Deck 8: Employment Law

Question 1

Brown,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 Brown and Carrothers in 1992.At the end of the three-year term,Brown 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 2004,for no apparent reason,Carrothers called Brown into his office and told him his services were no longer required.Carrothers offered Brown a week's salary as "severance pay." At the time of termination,Brown was earning a salary of $70,000 per year,received company-paid pension contributions of $5,000 annually,and,in 2003 had received $3,000 from profits shared,and a $5,000 bonus.
Brown is not entitled to any notice of termination,because his written contract of employment expired in 1995.Should this be more recent?

Answer 1

False

Question 2

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.

Answer 2

True

Question 3

Brown,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 Brown and Carrothers in 1992.At the end of the three-year term,Brown 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 2004,for no apparent reason,Carrothers called Brown into his office and told him his services were no longer required.Carrothers offered Brown a week's salary as "severance pay." At the time of termination,Brown was earning a salary of $70,000 per year,received company-paid pension contributions of $5,000 annually,and,in 2003 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 Brown's position in the firm,his age,years of service,and the opportunities for him to find other employment.

Answer 3

True

Question 4

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 5

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 6

Brown,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 Brown and Carrothers in 1992.At the end of the three-year term,Brown 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 2004,for no apparent reason,Carrothers called Brown into his office and told him his services were no longer required.Carrothers offered Brown a week's salary as "severance pay." At the time of termination,Brown was earning a salary of $70,000 per year,received company-paid pension contributions of $5,000 annually,and,in 2003 had received $3,000 from profits shared,and a $5,000 bonus.
Brown,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 7

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 8

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 9

Brown,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 Brown and Carrothers in 1992.At the end of the three-year term,Brown 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 2004,for no apparent reason,Carrothers called Brown into his office and told him his services were no longer required.Carrothers offered Brown a week's salary as "severance pay." At the time of termination,Brown was earning a salary of $70,000 per year,received company-paid pension contributions of $5,000 annually,and,in 2003 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 Brown under the circumstances.

Question 10

Brown,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 Brown and Carrothers in 1992.At the end of the three-year term,Brown 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 2004,for no apparent reason,Carrothers called Brown into his office and told him his services were no longer required.Carrothers offered Brown a week's salary as "severance pay." At the time of termination,Brown was earning a salary of $70,000 per year,received company-paid pension contributions of $5,000 annually,and,in 2003 had received $3,000 from profits shared,and a $5,000 bonus.
Any earnings received by Brown 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 11

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 12

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 13

Brown,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 Brown and Carrothers in 1992.At the end of the three-year term,Brown 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 2004,for no apparent reason,Carrothers called Brown into his office and told him his services were no longer required.Carrothers offered Brown a week's salary as "severance pay." At the time of termination,Brown was earning a salary of $70,000 per year,received company-paid pension contributions of $5,000 annually,and,in 2003 had received $3,000 from profits shared,and a $5,000 bonus.
For a person in Brown's position,reasonable notice might be in the range from six months to a year or more.

Question 14

Brown,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 Brown and Carrothers in 1992.At the end of the three-year term,Brown 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 2004,for no apparent reason,Carrothers called Brown into his office and told him his services were no longer required.Carrothers offered Brown a week's salary as "severance pay." At the time of termination,Brown was earning a salary of $70,000 per year,received company-paid pension contributions of $5,000 annually,and,in 2003 had received $3,000 from profits shared,and a $5,000 bonus.
In determining the amount of damages to which Brown would be entitled,the judge would total the salary and benefits that Brown would ordinarily have received during the period of reasonable notice,and deduct any earnings made by him during that time.

Question 15

Brown,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 Brown and Carrothers in 1992.At the end of the three-year term,Brown 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 2004,for no apparent reason,Carrothers called Brown into his office and told him his services were no longer required.Carrothers offered Brown a week's salary as "severance pay." At the time of termination,Brown was earning a salary of $70,000 per year,received company-paid pension contributions of $5,000 annually,and,in 2003 had received $3,000 from profits shared,and a $5,000 bonus.
The type of action that Brown might bring against the company would be for wrongful dismissal.

