Question 1

Bob Barker's employer has moved him to a job that is three to four levels below his previous position; it also pays much less. He has been advised by his lawyer that he can challenge this decision in the courts. What do you think Bob will claim happened to him?

Accepted Answer

Bob is likely to claim constructive dismissal, which occurs when an employer makes changes to an employee's job that are significant enough to be considered a breach of the employment contract. In this case, the demotion and significant pay cut could be seen as such a breach, and Bob may argue that he was forced to resign as a result. Lack of due process, termination, and wrongful dismissal are not as relevant to this situation.

Question 2

In which of the following scenarios can an employer summarily dismiss an employee in a non-union environment for his or her activities outside of the workplace?

Accepted Answer

The disclosure of confidential information on a personal blog may be considered a breach of the employee's duties to the employer, and may cause damage to the employer's reputation or business. As such, it may be justifiable grounds for summary dismissal in a non-union environment. The other choices do not relate to the employee's conduct that may harm the employer's interests or reputation.

Question 3

Which statement is NOT true regarding the Personal Information Protection and Electronic Documents Act (PIPEDA)?

Accepted Answer

C

Question 4

Tammy Faye, a university student, is doing research on cases decided by the Supreme Court on employee dismissals for threatening coworkers on the job. Which of the following regimes of employment law is Tammy researching?

Accepted Answer

Tammy is researching common law, which involves court decisions and precedents, including those made by the Supreme Court, regarding employment issues such as employee dismissals.

Question 5

The courts have ruled that employers can monitor the computer use and Internet access of employees when they are at work. What is a key reason the courts give for this?

Accepted Answer

The courts generally base this ruling on the principle of ownership. Since the employer owns the computer and the Internet access used by the employees, they have the right to monitor their usage.

Question 6

As a result of a lawsuit, the Gamma Corporation has decided to institute and communicate its disciplinary policies. Which of the following management groups has primary responsibility for the development of disciplinary policies and procedures?

Accepted Answer

The human resources department typically has primary responsibility for the development of disciplinary policies and procedures, as they specialize in employee relations and the administration of personnel policies. Top-level management may provide guidance and oversight, while middle management may be involved in the implementation and enforcement of disciplinary actions. The legal department may provide guidance on the legality of disciplinary actions and policies.

Question 7

Which of the following describes an implied employment contract?

Accepted Answer

An implied employment contract can result from statements made in an employee handbook or HR policy manual. It is not necessarily required to be in writing and does not necessarily exist only after an employee passes a probation period. It also does not cover a specific percentage of the American workforce.

Question 8

The HR manager at Stacco Ltd. is planning to fire Paul for poor job performance. He is aware that he has to give "reasonable notice" to Paul. What are two factors that he has to consider when determining the amount of notice?

Accepted Answer

When determining the amount of notice to give to an employee, the two factors that the HR manager has to consider are the employee's length of service and the nature of their work. This is because the longer the employee has worked for the company, and the more specialized their job is, the greater the notice period that is considered reasonable. Other factors, such as salary or education, are generally not relevant to determining the amount of notice required.

Question 9

Johnny Damon, the human resource manager at Damon Electric Utility, wants to reduce the pay for one of his employees. The pay is included in the employee's employment contract. How can Mr. Damon legally change the employee's pay?

Accepted Answer

In order to legally change the employee's pay, Mr. Damon would need to get the employee to agree to the change and provide a new benefit. This is because the pay is included in the employee's employment contract and cannot be unilaterally adjusted by the employer. It is important for Mr. Damon to follow proper procedures and maintain good communication with the employee to ensure a fair and legal adjustment is made.

Question 10

What is a key characteristic of an implied employment contract?

Accepted Answer

A key characteristic of an implied employment contract is that it contains terms that judges read into employment contracts when the written contract does not expressly deal with the matter. It is not required to be in writing and does not necessarily exist after an employee passes probation. It also covers more than just 90 percent of the Canadian workforce, as it is a common law concept that applies to all employees in Canada.

Question 11

Which of the following is an example of an employee's statutory right?

