Deck 19: Employment and Labour Relations

Question 1

Mei owns a Chinese food restaurant.Her cook,named Wing,speaks only Chinese and no English.The clientele are a mixture of Chinese-speaking and English-speaking people.Mary,who only speaks English applies for a job as a server.Mei does not hire her even though she has a lot of experience.Mei will only hire someone who can speak Chinese.Can she do this?

A)Yes,the ability to speak Chinese is a bona fide occupational requirement; therefore there is no discrimination under the human rights legislation.
B)Yes,human rights legislation does not apply to the employment of servers.
C)No,human rights legislation prohibits discrimination in the hiring of employees.
D)No,human rights legislation does not apply to the employment of servers.
E)No,the ability to serve food is the only bona fide occupational requirement,therefore there is discrimination under the human rights legislation.

Answer 1

A

Question 2

After a falling out with his boss at a very large industrial company,Gary,a junior executive,finds that he receives more than his share of the "undesirable" work around the office.His parking spot is reassigned to a more distant parking lot,and an office shuffle results in his desk being moved out of his private office,and into an area the staff calls "the bullpen." Which of the following most relate to Gary's situation?

A)Fundamental breach of employment relationship
B)Termination without cause
C)Doctrine of disruption of corporate culture
D)Doctrine of constructive dismissal
E)Doctrine of vicarious liability

Answer 2

D

Question 3

Implied duties of the employee include

A)the duty to obey all reasonable orders of the employer in the ordinary course of employment.
B)the duty to use property of the employer in a careful manner.
C)the duty to keep confidential all information obtained.
D)the duty to obey all reasonable orders of the employer in the ordinary course of employment and to use property of the employer in a careful manner.
E)All these are implied duties.

Answer 3

D

Question 4

Contracts of indefinite hiring

A)give rise to the most claims of unjust dismissal.
B)are not subject to the Statute of Frauds.
C)do not meet the fourfold test.
D)exempt the employer from findings of vicarious liability.
E)All of the responses are correct.

Question 5

Tim was an employee working at a ski resort.While repairing a chairlift,he was seriously injured.The court ruled that the employer should have posted warning signs about the danger of working on chairlifts.Which law would the court have used to make their decision?

A)Employment standards laws
B)Workers compensation
C)Occupational health and safety laws
D)Human rights laws
E)Common Law

Question 6

Laws regulating employee working conditions deal with matters such as

A)physical aspects of employment and minimum terms of employment.
B)sanitary facilities.
C)health and safety in a plant or building.
D)minimum wage rates and fumes,dust and equipment.
E)sanitary facilities and health and safety in a plant or building.

Question 7

An employer is liable to third parties where

A)the employer is found vicariously liable for the actions of his employee.
B)the employee is found vicariously liable for actions of the employee.
C)the third party is harmed by the negligent action of the employer.
D)the employer is found vicariously liable for the actions of his employee and the third party is harmed by negligent action of the employee.
E)the employee is found vicariously liable for actions of the employee and the third party is harmed by negligent action of the employer.

Question 8

Bill is hired as a personal account representative.When he starts work he is dismayed to discover that he will be a cashier.What law will apply to Bill's lawsuit?

A)Employment standards laws
B)Workers compensation
C)Occupational health and safety laws
D)Human rights laws
E)Common Law

Question 9

To be enforceable,a contract of employment must be

A)in writing if for a fixed period greater than one year and not terminable on notice.
B)in writing if for a fixed period less than one year and terminable on proper notice.
C)in writing if for a period not fixed.
D)None of the responses are correct

Question 10

Disruption of the corporate culture is

A)a requirement for a finding of wrongful hiring.
B)grounds for an action against an employer.
C)grounds for dismissal of an employee.
D)an element of constructive dismissal.
E)None of the responses are correct.

Question 11

Labour relations boards have authority to

A)certify unions as bargaining agents.
B)determine the appropriate bargaining unit.
C)arbitrate disputes arising from the administration of collective agreements.
D)hold representation votes.
E)certify unions,determine the appropriate bargaining unit and hold representation votes.

Question 12

Notice of termination must be

A)reasonable.
B)in writing.
C)timely.
D)All of these criteria are required.

