Deck 20: The Employment Relationship

Question 1

Which of the following groups is protected by the Employment Equity Act?

A) women,visible minorities,disabled people,Aboriginal peoples
B) women,children,disabled people,Aboriginal peoples
C) visible minorities,the elderly,and women
D) visible minorities,women,and religious minorities

Answer 1

A

Question 2

What percentage of employed Canadians who pay income taxes are subject to federal regulation as opposed to provincial regulation?

A) 10 percent
B) 15 percent
C) 25 percent
D) 50 percent

Answer 2

A

Question 3

Dirk & Howe law firm hired a visually impaired lawyer and is purchasing voice recognition software for the lawyer's use when drafting legal documents.What legal obligation is Dirk and Howe fulfilling?

A) duty to employ
B) duty to accommodate
C) systemic accommodation
D) employment equity

Answer 3

B

Question 4

Although he has appropriate skills and training,Ranjit has been turned down for a job opening at a construction site because he cannot remove his turban based on his religious beliefs and is unable to wear a hardhat.What would a human rights commission most likely determine if Ranjit was to make a complaint?

A) adverse effects discrimination based on a bona fide occupational requirement
B) systemic discrimination on the basis of religion or creed
C) no duty to accommodate on the part of the employer
D) direct discrimination not based on a bona fide occupational requirement

Question 5

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.What 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) An employer's vicarious liability for negligent hiring is a strict liability in law.

Question 6

What commonality exists in the employment relationships between an employer and an independent contractor and an employer and 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 7

What governing body was given the role of enforcing employment equity legislation?

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

Question 8

What body of law has been amended to impose a new legal duty on organizations and individuals to protect the health and safety of workers?

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 9

In Canada,matters such as criminal record,ancestry,and political beliefs are all examples of prohibited grounds of employment discrimination.What 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 10

Safehome Alarms has hired Jackson,an independent contractor,to install its alarm systems into customer homes.What is an important implication of Jackson's status as an independent contractor?

A) Jackson does not have to give notice in the event he wishes to resign his position.
B) Jackson has the freedom to determine his own wages.
C) Safehome will be vicariously liable if Jackson commits a tort while performing the contract.
D) Jackson will not have certain statutory rights and benefits that are typically conferred on employees.

Question 11

Marjorie and Jean,human resource managers,are meeting to discuss the possible reaction of other employees to Hector,who has recently become blind.What is most likely the intention of this employer with respect to Hector?

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

Question 12

Which of the following is a feature of Canada's Employment Equity Act?

A) targets underrepresentation of particular groups in workplaces of 10 or more employees
B) targets underrepresentation of particular groups in workplaces of 100 or more employees
C) targets reverse discrimination in workplaces of 100 or more employees
D) targets reverse discrimination of particular groups in workplaces of 10 or more employees

Question 13

Big Guys Construction is hiring new carpenters to work on a new commercial construction project.In its advertisement,Big Guys specified that preference will be given to workers who are taller than 6 feet.What form of discrimination might this requirement constitute?

A) systemic
B) direct
C) reverse
D) adverse effect

Question 14

Diane provides accounting services to Ablemade Construction,one of her many clients.Each month she picks up paperwork from Ablemade and takes it to her home office and prepares the month end accounts payable,receivable and payroll,using her own computer and specialized accounting software.Which statement best represents the relationship between Diane and Ablemade?

A) Diane is an independent contractor.
B) Diane is an employee of Ablemade.
C) Diane is a dependant contractor.
D) Ablemade must pay Diane statutory termination pay in the event it wishes to terminate their relationship.

Question 15

Tara is a website designer and has arranged to meet with Barb at a coffee shop to discuss a website Barb's company would like pay Tara to design.If Tara undertakes this project,which of the following will most likely result?

A) Barb will assume vicarious liability for Tara's torts.
B) Barb will be obliged to remit payroll taxes from Tara's earnings.
C) Tara's work will be integral to the business.
D) An independent contractual arrangement will be drawn up.

Question 16

Which of the following might an employer have relied upon in its successful bid to convince a human rights commission that it would incur "undue hardship"?

A) evidence that the employer would have to modify its workplace rules
B) evidence that it was acting in good faith
C) evidence that accommodation will require an outlay of cash
D) evidence that accommodation will pose a health and safety risk

Question 17

Gia is an airline pilot with a major Canadian airline and was recently terminated from her employment.If Gia were to challenge her dismissal,which laws would govern the legal dispute?

A) Her rights will be determined entirely under the common law.
B) She will be protected and compensated in accordance with federal legislation and the common law.
C) She will be protected and compensated in accordance with provincial legislation and the common law.
D) Special public sector employees' legislation will protect her interests.

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 resources manager.Tamara is now very uncomfortable under Mr.Black's supervision,and her health and work performance have suffered.Which of the following is a valid concern for the company's human resources manager in these circumstances?

A) Employer liability for negligent hiring is the incentive for the 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

What 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 20

Which of the following is an emerging legal category of worker?

A) equity employee
B) dependent contractor
C) distinct contractor
D) independent employee

Question 21

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

Question 22

What is a unique feature of an employment contract involving the 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 23

Which statement best describes random drug and alcohol testing in the workplace?

A) Employers may conduct random drug and alcohol test at any time.
B) It is permitted only if the employer can prove both a dangerous workplace and an enhanced risk.
C) Employers may conduct random drug and alcohol test in any industrial setting.
D) It is not permitted under any circumstances.

