Question 1

An implied contract may result from statements found in employee handbooks or other employment documents.

Accepted Answer

An implied contract can be created by the language used in an employee handbook or other employment documents, as long as the statements create an expectation of job security or other benefits that the employee relies on.

Question 2

The three legal considerations regarding the security of one's job are: statutory rights,contractual rights,and ethical rights.

Accepted Answer

The three main legal considerations regarding the security of one's job are statutory rights, contractual rights, and common law rights. Ethical rights are more about moral principles rather than legal considerations.

Question 3

In order to protect itself against a wrongful dismissal suit,management needs to give only a verbal warning regarding the behaviour and poor performance level of an employee.

Accepted Answer

To protect itself against a wrongful dismissal suit, management needs to have documented evidence of performance issues and warnings given to the employee. Verbal warnings should always be followed up with a written record and discussion with the employee to ensure they understand the consequences of their behavior or poor performance.

Question 4

The concept of due process,in general,does guarantee employees assurance of employment.

Accepted Answer

Due process refers to the fair treatment and procedures that must be followed in legal proceedings or government actions. It does not guarantee employees assurance of employment. However, employees may be entitled to certain due process protections in the event of wrongful termination or other employment actions.

Question 5

The guarantees of fair treatment that employees expect in protection of their employment status are known as employee rights.

Accepted Answer

Employee rights refer to the guarantees of fair treatment that employees expect in protection of their employment status. These rights are established by law or through employment agreements and are designed to protect employees from discrimination, harassment, retaliation, and other forms of mistreatment in the workplace.

Question 6

Employee rights are granted to workers by the courts,legislatures,and/or employers.

Accepted Answer

Employee rights are established through laws enacted by legislatures, court decisions, and employer policies and practices.

Question 7

Only a minority of Canadian employees are hired under an implied contract.

Accepted Answer

In Canada, the majority of employment relationships are governed by an implied contract, which means the terms and conditions of employment are not necessarily written down but are implied by law, custom, and practice.

Question 8

Supervisors and managers are expected to behave and act in ways that acknowledge that employees also have certain rights.

Accepted Answer

Supervisors and managers are expected to behave and act according to company policies and employment laws that recognize and respect employees' rights. These rights may include fair wages, equal treatment, privacy, and protection against discrimination, harassment, and retaliation. It is important for managers to create a positive and respectful work environment that promotes a culture of dignity, trust, and mutual respect.

Question 9

Implied contract claims are limited to termination cases.

Accepted Answer

Implied contract claims can arise in various employment law scenarios, such as promotions, raises, promise of job security, and implied duty of good faith and fair dealing. They are not limited to termination cases.

Question 10

Public-sector employees have fewer job protection rights than their counterparts in the private sector.

Accepted Answer

Public-sector employees typically have more job protection rights, such as civil service protections, than private-sector employees.

Question 11

Managers are discovering that the traditional responsibility of management to discipline and discharge employees is easier to exercise because of the growing attention paid to employee responsibilities.

Accepted Answer

The growing attention to employee rights and legal protections has made the process of disciplining and discharging employees more complex, requiring managers to carefully navigate legal and ethical considerations.

Question 12

During the interview,Angela's future manager tells her that,if she is a good worker,she will have a permanent job with the company.Her manager has likely created an implied contract with Angela.

Accepted Answer

By telling Angela that she will have a permanent job with the company if she is a good worker, her manager has created an implied contract that suggests job security for good performance.

Question 13

As an employee,Mike would be denied due process if his employer refused to allow him to work overtime when offered.

Accepted Answer

Denial of overtime work does not fall under the purview of due process as it is not a legal entitlement. Therefore, an employee cannot claim a violation of due process if their employer refuses to allow them to work overtime.

Question 14

To lessen the occurrence of lawsuits regarding implied employment contract,management may include in the employment offer a statement that the employee may voluntarily terminate employment with proper notice.

Accepted Answer

Including a statement that the employee may voluntarily terminate employment with proper notice does not address the issue of implied employment contracts, which are typically about the employer's ability to terminate employment, not the employee's ability to resign. To lessen lawsuits regarding implied employment contracts, management should clearly state that the employment is at-will, if applicable, and avoid making promises about job security.