Question 13

Willy and Sid both work for a concrete company.They are constantly circulating jokes about "newfies" on the company email.The company recently hired Ed,a "newfie." What law will prohibit this activity?

A)Employment standards laws
B)Workers compensation
C)Occupational health and safety laws
D)Common Law
E)Human rights laws

Question 14

Anil just received a job offer to be a waiter at the Zen 7 restaurant.He was told he will be paid minimum wage plus 60% of the tips from his tables.Which law will establish minimum wage?

A)Employment standards laws
B)Human rights laws
C)Occupational health and safety laws
D)Workers compensation laws
E)Common Law

Question 15

The employer is liable for injury to the employee

A)where the employee has against a senior employee for negligent action.
B)where the employee failed to properly perform his duties.
C)where the employer negligently harms a third party.
D)None of the responses are correct.

Question 16

The Statute of Frauds must be complied with to make an employment contract enforceable where the contract

A)has only been reduced to an exchange of letters.
B)is of fixed duration greater than one year.
C)is of indefinite hiring.
D)is for a salaried position.
E)meets the organizational test.

Question 17

The fourfold test has been described by the court to involve consideration of

A)duties of employee,control,organization and adjunct business activities.
B)control,organization,chance of profit,complex interpersonal relationships.
C)risk of profit,organization and risk of loss.
D)ownership of tools,risk of loss,chance of profit,control.

Question 18

In most provinces,occupational health and safety legislation requires the employer to ensure that

A)employees are fairly compensated with "danger pay."
B)employees are fully protected from occupational and safety hazards on the job.
C)employees are fully trained to safely perform their duties where hazards are associated with the work.
D)employees are fully protected from occupational and safety hazards on the job and employees are fully trained to safely perform their duties where hazards are associated with the work.
E)All are required by occupational health and safety legislation.

Question 19

Where the first knowledge of termination received by a bank employee is from an automated bank machine that refuses to return their staff-encoded credit card on the basis of "Staff privilege revoked,"

A)the dismissal is unjust.
B)an action for punitive damages may succeed.
C)the bank has engaged in tactics of constructive dismissal.
D)All of the responses are correct.
E)None of the responses are correct.

Question 20

Laws dealing with the employment contract deal with matters including

A)health and safety inspection.
B)minimum wages,maximum work hours,holiday and vacation pay.
C)training in safe handling of equipment and substances.
D)All of the responses are correct.
E)None of the responses are correct.

Question 21

The university's collective agreement states that it agrees to only hire trades people who belong to a trade union.What kind of clause is this?

A)Restrictive covenant
B)Certification clause
C)Closed-shop clause
D)Union-shop clause
E)Bargaining unit clause

Question 22

Choose the most correct statement: Where a place of employment is a union shop,

A)the employer may only hire persons who are already members of the union.
B)the employer may only hire persons who are already members of the bargaining unit.
C)an employee's employment is conditional on maintaining his or her union membership.
D)secondary picketing is prohibited.
E)all employees will have been provided from a hiring hall.

Question 23

The university's collective agreement states that part-time instructors must become union members after they have instructed more than two consecutive terms.What kind of clause is this?

A)Restrictive covenant
B)Certification clause
C)Closed-shop clause
D)Union-shop clause
E)Bargaining unit clause

Question 24

The ACME Widget Co.has just received notice from the newly certified Widget Union requesting a meeting with management to bargain for a first collective agreement with its employees.

A)The union has been uncooperative throughout the negotiation process which will force the negotiations to first agreement arbitration.
B)If an agreement cannot be reached the parties may choose between third party intervention or strike/lockout.
C)ACME would be bargaining in good faith if it negotiated with the union,but ultimately rejects most of the union demands.
D)During the negotiations the union may run advertisements in the local newspaper setting out its requests in order to gain public support for its position.
E)All of the responses are correct.

Question 25

Labour legislation establishes the parameters for which processes?

A)Certification,Negotiation,Administration
B)Creation,Negotiation,Disciplinary,Collective Agreement
C)Certification,Negotiation,Arbitration
D)Creation,Arbitration,Administration
E)None of the answers are correct.