Question 16

Brown,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 Brown and Carrothers in 1992.At the end of the three-year term,Brown 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 2004,for no apparent reason,Carrothers called Brown into his office and told him his services were no longer required.Carrothers offered Brown a week's salary as "severance pay." At the time of termination,Brown was earning a salary of $70,000 per year,received company-paid pension contributions of $5,000 annually,and,in 2003 had received $3,000 from profits shared,and a $5,000 bonus.
At Common Law,Carrothers is required to give Brown reasonable notice of termination.

Question 17

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 18

Brown,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 Brown and Carrothers in 1992.At the end of the three-year term,Brown 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 2004,for no apparent reason,Carrothers called Brown into his office and told him his services were no longer required.Carrothers offered Brown a week's salary as "severance pay." At the time of termination,Brown was earning a salary of $70,000 per year,received company-paid pension contributions of $5,000 annually,and,in 2003 had received $3,000 from profits shared,and a $5,000 bonus.
If Brown wished to have his job back,rather than receive damages,he could ask the court for an award of specific performance.

Question 19

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 20

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 21

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 may also set up lawful picket lines during a lawful strike at the premises of all customers and suppliers of the employer for the purpose of shutting down their businesses,and to require them to buy from competitors of their employer.

Question 22

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 23

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 24

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

Question 25

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 26

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 that 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 27

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.
Non-striking employees must take care not to injure pickets as they enter or leave the mine.

Question 28

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 29

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

Question 30

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

Question 31

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 32

After the company's delivery van broke down,Cynthia was sent by her employer,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,which was stalled at an intersection.
The accident victim may bring an action against Cynthia's employer for damages.

Question 33

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 purpose of the picket line at law is limited to the peaceful conveyance of information,and not to prevent entry into the employer's place of business.

Question 34

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 35

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 36

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 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 that is done is an integral part of the business or accessory to it.

Question 37

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 that arise out of the collective agreement is by way of compulsory arbitration.

Question 38

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 39

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 40

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.
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 41

Martha has been employed by Manufacturing Ltd.for several years as plant nurse.She is paid an hourly wage and reports to the plant manager with respect to accident reports and establishing safety procedures.Recently,an international union applied to the provincial labour relations board for certification as the bargaining representative of the 76 Manufacturing plant employees.
A demand by an employer for terms in a collective agreement that limit or eliminate the union's right to determine certain aspects of the employment relationship would not constitute good faith bargaining.

Question 42

After the company's delivery van broke down,Cynthia was sent by her employer,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,which was stalled at an intersection.
The Workers' Compensation Act provides compensation for employees injured during the course of their employment as well as the right to take legal action for damages.

Question 43

Employees at Space-Age Industries staged a lawful strike after all attempts to reach a collective agreement had failed.The employees printed pamphlets stating that the nature of their dispute with Space-Age was inadequate wage increases and hours of work.Picket lines were set up at the entrance to the employer's premises and each person who came to the premises was stopped by the picketers and given a pamphlet.
Compulsory arbitration is not restricted to the essential services sector and may be used by any parties facing a strike situation.

Question 44

Martha has been employed by Manufacturing Ltd.for several years as plant nurse.She is paid an hourly wage and reports to the plant manager with respect to accident reports and establishing safety procedures.Recently,an international union applied to the provincial labour relations board for certification as the bargaining representative of the 76 Manufacturing plant employees.
The union will be unsuccessful in including Martha in the bargaining unit.

Question 45

Employees at Space-Age Industries staged a lawful strike after all attempts to reach a collective agreement had failed.The employees printed pamphlets stating that the nature of their dispute with Space-Age was inadequate wage increases and hours of work.Picket lines were set up at the entrance to the employer's premises and each person who came to the premises was stopped by the picketers and given a pamphlet.
Disputes arising out of the interpretation,application,or administration of the collective agreement must be resolved by compulsory mediation provided for under collective bargaining legislation.