Question 24

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 25

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.What is the source of the employer's ability to effect changes of this nature without incurring liability to the amalgamated employees?

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

Question 26

One of JB Industries' supervisors recently resigned after an internal investigation determined he had sexually harassed a junior employee.What are the implications for JB if the junior employee sues for damages?

A) JB must report the claim to the human rights commission.
B) JB is vicariously liable for the supervisor's conduct.
C) JB will escape liability if it can prove it had no knowledge of the supervisor's conduct.
D) There will be no negative implications for JB.

Question 27

What is a key purpose of workers' compensation legislation?

A) to provide a mechanism for enforcing employment standards
B) to permit injured employees to sue their employers
C) to provide a type of no fault insurance scheme
D) to permit injured employees to sue careless co workers

Question 28

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 29

What legislation is based on the basic concept that the employer and employee contribute to a fund that provides insurance against loss of income?

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

Question 30

Nabamie's job involves investigating complaints and,when necessary,issuing orders requiring compliance with the law.What is Nabamie's occupation?

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

Question 31

Which of the following is NOT typically addressed in employment standards legislation?

A) hours of work and overtime
B) minimum wage
C) the right to safe working conditions
D) termination and severance

Question 32

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,what 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 33

What would be most influenced by the distinction between an employment contract with a specified period and an employment contract where such a specification is absent?

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 34

Divine Decor provides show home decorating services to seven homebuilders in the city.Recently Divine's chief decorator who also managed their client relationships,left their employment to join a competitor.Divine is worried the former employee will solicit Divine's clients.What is Divine's legal position?

A) The former employee has a duty to accommodate.
B) Divine has no legal basis to challenge the solicitation of its clients by the former employee.
C) Divine can sue the competitor for breach of confidentiality.
D) The former employee is likely a fiduciary and is therefore prohibited from soliciting Divine's clients.

Question 35

With respect to employment standards legislation,what is 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 36

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) Marne is an independent contractor.
C) Brelle is casual employee who is not entitled to notice of termination.
D) Marne must give notice of termination.

Question 37

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 38

What 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 vicarious liability for offending the employee's actions.
C) The employer's prima facie interest in workplace safety mitigates the risk of loss.
D) The employer's quick and effective response cancels negligent hiring liability.

Question 39

Which statement best describes the degree of privacy that attaches to text and email messages?

A) Employees impliedly consent to waive privacy over such communications.
B) There is no right to privacy if the worker is using employer equipment.
C) There is an expectation of privacy attaching to such communications.
D) There is no right to privacy if the communication takes place in a workplace setting.

Question 40

Which statement most strongly supports the use of written employment contracts?

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

Question 41

According to the Supreme Court of Canada in Communications,Energy and Paperworkers Union of Canada,Local 30 v.Irving Pulp & Paper,Ltd.,2013 SCC 34,[2013] 2 SCR 458,in which of these situations might alcohol testing be permitted in the workplace?

A) only after a fatal accident
B) when an employer has warned workers before hiring of the company's testing policy
C) when an employer has designed a policy in order to reduce workplace accidents
D) when there has been an accident or near miss,and the employer has reasonable cause to believe alcohol was a factor

Question 42

The Prairie Clerical Workers Union has just received recognition as the bargaining agent for a group of employees.What action 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 43

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

Question 44

Which of the following must private sector employees be concerned with,regarding their personal information?

A) the duration that personal information is retained by an 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 45

A dependent contractor is an employee who is hired for a specific period of time.

Question 46

According to the Federal Court of Canada,what question 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 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 47

Which of the following would be most strongly supported by the need for an employer to establish the 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?

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

Question 48

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

Question 49

About 10% of all employees are subject to federal employment regulation.

Question 50

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

Question 51

Employment standards legislation seeks to impose health and safety protection for workers in the workplace.

Question 52

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 53

The federal Employment Equity Act requires all employers to address the underrepresentation of certain groups in their organizations.

Question 54

What must be proven by an employer who wishes to use video surveillance in the workplace?

A) The loss of privacy is proportionate to the benefit gained.
B) The affected employees have signed releases.
C) There is no expectation of privacy.
D) The results of video surveillance will be shared with affected employees.

Question 55

Discrimination on the basis of sexual orientation is a prohibited ground of discrimination in every province.

Question 56

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

Question 57

Human rights legislation prohibits all types of discrimination in employment.

Question 58

An employer is not usually responsible for the torts of an independent contractor committed in the course of carrying out the contract.

Question 59

One of the factors the court considers in determining whether a worker is an independent contractor is whether the worker provides her own equipment or tools.

Question 60

BFORs have been subject to much controversy,as there is little consensus on what constitutes legitimate,meaningful qualifications or requirements for job applicants.

Question 61

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

Question 62

Employers are vicariously liable for any act of harassment by an employee.

Question 63

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 an interception that is consented to by one of the parties.

Question 64

Briefly outline the key features of industrial relations legislation in Canada.

Question 65

Alcohol and drug testing of employees in safety sensitive jobs is only permissible where the employer has reasonable cause to believe that the employee is impaired while on duty.

Question 66

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

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

Explain the distinction between an employee,a dependent contractor,and an independent contractor.

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

Under what circumstances might an employer be legally entitled to use video surveillance in the workplace?