Question 26

Baxter,at age 45,was hired as the general manager of the CountrySide Shipping Company by Carrothers,the company president.The initial contract of employment was for a three-year term,and was embodied in an exchange of letters between Baxter and Carrothers in 1982.At the end of the three-year term,Baxter continued on as general manager,receiving annual increases in salary,executive profit sharing,pension contributions,and discretionary bonuses,if business was exceptionally good in a given year.In January,1994,for no apparent reason,Carrothers called Baxter into his office,and told him his services were no longer required.Carrothers offered Baxter a week's salary as "severance pay." At the time of termination,Baxter was earning a salary of $70,000 per year,received company paid pension contributions of $5,000 annually,and,in 1993,had received $3,000 from profits shared,and a $5,000 bonus.Baxter,on receipt of notice of termination from Carrothers,must immediately seek other employment to mitigate his loss,if he intends to take legal action against the company for lost wages.

Question 27

A lawful strike may not occur

A)after all required third-party assistance has been attempted.
B)in certain jurisdictions before a first collective agreement has been negotiated.
C)when a collective agreement is not in effect.
D)unless it is limited to the premises of the employer.
E)unless it is limited to the premises of the employer and in certain jurisdictions before a first collective agreement has been negotiated.

Question 28

Where the employees decide that collective bargaining no longer serves its purpose they can terminate their collective bargaining relationship with their employer.What is the first step in terminating this relationship?

A)Certification request
B)Decertification request
C)Decertification hearing
D)Certification hearing
E)Labour relations board declaration

Question 29

Baxter,at age 45,was hired as the general manager of the CountrySide Shipping Company by Carrothers,the company president.The initial contract of employment was for a three-year term,and was embodied in an exchange of letters between Baxter and Carrothers in 1982.At the end of the three-year term,Baxter continued on as general manager,receiving annual increases in salary,executive profit sharing,pension contributions,and discretionary bonuses,if business was exceptionally good in a given year.In January,1994,for no apparent reason,Carrothers called Baxter into his office,and told him his services were no longer required.Carrothers offered Baxter a week's salary as "severance pay." At the time of termination,Baxter was earning a salary of $70,000 per year,received company paid pension contributions of $5,000 annually,and,in 1993,had received $3,000 from profits shared,and a $5,000 bonus.One week's salary as severance pay would be the equivalent of reasonable notice for Baxter under the circumstances.

Question 30

Baxter,at age 45,was hired as the general manager of the CountrySide Shipping Company by Carrothers,the company president.The initial contract of employment was for a three-year term,and was embodied in an exchange of letters between Baxter and Carrothers in 1982.At the end of the three-year term,Baxter continued on as general manager,receiving annual increases in salary,executive profit sharing,pension contributions,and discretionary bonuses,if business was exceptionally good in a given year.In January,1994,for no apparent reason,Carrothers called Baxter into his office,and told him his services were no longer required.Carrothers offered Baxter a week's salary as "severance pay." At the time of termination,Baxter was earning a salary of $70,000 per year,received company paid pension contributions of $5,000 annually,and,in 1993,had received $3,000 from profits shared,and a $5,000 bonus.Baxter is not entitled to any notice of termination,because his written contract of employment expired in 1985.

Question 31

The ACME Widget Co.reached an agreement for a first collective agreement with the Widget Union.

A)The collective agreement encourages employees to make individualized contracts with the employer to meet an employee's special needs.
B)A common option for resolving disputes that arise under the Agreement is third-party mediation.
C)An arbitrator's decision regarding a dispute arising under the collective agreement is binding on the parties.
D)Arbitrators are generally reluctant to reinstate wrongfully dismissed employees and usually limit compensation to monetary damages,thereby avoiding the creation of an unpleasant personal relationship.
E)All of the responses are correct.

Question 32

A trade union

A)is essentially a partnership.
B)may not engage in activities in restraint of trade.
C)may not deny membership to persons already belonging to other unions.
D)may compel an employer to recognize it as exclusive bargaining representative of the employees by means of a lawful strike.
E)None of the responses are correct.

Question 33

A process under labour legislation whereby a trade union acquires bargaining rights and is designated as the exclusive bargaining representative of a unit of employees is called

A)the union process.
B)the selection process.
C)the bargaining process.
D)the negotiation process.
E)the certification process.

