Question 1

Marne's contract states her employment arrangement is for one year,while Brelle's contract is silent on that point.In what way are Marne's employment obligations different from Brelle's?

Accepted Answer

Marne's contract specifies a one-year term, so her employment ends automatically at the end of the term unless renewed. Brelle's contract is silent on the term, implying it is an indefinite-term contract, which typically requires notice for termination.

Question 2

Which of the following would an employment lawyer most likely indicate to a human resource manager as most strongly supporting the use of written employment contracts?

Accepted Answer

The answer of Which of the following would an employment...

Question 3

A senior commercial secretary worked 18 overtime hours on a large commercial deal.Her request for overtime pay was denied.The lawyer indicated that because he often required her to oversee the work of his junior secretary and her contract provided for salaried remuneration,her entitlement to overtime pay was effectively eliminated.In this regard,which of the following would most likely be the position of the provincial labour board?

Accepted Answer

The lawyer's position that the senior commercial secretary is not entitled to overtime pay because of her supervisory role over junior secretaries is likely unenforceable. The provincial labour board may view this as an attempt to circumvent overtime laws and deny the employee her rightful compensation. Furthermore, the fact that her contract provided for salaried remuneration does not necessarily eliminate her entitlement to overtime pay, as it ultimately depends on the specific job duties and responsibilities of the employee.

Question 4

The distinction between an employment contract with a specified period and an employment contract where such a specification is absent would have the greatest influence on which of the following?

Accepted Answer

The presence or absence of a specified period in an employment contract primarily affects how the termination of employment is handled, as it determines whether the contract is for a fixed term or indefinite term.

Question 5

In the case of RBC Dominion Securities Inc.v.Merrill Lynch Canada Inc.,2008 SCC 54,the court stated that "the duty does not necessarily extend to preventing parting employees from taking client information...." In this instance,what duty is the Supreme Court referring to?

Accepted Answer

The Supreme Court was referring to the duty of confidentiality, which involves protecting sensitive information but does not necessarily prevent employees from taking client information when they leave.

Question 6

Which of the following would a legal risk manager say offers the strongest support for an employer developing and implementing a workplace harassment policy?

Accepted Answer

The answer of Which of the following would a legal...

Question 7

What commonality do casual workers,some part-time workers,and agricultural workers share?

Accepted Answer

All three types of workers are often excluded from entitlement to employment insurance benefits, as they may not meet the requirements for minimum hours worked or earnings during the qualifying period.

Question 8

After the amalgamation of Satellite Sounds Ltd.with RMK Broadcasting Inc.,human resource managers were assigned the task of changing job duties and reassigning responsibilities among the amalgamated workforce.Which of the following is the source of the employer's ability to effect changes of this nature without incurring liability to the amalgamated employees?

Accepted Answer

The answer of After the amalgamation of Satellite Sounds Ltd.with...

Question 9

After amendment in 1985,the law now provides "Everyone who undertakes,or has the authority,to direct how another person does work or performs a task is under a legal duty to take reasonable steps to prevent bodily harm to that person,or any other person,arising from that work or task." What is the body of law that was amended to contain that provision?

Accepted Answer

The provision is part of the Criminal Code of Canada, which was amended to include this duty under Bill C-45, also known as the "Westray Bill," in 2004.

Question 10

In order to be entitled to 12 weeks of sick leave after completing three continuous months of employment,which sector of employment would Tabatha have to be gainfully working in?

Accepted Answer

The Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for specified family and medical reasons. The federal government sector is a covered employer under FMLA, hence Tabatha would have to be working in the federal government sector to be entitled to 12 weeks of sick leave after completing three continuous months of employment.

Question 11

Generations of Canadian men returned to their families following their victories in the First and Second World Wars.In addition to establishing Canada's independence as a nation and liberating the European peoples from tyrannical oppression,which of the following are examples of the legacies they ultimately created to better protect the economic interests of their descendants?

Accepted Answer

The Employment Insurance Act and the Canada Pension Plan were created to provide economic security for Canadians and their families.

Question 12

Which of the following denotes a unique feature of an employment contract involving inclusion of benefit packages,job descriptions,and company rules and policies?

Accepted Answer

Inclusion by reference refers to the incorporation of external documents, such as benefit packages, job descriptions, and company rules and policies, into an employment contract.

Question 13

In a matter involving a workplace accident causing the death of an employee,which of the following factors should be considered by the court in imposing the penalty against the employer?

Accepted Answer

The court should consider the causation by and degree of criminal negligence in determining the penalty, as it directly relates to the employer's responsibility and culpability in the workplace accident.

Question 14

With respect to the essential content of an employment contract,what is the role of the term "compensation"?

Accepted Answer

The answer of With respect to the essential content of...

Question 15

In the absence of any written contractual provisions or a finding that an employee was a fiduciary,which of the following will have the greatest influence on the employee with respect to an employee's duty to not compete?

Accepted Answer

In the absence of a written contract or fiduciary duty, an employee's duty to not compete typically ends when the employment relationship ends.

Question 16

Rose's lawyer obtained compensation for her loss of income,emotional stress,and expenses incurred in finding a new job.Rose hadn't contemplated her position being terminated when she accepted the position 18 months ago.To receive an award for these types of damages,which of the following must Rose's lawyer have had to rely on as the grounds for her claim?

Accepted Answer

Rose's lawyer would have had to rely on the grounds of breach of oral promise, as Rose accepted the position 18 months ago without contemplating her position being terminated. If there was an oral promise made by the employer that ensured job security or longevity, then the employer would be in breach of that promise by terminating Rose's position. Negligent hiring, inducing breach of contract, and systemic discrimination do not necessarily apply to this scenario.

Question 17

In what way are a stipulation of a probation period and a stipulation of termination provision similar?

Accepted Answer

Both a probation period and a termination provision are common stipulations in an employment contract. A probation period is a designated period of time during which an employer can evaluate an employee's performance before deciding whether to continue their employment, while a termination provision outlines the conditions under which either the employer or employee can terminate the employment relationship. Both stipulations are considered requisite content in an employment contract.

Question 18

With respect to employment standards legislation,which of the following would be considered a valid difference between jurisdictions with respect to bereavement and sick leave?

Accepted Answer

The answer of With respect to employment standards legislation,which of...

Question 19

Hamal asked Rolene to a lunch meeting.During lunch,he suggested Rolene would enjoy better remuneration and opportunities for advancement with his company.One week later,Rolene gave her employer one month's notice of her termination of employment.In these circumstances,which of the following would provide the strongest support for a legal action by Rolene's former employer?

Accepted Answer

Hamal could be held liable for inducing Rolene to breach her contract with her former employer by suggesting better remuneration and opportunities for advancement with his company. This would give the strongest support for a legal action by Rolene's former employer. While Rolene is obliged to give adequate notice of termination to her employer, this does not provide support for a legal action by the former employer. Additionally, there is no indication that Rolene's ability to work for competitors is limited by restrictive covenants or that she owes fiduciary obligations to her past employer in this scenario.

Question 20

Nabamie's job involves investigating complaints and,when necessary,issuing orders requiring compliance with the law.Considering the foregoing,Nabamie's occupation must be which of the following?

Accepted Answer

An employment standards officer investigates complaints related to employment laws and can issue orders to ensure compliance with these laws.

Quiz 20: The Employment Relationship