Question 46

Employees at Space-Age Industries staged a lawful strike after all attempts to reach a collective agreement had failed.The employees printed pamphlets stating that the nature of their dispute with Space-Age was inadequate wage increases and hours of work.Picket lines were set up at the entrance to the employer's premises and each person who came to the premises was stopped by the picketers and given a pamphlet.
The actions by the employees in this case do not constitute lawful picketing.

Question 47

After the company's delivery van broke down,Cynthia was sent by her employer,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,which was stalled at an intersection.
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 48

Martha has been employed by Manufacturing Ltd.for several years as plant nurse.She is paid an hourly wage and reports to the plant manager with respect to accident reports and establishing safety procedures.Recently,an international union applied to the provincial labour relations board for certification as the bargaining representative of the 76 Manufacturing plant employees.
If negotiations fail to produce an agreement acceptable to the parties,any further action is prohibited until third-party assistance has been introduced.

Question 49

Employees at Space-Age Industries staged a lawful strike after all attempts to reach a collective agreement had failed.The employees printed pamphlets stating that the nature of their dispute with Space-Age was inadequate wage increases and hours of work.Picket lines were set up at the entrance to the employer's premises and each person who came to the premises was stopped by the picketers and given a pamphlet.
This situation would constitute unlawful picketing only if entry were refused to any person refusing to accept a pamphlet.

Question 50

After the company's delivery van broke down,Cynthia was sent by her employer,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,which was stalled at an intersection.
The rental car company is entitled to bring an action only against Cynthia for damages.

Question 51

Employees at Space-Age Industries staged a lawful strike after all attempts to reach a collective agreement had failed.The employees printed pamphlets stating that the nature of their dispute with Space-Age was inadequate wage increases and hours of work.Picket lines were set up at the entrance to the employer's premises and each person who came to the premises was stopped by the picketers and given a pamphlet.
An employer who believes there to be an excessive number of picketers at any one time may apply for a court order to limit the numbers.

Question 52

Employees at Space-Age Industries staged a lawful strike after all attempts to reach a collective agreement had failed.The employees printed pamphlets stating that the nature of their dispute with Space-Age was inadequate wage increases and hours of work.Picket lines were set up at the entrance to the employer's premises and each person who came to the premises was stopped by the picketers and given a pamphlet.
A member of a bargaining unit who is dismissed for just cause may be entitled to a lesser penalty or reinstatement.

Question 53

After the company's delivery van broke down,Cynthia was sent by her employer,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,which was stalled at an intersection.
A union may be certified as bargaining agent for the employees of a chartered bank pursuant to the provisions of the Canada Labour Code.

Question 54

After the company's delivery van broke down,Cynthia was sent by her employer,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,which was stalled at an intersection.
Boris,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;importantly,he will have to show that he has suffered a loss of something other than high expectations.

Question 55

After the company's delivery van broke down,Cynthia was sent by her employer,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,which was stalled at an intersection.
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.

Question 56

Martha has been employed by Manufacturing Ltd.for several years as plant nurse.She is paid an hourly wage and reports to the plant manager with respect to accident reports and establishing safety procedures.Recently,an international union applied to the provincial labour relations board for certification as the bargaining representative of the 76 Manufacturing plant employees.
If the union has signed up 30 members at the time of the certification hearing,the board will waive the requirement of a representation vote.

Question 57

After the company's delivery van broke down,Cynthia was sent by her employer,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,which was stalled at an intersection.
The organization test is replacing the four-fold test as the determinant of the existence of an employment relationship.

Question 58

Martha has been employed by Manufacturing Ltd.for several years as plant nurse.She is paid an hourly wage and reports to the plant manager with respect to accident reports and establishing safety procedures.Recently,an international union applied to the provincial labour relations board for certification as the bargaining representative of the 76 Manufacturing plant employees.
Once certified,the union may compel the employer to comply with the terms and conditions of employment that the union sets for its membership.