Question 34

Representation votes are held

A)to determine which group of employees should comprise the bargaining unit.
B)to determine that a new union is bona fide and not supported by the employer.
C)to approve the terms and conditions of a collective agreement negotiated between the employer and union representatives.
D)to determine employee support for a union in a bargaining unit.
E)All of the responses are correct.

Question 35

Parties must include the following clauses in their collective agreement:

A)union recognition.
B)management rights.
C)no strikes or lockouts.
D)grievance procedure and arbitration.
E)union recognition and no strikes or lockouts.

Question 36

Where the employees decide that collective bargaining no longer serves its purpose they can terminate their collective bargaining relationship with their employer.What is the final step in terminating this relationship?

A)Certification request
B)Decertification request
C)Decertification hearing
D)Certification hearing
E)Labour relations board declaration

Question 37

Baxter,at age 45,was hired as the general manager of the CountrySide Shipping Company by Carrothers,the company president.The initial contract of employment was for a three-year term,and was embodied in an exchange of letters between Baxter and Carrothers in 1982.At the end of the three-year term,Baxter continued on as general manager,receiving annual increases in salary,executive profit sharing,pension contributions,and discretionary bonuses,if business was exceptionally good in a given year.In January,1994,for no apparent reason,Carrothers called Baxter into his office,and told him his services were no longer required.Carrothers offered Baxter a week's salary as "severance pay." At the time of termination,Baxter was earning a salary of $70,000 per year,received company paid pension contributions of $5,000 annually,and,in 1993,had received $3,000 from profits shared,and a $5,000 bonus.At Common Law,Carrothers is required to give Baxter reasonable notice of termination.

Question 38

Compulsory Arbitration eliminates

A)the right to strike.
B)the right to lockout.
C)arbitration boards.
D)information pickets and secondary picketing.
E)the right to strike and the right to lockout.

Question 39

An employee's rights under collective bargaining differ from the Common Law employment relationship with respect to

A)right to strike.
B)discipline and discharge.
C)freedom to contract.
D)All of the responses are correct.

Question 40

Arbitrators

A)are expected to hold a hearing to investigate the circumstances surrounding a dispute.
B)may not directly examine witnesses.
C)render awards which are binding on the parties and may not be altered.
D)are restricted to determining disputes which arise out of violations of the collective agreement.
E)All of the responses are correct.

Question 41

Any unilateral action by an employer which alters the terms or conditions of employment is actionable as wrongful dismissal.

Question 42

Nuvolari was employed by Simple Delivery as a truck driver.While engaged in the delivery of goods for a local merchant,Nuvolari was involved in a serious motor vehicle accident.Simple Delivery,Nuvolari's employer,would be vicariously liable for his negligence.

Question 43

Baxter,at age 45,was hired as the general manager of the CountrySide Shipping Company by Carrothers,the company president.The initial contract of employment was for a three-year term,and was embodied in an exchange of letters between Baxter and Carrothers in 1982.At the end of the three-year term,Baxter continued on as general manager,receiving annual increases in salary,executive profit sharing,pension contributions,and discretionary bonuses,if business was exceptionally good in a given year.In January,1994,for no apparent reason,Carrothers called Baxter into his office,and told him his services were no longer required.Carrothers offered Baxter a week's salary as "severance pay." At the time of termination,Baxter was earning a salary of $70,000 per year,received company paid pension contributions of $5,000 annually,and,in 1993,had received $3,000 from profits shared,and a $5,000 bonus.In determining the amount of damages to which Baxter would be entitled,the judge would total the salary and benefits that Baxter would ordinarily have received during the period of reasonable notice,and deduct any earnings made by him during that time.

Question 44

Baxter,at age 45,was hired as the general manager of the CountrySide Shipping Company by Carrothers,the company president.The initial contract of employment was for a three-year term,and was embodied in an exchange of letters between Baxter and Carrothers in 1982.At the end of the three-year term,Baxter continued on as general manager,receiving annual increases in salary,executive profit sharing,pension contributions,and discretionary bonuses,if business was exceptionally good in a given year.In January,1994,for no apparent reason,Carrothers called Baxter into his office,and told him his services were no longer required.Carrothers offered Baxter a week's salary as "severance pay." At the time of termination,Baxter was earning a salary of $70,000 per year,received company paid pension contributions of $5,000 annually,and,in 1993,had received $3,000 from profits shared,and a $5,000 bonus.For a person in Baxter's position,reasonable notice might be in the range from six months to a year or more.

