Deck 20: The Employment Relationship

Question 1

Renee's employer operates on a policy of promoting from within based on seniority and ability to competently perform in the position.Cathy is retiring and has been training Renee,whose seniority and experience place her first in line for the promotion into Cathy's position.The human resource manager unexpectedly hired his close friend to fill Cathy's position.Which of the following is a valid choice for Renee to use to pursue recourse in these circumstances?

A) a complaint and ensuing investigation by provincial Human Rights Commission
B) the investigation of a filed complaint by the Canadian Employee Rights Commission
C) filing a lawsuit is the only option of recourse for Renee
D) filing a complaint with her union's representative

Answer 1

A

Question 2

A judge is hearing a matter involving a claim for damages by an employee.The plaintiff alleges she suffered harm in the course of performing her employment duties caused by a new manager's careless actions.Which of the following is a distinguishing characteristic of this type of action?

A) Claims alleging an employer's negligent hiring must prove fault by that party.
B) Vicarious liability for negligent hiring relieves the errant employee of liability.
C) Proof of an employer fault isn't required for vicarious liability for employees.
D) Employer's vicariously liability for negligent hiring is a strict liability in law.

Answer 2

A

Question 3

Which of the following governing bodies was given the role of enforcing employment equity legislation in 1996?

A) the Canadian Human Rights Commission
B) provincial human rights commissions
C) the Supreme Court of Canada
D) the Canadian Employment Standards Commission

Answer 3

A

Question 4

In law,which of the following is synonymous with an employer's duty to accommodate?

A) employer's exemption from ensuing imposition of undue hardship
B) adoption of a standard for a purpose connected to job performance
C) employer's duty to grant leave of absence for sabbaticals
D) adoption of a standard to fulfill a work-related purpose

Question 5

Which of the following is a commonality found between the employment relationship of an independent contractor and that of an employee?

A) Both are short-term and temporary in nature.
B) Tax savings and flexibility can be derived from either relationship.
C) Both involve a master.
D) Work and services are exchanged for remuneration.

Question 6

Marjorie and Jean,human resource managers,are meeting to discuss the possible reaction of other employees to the circumstances that will surround Hector,who has recently become blind.In this regard,which of the following would most likely be reflective of the intention of this employer with respect to Hector?

A) to prove undue hardship relating to guidelines for productivity of the organization
B) to accommodate employee's with special needs
C) to prove impossibility to accommodate special needs
D) to follow Supreme Court guidelines regarding what constitutes undue hardship

Question 7

Which of the following workplaces would most likely be affected by the Employment Equity Act?

A) medical laboratory
B) credit union
C) police department
D) passenger train

Question 8

Which of the following is the most common defence to an allegation of employment-related discrimination?

A) approved affirmative action
B) approved employment equity plans
C) bona fide occupational requirement
D) group insurance or pension plans

Question 9

With respect to the employment relationship,the historical terms for employer and employee are "master" and "servant." Accordingly,those historical terms are synonymous with which of the following?

A) simplicity of employment arrangement
B) fewer legal and financial obligations
C) short-term and temporary
D) long-term and permanent

Question 10

Robert signed Ranjit into the Legion as his guest so they could participate in the dart tournament,but Ranjit was refused permission to enter the club premises.Out of respect for their fallen comrades,the Legion forbids wearing of hats or head coverings on their premises.Ranjit cannot remove his turban based on his religious beliefs.With respect to this conflict between a strictly held military veteran's custom of honour and a religious belief,which of the following would a human rights commission most likely determine?

A) exemption of private club from discrimination prohibition
B) discrimination caused by adverse effects
C) evidence of intentional systemic discrimination
D) clear case of direct and explicit discrimination

Question 11

Of the approximately 27 million employed Canadians paying income tax,how many are estimated to be subject to federal regulation?

A) 2.7 million
B) 4.2 million
C) 3.0 million
D) 1.35 million

Question 12

Which of the following denotes the commonality shared by marital status and physical and mental disability?

A) They are reasonable limits on the equality employment rights of older persons.
B) They are defined terms of prohibited discrimination set out in human rights legislation.
C) They are prohibited grounds of discrimination under all Canadian employment legislation.
D) They are prohibited as systemic discrimination contrary to employment insurance legislation.