Question 15

Implied contract may become binding when management urges an employee to leave another organization by promising higher wages and benefits and then reneging after the person has been hired.

Accepted Answer

If management makes promises to an employee and induces them to leave another organization, an implied contract may be formed, and reneging on those promises could result in legal consequences for the employer.

Question 16

The establishment of a progressive discipline policy may limit employers' flexibility and discretion in terms of demoting employees.

Accepted Answer

A progressive discipline policy typically sets out a specific process that an employer must follow before they can demote an employee, which may limit their discretion to make unilateral decisions about demotions.

Question 17

The concept of due process and of a job as a right obligates management to act in a consistent manner that is fair and equitable to all employees.

Accepted Answer

Due process and job rights require management to treat all employees fairly and consistently. This means that management cannot show favoritism, discriminate, or make arbitrary decisions that could harm employees. By upholding the principles of due process and job rights, management can foster a positive work environment that promotes trust, respect, and fairness among all employees.

Question 18

Scenario 9.1
Bob,the Manager of the Maintenance Department at City Hospital,has been busy preparing for year-end performance evaluations.He decides to pop into the office on the weekend to prepare the necessary paperwork for this week's staff evaluations.
When Bob gets to the Maintenance shop there is no sign of Randy,who is supposed to be on shift,so he pages him.After being in his office for over an hour,Randy has still not arrived,and he has not responded to his pager.Bob starts to become concerned for Randy's safety and decides to go in search of him,floor by floor,starting in the basement where the majority of the plant services (furnace,electrical,water,etc. )are located.
When Bob arrives at the basement of the hospital,he notices that the storage room door-which is usually locked-is slightly ajar.When he looks inside he sees Randy sleeping soundly on a makeshift bed he's formed out of some foam pieces,with a hospital blanket and pillow that he must have grabbed from the laundry room across the hall.Bob is very angry and shakes Randy awake.Randy appears startled,quickly regains composure,and says he wasn't sleeping but was simply resting his eyes.Randy has been working for Bob for four years.Bob wants to immediately fire Randy for his misconduct.
-Please refer to Scenario 9.1.If Bob did not adequately document Randy's misconduct,what is the most likely reason?

Accepted Answer

Bob may not know what constitutes good documentation, which is why he might not have adequately documented Randy's misconduct.

Question 19

It has been estimated that substance abuse by employees costs Canadian employers approximately $39 billion.

Accepted Answer

According to a report by the Canadian Centre on Substance Abuse and Addiction, substance abuse by employees costs Canadian employers approximately $39 billion.

Question 20

Scenario 9.1
Bob,the Manager of the Maintenance Department at City Hospital,has been busy preparing for year-end performance evaluations.He decides to pop into the office on the weekend to prepare the necessary paperwork for this week's staff evaluations.
When Bob gets to the Maintenance shop there is no sign of Randy,who is supposed to be on shift,so he pages him.After being in his office for over an hour,Randy has still not arrived,and he has not responded to his pager.Bob starts to become concerned for Randy's safety and decides to go in search of him,floor by floor,starting in the basement where the majority of the plant services (furnace,electrical,water,etc. )are located.
When Bob arrives at the basement of the hospital,he notices that the storage room door-which is usually locked-is slightly ajar.When he looks inside he sees Randy sleeping soundly on a makeshift bed he's formed out of some foam pieces,with a hospital blanket and pillow that he must have grabbed from the laundry room across the hall.Bob is very angry and shakes Randy awake.Randy appears startled,quickly regains composure,and says he wasn't sleeping but was simply resting his eyes.Randy has been working for Bob for four years.Bob wants to immediately fire Randy for his misconduct.
-Please refer to Scenario 9.1.What should Bob ensure that he applies in his decision to dismiss Randy from his current position?

Accepted Answer

Bob should ensure that he applies the principles of just cause in his decision to dismiss Randy from his current position. This means that Bob must have a legitimate reason for dismissing Randy and should follow a fair process that involves providing Randy with an opportunity to respond to the allegations against him. Simply finding Randy sleeping on the job is not enough to justify immediate termination without following due process.

Quiz 9: Management Rights, employee Rights, and Discipline