Question 45

Jennifer is employed as a data entry clerk.Her job involves typing each day the information gathered from financial markets around the world into the firm's computer system.When Jennifer learns that she is pregnant,she asks her supervisor to change her job responsibilities to a position that does not require her to sit in front of her computer terminal for the duration of her pregnancy.Jennifer's doctor has advised her that low-level radiation given off by video display terminals may be harmful to the baby.Jennifer has heard of a special shield which covers video display terminals to reduce radiation emissions.She may refuse to resume her work,without fear of dismissal,until her employer provides her with a shield.

Question 46

Baxter,at age 45,was hired as the general manager of the CountrySide Shipping Company by Carrothers,the company president.The initial contract of employment was for a three-year term,and was embodied in an exchange of letters between Baxter and Carrothers in 1982.At the end of the three-year term,Baxter continued on as general manager,receiving annual increases in salary,executive profit sharing,pension contributions,and discretionary bonuses,if business was exceptionally good in a given year.In January,1994,for no apparent reason,Carrothers called Baxter into his office,and told him his services were no longer required.Carrothers offered Baxter a week's salary as "severance pay." At the time of termination,Baxter was earning a salary of $70,000 per year,received company paid pension contributions of $5,000 annually,and,in 1993,had received $3,000 from profits shared,and a $5,000 bonus.In a wrongful dismissal case,to determine reasonable notice,the judge would take into consideration Baxter's position in the firm,his age,years of service,and the opportunities for him to find other employment.

Question 47

The most accepted manner of determining whether an individual is an employee is to examine the services provided by the individual on the basis of whether the work which is done is an integral part of the business or accessory to it.

Question 48

A contract of employment that allows an employee to terminate the employment relationship at will must be in writing to be enforceable.

Question 49

Baxter,at age 45,was hired as the general manager of the CountrySide Shipping Company by Carrothers,the company president.The initial contract of employment was for a three-year term,and was embodied in an exchange of letters between Baxter and Carrothers in 1982.At the end of the three-year term,Baxter continued on as general manager,receiving annual increases in salary,executive profit sharing,pension contributions,and discretionary bonuses,if business was exceptionally good in a given year.In January,1994,for no apparent reason,Carrothers called Baxter into his office,and told him his services were no longer required.Carrothers offered Baxter a week's salary as "severance pay." At the time of termination,Baxter was earning a salary of $70,000 per year,received company paid pension contributions of $5,000 annually,and,in 1993,had received $3,000 from profits shared,and a $5,000 bonus.If Baxter wished to have his job back,rather than receive damages,he could ask the court for an award of specific performance.

Question 50

Nuvolari was employed by Simple Delivery as a truck driver.While engaged in the delivery of goods for a local merchant,Nuvolari was involved in a serious motor vehicle accident.If Nuvolari,as a driver for Simple Delivery,was delivering the goods for a local merchant,the local merchant would be liable for the damages,because Simple Delivery was engaged by the merchant to make the delivery.

Question 51

Graham,aged 45 years,served as plant manager at a manufacturing firm for five years.His annual salary was $55,000.As a result of a corporate reorganization,Graham was given one month's notice of termination which was considered by management to be the length of time necessary for an employee to find a similar paying job.In an action for wrongful dismissal an employee's damages are calculated as the net loss actually incurred from the date of termination to the end of the reasonable notice period as it is determined.

Question 52

Graham,aged 45 years,served as plant manager at a manufacturing firm for five years.His annual salary was $55,000.As a result of a corporate reorganization,Graham was given one month's notice of termination which was considered by management to be the length of time necessary for an employee to find a similar paying job.Graham may bring an action for reinstatement in his former position if he feels he has been wrongfully dismissed.

