wary of creating an implied employee contract.
C)Distributing employee handbooks over electronic media is unwise as it opens up the possibility of copying by competitors.
D)Employee handbooks should be written in legalistic and sophisticated language, so that readers interpret the policies exactly as intended.

Question 79

Which of the following terms is associated with usual methods of handling activities?

A)policies
B)rules
C)practices
D)procedures

Question 80

According to one approach to discipline, violations are actions that are usually possible to constructively correct without the employee incurring a penalty. Which of the following refers to that approach?

A)positive discipline
B)problem-solving
C)progressive discipline
D)behaviour modification