Accepted Answer

The Pay Equity Act is a statute that provides employees with the right to equal pay for work of equal value. Statutory rights are those that are granted by law, rather than by contract or agreement. Choices A, C, and D are not examples of statutory rights. A collective bargaining agreement is a negotiated contract between an employer and a union representing employees. The right to due notice and the implied contract are common law concepts that may give rise to certain rights or obligations, but they are not statutory in nature.

Question 12

The Field Corporation wishes to establish an effective disciplinary policy. Which of the following groups of managers should have primary responsibility to prevent or correct disciplinary problems?

Accepted Answer

Immediate supervisors of employees are directly responsible for managing and supervising the day-to-day work of their team members. Therefore, they are in the best position to prevent or correct disciplinary problems through regular coaching, feedback, and corrective action. While legal and top-level managers may provide guidance and support, they are not as well-positioned to deal with the specific issues facing individual employees on a regular basis. Human resource managers may also be involved in developing and implementing disciplinary policies, but their primary responsibility would be to support and advise immediate supervisors in carrying out those policies.

Question 13

Which of the following conditions must be met for an employer to summarily dismiss an employee in a non-union environment for off-duty conduct?

Accepted Answer

The employer would have to prove that its interests are adversely affected by the off-duty conduct in order to summarily dismiss an employee in a non-union environment. Factors that could negatively affect the company's interests include damage to the company's reputation or relationships with clients or other employees, or a violation of the company's ethical standards or code of conduct. The employee's status as full-time or being from a minority group is irrelevant to the decision to dismiss. The presence of a good human resource management department may help ensure that the dismissal is handled legally and fairly, but it is not a necessary condition for dismissal.

Question 14

In the Ontario legislature, members of the provincial parliament (MPPs)voted to increase minimum wage. What type of employment law does this represent?

Accepted Answer

The fact that MPPs voted to increase minimum wage represents statutory legislation, as it involves the creation or modification of laws by the legislative branch of government.

Question 15

Which of the following does NOT belong in the disciplinary model outlined in the text?

Accepted Answer

The disciplinary model outlined in the text includes discharge, due process, and disciplinary interviews. Negotiation is not specifically mentioned as part of the model.

Question 16

Under the employment-at-will concept, who can terminate the employment relationship?

Accepted Answer

Under the employment-at-will concept, either the employer or the employee can terminate the employment relationship without any specific reason or cause. There is no legal requirement for the employer to have a reason to terminate an employee, nor is there a requirement for an employee to give notice before resigning. The only exceptions to this are if the termination violates a specific law or employment contract.

Question 17

Which of the following pieces of legislation provides for an employee to see his or her personnel file?

Accepted Answer

The Personal Information Protection and Electronic Documents Act (PIPEDA) provides individuals with the right to access their personal information held by an organization. This includes the right to see their own personnel file.

Question 18

ABC Corporation induced computer programmers to leave their old jobs through the promise of higher salaries. However, when the programmers started to work for ABC, the company denied making any promises to them. Through its behaviour, what has ABC likely violated?

Accepted Answer

ABC Corporation has likely violated the implied contract rules. This is because the promise of higher salaries induced the programmers to leave their old jobs and join ABC, creating an implicit agreement or contract. However, by denying any promises, ABC has breached the implied contract.

Question 19

Based on the research evidence on summary dismissal cases, in which of the following scenarios does the employer stand the LEAST chance of winning in the courts?

Accepted Answer

Poor typing skills are not a valid reason for summary dismissal and are unlikely to hold up in court as grounds for termination. The other scenarios involve more serious violations such as theft, insubordination, and working for a competitor, which are more likely to be upheld as legitimate reasons for summary dismissal.

Question 20

Assume that the governing political party does not like how some employers have been taking advantage of a loophole in the law to discriminate against women and it wants this situation corrected. What should the government do?

Accepted Answer

The best option would be for the government to introduce a motion in the legislature to amend the legislation, as this would be a lawful and democratic way to correct the issue. Ignoring court decisions would be illegal and could potentially damage the reputation and legitimacy of the government. Asking women to challenge their employers in court would put an undue burden on individuals and could be costly and time-consuming. Calling judges and instructing them to change their decisions would be an inappropriate interference in the independence of the judiciary.

Quiz 13: Employee Rights and Discipline