Question 53

Jennifer is employed as a data entry clerk.Her job involves typing each day the information gathered from financial markets around the world into the firm's computer system.When Jennifer learns that she is pregnant,she asks her supervisor to change her job responsibilities to a position that does not require her to sit in front of her computer terminal for the duration of her pregnancy.Jennifer's doctor has advised her that low-level radiation given off by video display terminals may be harmful to the baby.If Jennifer's employer cannot accommodate her request he may dismiss her for inability to perform her duties.

Question 54

Baxter,at age 45,was hired as the general manager of the CountrySide Shipping Company by Carrothers,the company president.The initial contract of employment was for a three-year term,and was embodied in an exchange of letters between Baxter and Carrothers in 1982.At the end of the three-year term,Baxter continued on as general manager,receiving annual increases in salary,executive profit sharing,pension contributions,and discretionary bonuses,if business was exceptionally good in a given year.In January,1994,for no apparent reason,Carrothers called Baxter into his office,and told him his services were no longer required.Carrothers offered Baxter a week's salary as "severance pay." At the time of termination,Baxter was earning a salary of $70,000 per year,received company paid pension contributions of $5,000 annually,and,in 1993,had received $3,000 from profits shared,and a $5,000 bonus.The type of action which Baxter might bring against the company would be for wrongful dismissal.

Question 55

Ted Johnson is employed as vice-president of marketing for a large consumer products corporation whose products include dishwashing and laundry detergent.Ted recently spoke out at a marketing conference at which media were present that his company's products are harmful to the environment and the public should avoid using them.Ted's employer may terminate him without notice.

Question 56

Nuvolari was employed by Simple Delivery as a truck driver.While engaged in the delivery of goods for a local merchant,Nuvolari was involved in a serious motor vehicle accident.If the delivery that Nuvolari was making for the local merchant was in Nuvolari's spare time,and not during his working hours for Simple Delivery,Simple Delivery would not be liable.

Question 57

Baxter,at age 45,was hired as the general manager of the CountrySide Shipping Company by Carrothers,the company president.The initial contract of employment was for a three-year term,and was embodied in an exchange of letters between Baxter and Carrothers in 1982.At the end of the three-year term,Baxter continued on as general manager,receiving annual increases in salary,executive profit sharing,pension contributions,and discretionary bonuses,if business was exceptionally good in a given year.In January,1994,for no apparent reason,Carrothers called Baxter into his office,and told him his services were no longer required.Carrothers offered Baxter a week's salary as "severance pay." At the time of termination,Baxter was earning a salary of $70,000 per year,received company paid pension contributions of $5,000 annually,and,in 1993,had received $3,000 from profits shared,and a $5,000 bonus.Any earnings received by Baxter for a reasonable time after he left the employ of the company would be taken into consideration in determining the damages to which he might be entitled as a result of his termination.

Question 58

Jennifer is employed as a data entry clerk.Her job involves typing each day the information gathered from financial markets around the world into the firm's computer system.When Jennifer learns that she is pregnant,she asks her supervisor to change her job responsibilities to a position that does not require her to sit in front of her computer terminal for the duration of her pregnancy.Jennifer's doctor has advised her that low-level radiation given off by video display terminals may be harmful to the baby.Jennifer's employer is obligated to comply with her request only if it does not cause a serious disruption to his business.

Question 59

Graham,aged 45 years,served as plant manager at a manufacturing firm for five years.His annual salary was $55,000.As a result of a corporate reorganization,Graham was given one-month's notice of termination which was considered by management to be the length of time necessary for an employee to find a similar paying job.Graham's employer has considered the most important factor in determining his notice period.

Question 60

Nuvolari was employed by Simple Delivery as a truck driver.While engaged in the delivery of goods for a local merchant,Nuvolari was involved in a serious motor vehicle accident.If the accident was due to the negligence of Nuvolari,he alone would be liable to the injured party for the damages caused.

Question 61

A group of employees who are employed in the plant of the Crosscut Lumber Company decided to form a union.Where the Labour Relations Board is in doubt as to the support for the union,but a large number of employees appear to be in favour of collective bargaining,the Board will usually hold a vote to determine the wishes of the employees.