Question 13

If a court has answered the question of whether work performed by an individual was integral to the business in the negative,which of the following would be strongly supported by that finding?

A) The work performed is incidental to the normal work of the business.
B) Sharing of profits and losses is indicative of an employee relationship.
C) A search for the total relationship of the parties is required.
D) Subject to limited exceptions, there may be a claim for employer's vicarious liability.

Question 14

Ted arranged to meet with Bert at 2:30 to discuss an article Bert would like Ted to write.Ted isn't certain his schedule will allow for any more assignments from Bert's department.Bert is hoping Ted has the latest upgrade of computer software needed to undertake this project.If Ted undertakes this project,which of the following will most likely result?

A) Ted will have a favourable salary review.
B) Income tax will be deducted at source.
C) Ted's work will be integral to the business.
D) An independent contractual arrangement will be drawn up.

Question 15

In Canada,matters such as criminal record,ancestry,and political beliefs are all examples of prohibited grounds of employment discrimination.Which of the following is the most likely source of these types of prohibited grounds?

A) all Canadian employment legislation
B) legislation in Ontario and Quebec
C) legislation in Manitoba and the Yukon
D) legislation in some jurisdictions

Question 16

Tegral hosts a nightly news cast on CWB.Should Tegral innocently be injured in the course of his employment,which of the following would most likely result?

A) The nature of his employment relationship will be determined according to its duration.
B) He will be protected and compensated by federal legislation of general application.
C) He will be protected by legislation that did not require senate approval.
D) The special public sector employees legislation will protect his interests.

Question 17

A matter involving alleged damages arising from a company's employment equity program is before the courts.The judge must consider whether the policy is a form of discrimination.Which of the following would strongly support a determination to that effect by the court?

A) prohibitions on reverse discrimination under the of Charter of Rights and Freedoms
B) breach of pre-hiring promises concerning the nature of the employment
C) representations made regarding the scope and equitable viability of the job
D) policies targeting the disadvantaged are open to challenges of underinclusivity

Question 18

Six months ago,Mr.Black was hired to manage Tamara's department.Since then,she has reported two incidents of sexual harassment to her human rights manager.Tamara is now very uncomfortable under Mr.Black's supervision,and her health and work performance have suffered.Which of the following would a law professor most likely indicate as being a valid concern of the human resources manager in these circumstances?

A) Employer liability for negligent hiring is the incentive for prevention of such torts.
B) Tamara is simply responding in a personal capacity to a perceived affront.
C) Employees who hold management positions are exempt from vicarious liability.
D) Employers lack sufficient ability to control the conduct of managers.

Question 19

Which of the following would be strongly influenced by the combined effects of many rules,practices,and policies that lead to a discriminatory outcome?

A) approved equity plans
B) systemic discrimination
C) discrimination
D) discrimination by adverse effects

Question 20

Which of the following would a business law professor most likely indicate as being a qualified BFOR?

A) The circumstances involve a person disabled by mental illness.
B) An employee has satisfied the onus placed on him of proving the qualification.
C) Accommodation is demonstrated to be possible for a disabled person.
D) A legitimate business purpose and good faith occasioned its adoption.

Question 21

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?

A) Brelle must give notice of termination.
B) Historical use of indefinite-term contracts was uncommon.
C) Historical use of definite term contracts was common.
D) Marne must give notice of termination.

Question 22

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?

A) Law requires employment contracts to be written.
B) Written terms override terms implied by law.
C) Law abrogates the parties' ability to tailor the contract.
D) Written terms introduce certainty in the relationship.

Question 23

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?

A) The lawyer's position is enforceable.
B) The lawyer's position is unenforceable.
C) Overtime must be paid at 1.5 times the minimum wage.
D) Managers and supervisors are not entitled to overtime pay.

Question 24

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?

A) indefinite-term contractual arrangement
B) termination of employment arrangement
C) duration of fixed-term contract
D) oral or written form of employment contract

Question 25

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?

