Question 1

Williams was a newly graduated dentist who worked as an associate dentist with Richards at Richards' dental office.Richards had been a dentist for nearly twenty years and had a large patient base.Williams was responsible for attracting new patients to the practice.Richards did not pay Williams a salary,rather,Williams paid a percentage of his gross billings to the practice's management company.
Williams felt that he was paying over too much of his profit and decided to leave the arrangement with Richards and set up his own office.He did not give Richards any notice before he left to open his own practice directly across the street.Williams also photocopied his patients' records and sent them announcements of his new location.
Richards was very upset by Williams' actions and decided to take legal action.He claimed that Williams was not entitled to set up a competing dental practice in such close proximity to his own and that Williams had no right to solicit patients or to misappropriate patient records.Discuss the rights and liabilities of the parties involved and render a decision.

Accepted Answer

The answer of Williams was a newly graduated dentist who...

Question 2

Our society and our laws place great importance on the right of an individual to earn his or her livelihood.Describe the law and the attitude of the courts with respect to the relationship of a union with its members.

Accepted Answer

The answer of Our society and our laws place great...

Question 3

Stanley Morgan was employed by Pharmaco,a pharmaceutical manufacturer,as a commissioned drug salesman.Stanley's responsibilities involved driving throughout the province marketing Pharmaco's product line to medical practitioners and drug retailers.In order to carry out his duties Stanley owned a station wagon which allowed him to carry his samples as well as his luggage for overnight trips.Stanley's employer gave him a substantial fixed,car allowance for using his own vehicle for company business.One sunny Friday in July,Stanley,having completed his sales calls for the day,decided to take the afternoon off and went to play golf.On his way to the course,Stanley was driving into bright sunlight,and failed to see Mrs.Seymore crossing the street,and struck her with the car.Mrs.Seymore suffered numerous injuries from the accident.What are the rights and liabilities of the parties in this case? If legal action were taken,what would be the outcome?

Accepted Answer

The answer of Stanley Morgan was employed by Pharmaco,a pharmaceutical...

Question 4

On occasion,pickets block the entrance to an employer's premises,or may be found on an information-only basis at the premises of an employer's customers or suppliers.Both of these actions are illegal in principal.

Accepted Answer

Picketing at an employer's premises or at their customers or suppliers' premises is considered illegal in principle as it can obstruct business operations and may lead to disruption and potential violence. However, there may be certain exceptions or limitations to this depending on specific labor laws and regulations.

Question 5

The notion of "suspending" an employee,while a common disciplinary measure under collective agreements,has no basis in the Common Law.

Accepted Answer

Suspending an employee is not a legal concept under Common Law. It is typically a disciplinary measure used under collective agreements or company policies.

Question 6

Following 22 years of employment as an accounts manager with a medium-sized manufacturing firm,Marlene's employer was placed into receivership and the assets of the firm were sold.As a result,her contract of employment was terminated.Marlene completed an application for employment with Xenco Inc.,which had purchased the assets from the receiver.Xenco accepted Marlene's application and she commenced employment immediately.All of Marlene's employment records were transferred from the defunct files of her former employer.She was given the responsibility of supervising a department of fifteen employees,and within six months was awarded a substantial wage increase commensurate with other employees at Xenco with long standing.Shortly thereafter,Xenco began to experience declining sales as the result of an economic downturn and,after 18 months of employment,Marlene's services were terminated.Discuss the issues presented by this fact situation.What responsibilities rest with Marlene?

Accepted Answer

The answer of Following 22 years of employment as an...

Question 7

It is not always clear whether a person is an employee.Numerous methods have been developed for examining the nature of the relationship.Describe the various methods which have been established and the relative usefulness of each.Include in your answer an explanation of why the determination is relevant.

Accepted Answer

The answer of It is not always clear whether a...

Question 8

Explain the nature of the relationship between senior employees and their employers.Use examples to clarify your answer.

Accepted Answer

The answer of Explain the nature of the relationship between...