Question 59

After the company's delivery van broke down,Cynthia was sent by her employer,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,which was stalled at an intersection.
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 60

Employees at Space-Age Industries staged a lawful strike after all attempts to reach a collective agreement had failed.The employees printed pamphlets stating that the nature of their dispute with Space-Age was inadequate wage increases and hours of work.Picket lines were set up at the entrance to the employer's premises and each person who came to the premises was stopped by the picketers and given a pamphlet.
A member may be expelled from a trade union on the grounds of breach of contract.

Question 61

Federal human rights legislation prohibits a company from refusing to hire an employee because he or she committed the crime of nuisance if the crime was not work related.

Question 62

An employer is liable to third parties where

A)the employer is found vicariously liable for the actions of the employee.
B)the employee is found vicariously liable for actions of the employee.
C)where the third party is harmed by negligent action of the employer.
D)a and c.
E)None of these.

Question 63

The right of free speech has always been limited to speaking the truth if the words are harmful to the interests of another person.

Question 64

Federal human rights legislation prohibits a company from refusing to hire an employee because he or she committed the crime of manslaughter if the crime was not work related.

Question 65

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)a,b,and c.
E)a and c.

Question 66

Federal human rights legislation prohibits a company from firing an employee because he or she committed the crime of manslaughter if the crime was not work related.

Question 67

Laws addressing the employment contract deal with matters including

A)health and safety inspection.
B)minimum wages,maximum work hours,and holiday and vacation pay.
C)training in safe handling of equipment and substances.
D)All of these.
E)b and e.

Question 68

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

Question 69

Because the employer is the owner of the IT system,the employer has the right to discipline employees who abuse the system if the employer has appropriate policies in place.

Question 70

Laura Chan worked as a primary school teacher in a small town for 10 years.She and her colleagues were represented by the Teachers' Association in collective bargaining.Recently,the school board received complaints from some irate parents that Laura was teaching her students elementary Cantonese vocabulary,which they felt was unnecessary and detracted from the more important core curriculum.The school board,having previously asked her to refrain from this practice,decided to suspend Laura for the short period of 10 days until the end of the school year and hoped that the issue would be forgotten by the fall when classes commenced.Laura grieved the suspension.
If the Teachers' Association refuses to take Laura's grievance to arbitration,Laura may initiate her own legal action against the school board and the Teachers' Association.

Question 71

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

Question 72

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

Question 73

Laura Chan worked as a primary school teacher in a small town for 10 years.She and her colleagues were represented by the Teachers' Association in collective bargaining.Recently,the school board received complaints from some irate parents that Laura was teaching her students elementary Cantonese vocabulary,which they felt was unnecessary and detracted from the more important core curriculum.The school board,having previously asked her to refrain from this practice,decided to suspend Laura for the short period of 10 days until the end of the school year and hoped that the issue would be forgotten by the fall when classes commenced.Laura grieved the suspension.
If the Teachers' Association decides to take Laura's grievance to arbitration on the basis that this dispute may be founded on racial prejudice contrary to the Charter of Rights and Freedoms,and would,therefore,be precedent setting,it may be acting in a discriminatory manner.

Question 74

Employers can discipline and dismiss an employee who created a blog that defamed his or her employer only if the employee acted in an illegal manner.

Question 75

It would constitute a breach of duty of fair representation for a union to weigh the cost of arbitrating a grievance with the likelihood of its success.

Question 76

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

Question 77

A union voted to strike.It subsequently arranged for picket lines to be set up by its members at points around the employer's worksite,as well as at sites of the company's customers.The picket lines remain small and peaceful,with the only purpose being to inform the public and other workers of a grievance under their collective agreement.The union has violated the Labour Relations Act by staging an unlawful strike.

Question 78

Federal human rights legislation prohibits a company from firing an employee because he or she committed the crime of nuisance if the crime was not work related and in addition required the company to provide a leave of absence for any jail time imposed.

Question 79

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)All of these.
E)a and b.

Question 80

The four-fold 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,amd complex interpersonal relationships.
C)risk of profit,organization,and risk of loss.
D)ownership of tools,risk of loss,chance of profit,and control.
E)None of these.