A) duty to give notice
B) duty not to compete
C) duty of confidentiality
D) fiduciary duty

Question 26

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

A) The employer's liability remains intact but penalties will be less or nonexistent.
B) The employer will be relieved from vicariously liability for offending the employee's actions.
C) The employer's prima facie interest in workplace safety mitigates risk of loss.
D) The employer's quick and effective response cancels negligent hiring liability.

Question 27

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

A) exclusion from entitlement to employment insurance benefits
B) exclusion from entitlement to paid sick or bereavement leaves
C) exclusion from entitlement to be paid for working overtime
D) exclusion from entitlement to workers' compensation benefits

Question 28

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?

A) recital of management rights in employment contracts
B) company policies or reference to employee policy manual
C) employer's right to define description of work to be performed
D) employer's defined ownership of intellectual property

Question 29

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?

A) the federal Employment Standards Act
B) provincial employment standards legislation across Canada
C) the Criminal Code of Canada
D) each province's workers' compensation legislation

Question 30

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?

A) unionized sector
B) federal government sector
C) private federal contractors sector
D) public contractors sector

Question 31

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?

A) the Employment Insurance Act and the Canada Pension Plan
B) various worker' compensation acts in all provincial jurisdictions
C) the Employment Equity Act and the Quebec Pension Plan
D) the Canadian Charter of Rights and Freedoms

Question 32

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

A) inclusion by implied terms
B) inclusion by express terms
C) inclusion by actual agreement
D) inclusion by reference

Question 33

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?

A) workers' rights to refuse to work in unsafe conditions
B) causation by and degree of criminal negligence
C) workers' rights to participate in safety issues
D) occupational health and safety legislation

Question 34

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

A) refers to salary, wages, overtime, pension
B) refers to wages, bonuses, salary
C) refers to salary, vacation pay, pensions
D) refers to salary, wages, vacation pay

Question 35

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?

A) The duty is enforceable for two years.
B) The employee must obtain a signed release from the employer.
C) The duty is considered to be at an end.
D) The employee's duty survives termination.

Question 36

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?

A) negligent hiring
B) inducing breach of contract
C) breach of oral promise
D) systemic discrimination

Question 37

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

A) requisite content in a definite-term employment contract
B) requisite content in a indefinite-term employment contract
C) requisite content in an employment contract
D) requisite of employment standards legislation

Question 38

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?

A) Employees are entitled to be paid during leaves.
B) Time taken for leaves may be deducted from vacation time.
C) Wages paid for leaves may be reduced by 1.5 percent.
D) Payment for bereavement or sick leave is optional.

Question 39

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?

A) Rolene is obliged to give adequate notice of termination to an employer.
B) Rolene's ability to work for competitors is limited by restrictive covenants.
C) Rolene owes fiduciary obligations to her past employer.
D) Rolene's past employer may sue Hamal for inducing breach of contract.

Question 40

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?

A) Court of Queen's Bench judge
B) employment standards officer
C) small claims court officer
D) Labour Standards inspection officer

Question 41

Laws that specify minimum standards in a workplace are provided by employment equity legislation.

Question 42

In order to avoid liability for negligent hiring,the onus rests with an employer,who must prove that it was not careless in hiring,training or supervising.

Question 43

The Prairie Clerical Workers Union has just received recognition as the bargaining agent for a group of employees.Which of the following would the union president most likely immediately undertake?

A) substantive collective bargaining efforts to secure a collective agreement
B) voluntary certification of the union by the group's employer
C) voluntary bargaining in good faith with the party of the employer
D) a legal strike to demonstrate the substantive increase in bargaining power

Question 44

The process by which a union is recognized as a bargaining agent for a group of employees is legally described as which of the following?

A) union membership drive
B) collective bargaining
C) certification
D) collective agreement

Question 45

Employment equity legislation in all jurisdictions requires employers to pay overtime to non-management employees after varying number of hours have been worked.

Question 46

Adverse effects discrimination involves a workforce that is overwhelmingly dominated by males,such as the male-dominated federal Parliament.

Question 47

Laws designed to improve the status of certain designated groups are contained in employment standards legislation.