Question 9

Explain the process by which a trade union may become the exclusive bargaining representative of a group of employees and,in particular,the method by which a labour relations board may determine the extent of employee support for the union in a particular bargaining unit.

Accepted Answer

The answer of Explain the process by which a trade...

Question 10

Amanda was employed full-time for five years as a sales clerk by Shop 'n' Save department store.Occasionally she was required to work on Friday evenings and Saturdays.Amanda,who had never had any strong religious beliefs,married the young son of a devout family.After her marriage,Amanda adopted her husband's religion which prohibited her from working from sundown Friday to sundown Saturday.She then informed her employer that she would no longer be able to work during these times.The store manager advised her that Saturday work was a prerequisite for a full time position and offered her a part-time position as an alternative.Amanda accepted the position which reduced her hours and,thus,her salary by 30%.She subsequently filed a complaint with the Human Rights Commission.What arguments would be available to the parties involved in this dispute? Render a decision.

Accepted Answer

The answer of Amanda was employed full-time for five years...

Question 11

The employees of a small factory have many complaints about their employer and their working conditions.They gather for a meeting to discuss possible pursuits to solve the problem.By vote,they decide to create a bargaining unit and join a union to represent their collective interests.The union representative contacts the employer to inform him of the employees' actions.The employer refuses to bargain in any fashion.The basis is that he does not recognize the union as the representative of his employees and will not proceed to bargain until the union is "certified." He does not have this right.

Accepted Answer

The employer does have the right to refuse to bargain until the union is certified. In the United States, the National Labor Relations Act requires that an employer recognize and bargain with a union that has been certified as the representatives of its employees through a legal election process. Until then, the employer is not required to negotiate with the union.

Question 12

While an employer may choose to recognize a union as a bargaining representative,only the employees may certify a union as a bargaining representative.

Accepted Answer

The answer of While an employer may choose to recognize...

Question 13

Describe the various laws which impose obligations on employers and govern employment relationships.

Accepted Answer

The answer of Describe the various laws which impose obligations...

Question 14

Compare and contrast the treatment of employees with respect to discharge and discipline under a collective agreement and in the Common Law employment relationship.What are the implications of the unionized situation for an employer's hiring decisions?

Accepted Answer

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Question 15

A union has just announced to a pool of prospective workers that there will be an upcoming "hiring hall." This event occurs when a union matches its unemployed members with employers who require workers.At a later general membership meeting some of the union members were discussing the results of the "hiring hall." As discussion progressed the participants noticed a pattern of hiring.All the new people hired were visible minority females.A group of white males,feeling the practice had been unfair,filed a collective complaint against the union on the basis that the union neglected its duty of Fair Representation.Discuss this scenario with respect to union,government and public policies dealing with standards and qualifications hiring.

Accepted Answer

The answer of A union has just announced to a...

Question 16

The employees of Willows Department Store in Meadowvale Shopping Centre had been represented by a union for several years.Shortly before the most recent collective agreement was about to expire and before a notice to bargain was given to management by the union,the employer sent a memo to all employees announcing that it would no longer provide free parking for its employees in the shopping centre's parking garage.Within a week,notice to bargain was given by the union and in the subsequent negotiations the free parking matter was made a bargaining issue.The union also alleged that the employer had breached the law in its announcement of this matter.What issue(s)does this situation raise?

Accepted Answer

The answer of The employees of Willows Department Store in...

Question 17

Employees who are terminated may seek remedies from the court if they believe they have been wrongfully dismissed.Discuss the nature of such remedies available and the factors which are considered in evaluating such cases.

Accepted Answer

The answer of Employees who are terminated may seek remedies...

Question 18

Explain the philosophy behind the original (and today's)Worker's Compensation legislation.What significant benefit did workers obtain beyond simply an insurance scheme,and why was this benefit particularly significant to them?

Accepted Answer

The answer of Explain the philosophy behind the original (and...

Quiz 19: Employment and Labour Relations