Deck 20: The Employment Relationship

Question 1

What is 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.

Answer 1

C

Question 2

Ted is a freelance writer and has arranged to meet with Bert at 2:30 to discuss an article Bert's company would like pay Ted to write. 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.

Answer 2

D

Question 3

Renee's employer operates on a policy of promoting from within based on seniority and the ability to competently perform in the position. Renee is 55 years old, and her seniority and experience place her first in line for a promotion to a newly vacant position. She has been informed by her employer that a younger person is preferred for the position. How should Renee pursue recourse in these circumstances?

A) file a complaint with her provincial human rights commission
B) file a complaint with the Canadian Employee Rights Commission
C) file a lawsuit
D) file a complaint with her union's representative

Answer 3

A

Question 4

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) railway company

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

Question 6

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 7

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 8

What are the historical terms for employer and employee?

A) owner and chattel
B) owner and tenant
C) master and domestic
D) master and servant

Question 9

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 10

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 11

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

A) an employer's obligation to modify work rules to the point of undue hardship
B) the adoption of a standard for a purpose connected to job performance
C) an employer's duty to grant leave of absence for sabbaticals
D) the adoption of a standard to fulfill a work-related purpose

Question 12

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 13

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 14

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 15

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

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

Question 16

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 17

A court has decided that work performed by an individual was NOT integral to the business. Which of the following is strongly supported by this finding?

A) The worker is an independent contractor.
B) The worker is an employee.
C) The employer is vicariously liable for the torts committed by the individual.
D) The employer must pay the individual statutory employment benefits.

Question 18

Tegral hosts a nightly newscast on CWB. What would be the most likely result if Tegral becomes injured in the course of his employment?

A) The nature of his employment relationship will be determined according to its duration.
B) He will be protected and compensated by federal legislation.
C) He will be protected and compensated by provincial legislation.
D) Special public sector employees' legislation will protect his interests.

Question 19

Which of the following qualifies as a 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 20

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 21

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 22

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 23

What is the role of the term "compensation" with respect to the essential content of an employment contract?

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

Question 24

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 25

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 26

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 27

Which of the following 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 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. 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 29

Which of the following 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 30

Which of the following is one of the purposes of occupational health and safety legislation?

A) to prevent civil suits by workers against employers
B) to allow workers to sue employers who do not ensure safe workplaces
C) to allow workers to participate in safety issues
D) to allow workers to receive compensation for workplace injuries

Question 31

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 32

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

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

Question 33

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

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 34

Which of the following 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 35

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 36

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 37

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 38

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 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

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 41

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 42

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

Question 43

What is the legal term for the process by which a union is recognized as a bargaining agent for a group of employees?

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

Question 44

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 45

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

Question 46

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 47

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

Question 48

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 49

Human rights legislation prohibits all types of discrimination in employment.

Question 50

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

Question 51

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

Question 52

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

Question 53

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 54

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 55

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 56

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

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

Question 57

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

Question 58

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

Question 59

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 60

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 61

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

Question 62

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 63

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.

Question 64

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

Question 65

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

Question 66

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 67

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 68

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

Question 69

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

Question 70

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

Question 71

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 72

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

Question 73

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

Question 74

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

Question 75

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

Question 76

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