Question 48

Human rights legislation prohibits all types of discrimination in employment.

Question 49

The need for an employer to establish lack of consent to a prohibited act,its reasonable steps to prevent the act being committed,and subsequent reasonable steps to mitigate or avoid the act's consequences would most strongly support which of the following?

A) negligent hiring defence
B) negligent death defence
C) BFOR defence
D) due diligence defence

Question 50

Marne's employment contract provides for her remuneration in return for the services she performs.

Question 51

The less direction and supervision provided by the employer,the more likely that the relationship is one of employment.

Question 52

If a particular ground is absent from the human rights legislation,the exclusion may be challenged as a violation of the equality provisions of the Canadian Charter of Rights and Freedoms.

Question 53

Public sector legislation protects employee information such as performance reviews,work activity reports,disciplinary reports,and credit ratings.Private sector employees,on the other hand,lack legislated protection and therefore must be concerned with which of the following?

A) duration that personal information is retained by the employer
B) the designation of a personal information supervisor
C) security safeguards implemented to protect their personal information
D) the employer's control, collection, and use of their personal information

Question 54

Systemic discrimination involves the application of a rule that appears to be neutral but has discriminatory effects.

Question 55

The Supreme Court of Canada has indicated that the nature of the employment relationship is a question of fact and will vary with the situation.

Question 56

A defence that excuses discrimination on a prohibited ground when it is done in good faith and for a legitimate business reason is legally known as a bona fide occupational requirement.

Question 57

With respect to the employment circumstances of Canadian women employed in the private sector,which of the following is a discrimination that all governments with the exception of Ontario and Quebec have failed to address?

A) sexual harassment
B) employment equity
C) employment insurance
D) pay equity

Question 58

The distinction between an employee and an independent contractor for purposes of vicarious liability is increasingly being called into question by the courts.

Question 59

According to the Federal Court of Canada,which of the following is the question that must be asked at step 3 of the test used to determine the appropriateness of video surveillance?

A) Is the measure necessary to the specific needs?
B) Is there a less privacy-invasive way of achieving the same end?
C) Is it likely to be effective in meeting that need?
D) Is the loss of privacy proportionate to the benefit gained?

Question 60

A lawyer would describe an arrangement of an employee's workplace or duties to enable the employee to perform a work function without undue hardship as an employer's duty to accommodate.

Question 61

Briefly describe the phases involved in an employer's hiring process and indicate what legal issues may arise and their consequence.

Question 62

List the essential content that should be included in an employment contract.

Question 63

Explain why the distinction between an employee and an independent contractor is important.

Question 64

Discuss the jurisdiction of both the federal and provincial governments to make laws that affect employees.

Question 65

Define harassment and list the various forms that such conduct may take.

Question 66

Ontario and Quebec are the only provinces in which pay equity legislation applies to the private sector.

Question 67

Once the parties have entered into the collective bargaining process,each is bound by a duty of good faith to make substantive efforts to negotiate a collective agreement that provides for grievance and arbitration procedures for resolving disputes as opposed to strikes by employees and lockouts by employers.

Question 68

Describe the distinction between an employee and an independent contractor that is not a distinction based in law.

Question 69

Pay equity involves provisions designed to ensure that female and male employees receive the same compensation for performing similar or substantially similar work.

Question 70

Describe the test set out in the Supreme Court of Canada's decision in Meiorin that must be met by an employer to justify the standard or qualification for a BFOR.

Question 71

List the general categories of benefits covered by most employment standards legislation.

Question 72

A body that administers labour relations legislation and recognizes certification of a union as a bargaining agent for a group of employees is typically described as the industrial labour relations board.

Question 73

Intrusive searches of employees or their belongings are carefully scrutinized by the Canadian courts.

Question 74

Identify the two methods by which a union may be recognized as a bargaining agent for a group of employees.

Question 75

The Criminal Code provides that it is an offence to intercept a private communication,but the section does not apply to communications that are not private or to interception that is consented to by one of the parties.

Question 76

A company is reviewing each step of its employee hiring process to ensure that it is avoiding discriminating practices.Identify and list the elements that the company "should do" to meet this goal with respect to this particular process.