Question 62

When collective bargaining negotiations broke down between the Soft Rock Miners' Union and Consolidated Moose Pastures Mining Company,the union called a lawful strike of its members.Picket lines were set up at the entrance to the mine.The union would be held liable for all illegal acts of individual members that occur on the picket line on the basis of vicarious liability.

Question 63

A group of employees who are employed in the plant of the Crosscut Lumber Company decided to form a union.If a collective agreement is negotiated by the union and the employer,it will be binding on the employees as well.

Question 64

An employer is vicariously liable for any loss or damage suffered by a third party as a result of an employee's actions.

Question 65

After the company's delivery van broke down,Cynthia was sent by her employer,Perfect Printing Ltd.,to deliver a rush order of printed forms to a customer in a neighbouring city.In order to do so,Cynthia rented a car in her own name and completed the delivery.On her way back Cynthia rear-ended another car that was stalled at an intersection.The rental car company is entitled to bring an action only against Cynthia for damages.

Question 66

One who accepts a job only to find that the responsibilities and authority of the position are much less than were described may obtain damages for negligent misrepresentation,but importantly they will have to show that they have suffered a loss of something other than high expectations.

Question 67

The Workers' Compensation Act provides compensation for employees injured during the course of their employment in addition to their right to take legal action for damages.

Question 68

A group of employees who are employed in the plant of the Crosscut Lumber Company decided to form a union.In a regular certification,the union must show that a majority of the employees in the bargaining unit wish to be represented by the union.

Question 69

A group of employees who are employed in the plant of the Crosscut Lumber Company decided to form a union.The Labour Relations Board determines the appropriateness of the bargaining unit before it certifies the union as the bargaining representative of the employees.

Question 70

While employers must ensure that they conduct their management without discrimination,there is also an obligation on all employers to ensure that employees do not behave in a discriminatory manner between one another in the workplace.

Question 71

A formula of one-and-a-half weeks pay for each year of service,with a further one-week's pay for each year of age over age 45 is reasonable severance pay,with respect to employment law,on termination due to plant closure for a 50-year-old person with 29 years service as a skilled machinist.

Question 72

A group of employees who are employed in the plant of the Crosscut Lumber Company decided to form a union.The method of resolving disputes which arise out of the collective agreement is by way of compulsory arbitration.

Question 73

A group of employees who are employed in the plant of the Crosscut Lumber Company decided to form a union.Employees in a bargaining unit represented by a trade union are not permitted to negotiate with their employer on an individual basis.

Question 74

The organization test is replacing the fourfold test as the determinant of the existence of an employment relationship.

Question 75

A group of employees who are employed in the plant of the Crosscut Lumber Company decided to form a union.The employees must first establish a union,or invite an existing union to accept them as members before they may request the employer to bargain collectively.

Question 76

After the company's delivery van broke down,Cynthia was sent by her employer,Perfect Printing Ltd.,to deliver a rush order of printed forms to a customer in a neighbouring city.In order to do so,Cynthia rented a car in her own name and completed the delivery.On her way back Cynthia rear-ended another car that was stalled at an intersection.The accident victim may bring an action against Cynthia's employer for damages.

Question 77

When collective bargaining negotiations broke down between the Soft Rock Miners' Union and Consolidated Moose Pastures Mining Company,the union called a lawful strike of its members.Picket lines were set up at the entrance to the mine.If the strike is lawful,the pickets may block the roadway into the mine.

Question 78

When collective bargaining negotiations broke down between the Soft Rock Miners' Union and Consolidated Moose Pastures Mining Company,the union called a lawful strike of its members.Picket lines were set up at the entrance to the mine.If violence occurs on the picket line,and in spite of police assistance damage results,the company may apply to the court for an injunction to reduce the number of pickets,and prevent blockage of the entrance to the property.

Question 79

A group of employees who are employed in the plant of the Crosscut Lumber Company decided to form a union.If the employer refuses to voluntarily bargain with the chosen bargaining agent of the employees,the bargaining agent must be certified by the Labour Relations Board before it may require the employer to engage in collective bargaining.

Question 80

While an employee may exhibit morally reprehensible behaviour or character away from the workplace on his or her own time,a court will not allow employers to raise this in support of dismissal of the employee.