Question 1

An employer can reduce its wrongful dismissal liability. Several measures it can take are identified below. Which of these ideas is NOT one that an employer would act on to address the liability issue?

Accepted Answer

Including a protective restrictive covenant in the employee contract may be a measure taken to protect the employer's interests, but it is not necessarily a measure taken to address wrongful dismissal liability. The other options (maintaining adequate documentation, training managers, and having a well-written employee handbook) can help the employer demonstrate that they acted reasonably and fairly in dismissing an employee and may be used as evidence in court to mitigate damages.

Question 2

If an employee has the right to a safe working environment, which of these possible aspects of a reciprocal relationship applies to the employer?

Accepted Answer

The reciprocal relationship in this scenario is that the employee has the right to a safe working environment, and the employer has the obligation to provide that safe workplace. Therefore, choice D is the correct answer. Choice A is not correct because demanding compliance does not necessarily guarantee a safe workplace. Choice B may be helpful, but it is not the primary responsibility of the employee to ensure a safe workplace. Choice C may provide compensation for injury, but it is not addressing the root issue of providing a safe workplace.

Question 3

Which of the following terms refers to what a person has by law, nature, or tradition?

Accepted Answer

Rights are something that a person is entitled to have by law, nature, or tradition. They are inherent and cannot be taken away easily. Responsibilities, on the other hand, are duties that a person is expected to fulfill. Lifestyle choices are personal choices that a person makes regarding their way of life. Duties are obligations that a person has to adhere to as a part of their job or society.

Question 4

Carlos works for a large floral company. He is expected to complete 30 flower arrangements per day to meet the specifications of customer orders. Each arrangement must contain the correct number, kinds, colours, and qualities of flowers in the required arrangement style. Customer complaints about arrangements directly affect how Carlos does on his performance appraisal. Carlos has been angry for several months, saying, "I do my best to meet the order specifications, but the company is cutting corners on the flowers. What we receive is half-wilted, too small, or the wrong mix of types." Which of the following statements best characterizes what is happening here?

Accepted Answer

Carlos is doing his best to complete the flower arrangements, but the company is not providing him with adequate materials. This puts him in a difficult position as he is expected to meet customer expectations while dealing with subpar materials. This is a failing on the company's part to meet its responsibilities to Carlos.

Question 5

Legal provisions may state that upon leaving the organization, an individual is forbidden from approaching existing customers and clients for business for a specific time. In which of the following do such provisions appear?

Accepted Answer

Such provisions appear in a non-solicitation agreement, which is a legal agreement between an employer and employee that restricts the employee from soliciting the employer's customers or clients for their own benefit either during or after the employment period.

Question 6

An engineering firm has hired a new chemical engineer for its research and development department. The company wants to include a non-compete agreement in the employment contract. Which of the following specified periods would be legally defensible?

Accepted Answer

A non-compete agreement must be reasonable in terms of duration, geographic scope, and restricted activities. A period of 12 months is more likely to be considered reasonable by a court, compared to two or three years, which may be seen as overly broad and restrictive for the engineer's ability to work in their field. A period of more than three years would likely be deemed unreasonable and unenforceable.

Question 7

Clark has been hired by a consulting firm to do risk analysis. His employment contract specifies that if Clark quits his job, he cannot work as a risk analyst for six months. Which of the following is the kind of clause Clark has agreed to?

Accepted Answer

Clark has agreed to a non-compete clause, which prevents him from working in the same field for a certain period of time after leaving his current employer. This type of clause is often used to protect the company's trade secrets and intellectual property, and to prevent former employees from taking clients or employees with them to a competitor.

Question 8

Which of the following refers to a type of employment contract clause that protects an organization's intellectual property?

Accepted Answer

A non-disclosure clause, also known as a confidentiality clause or agreement, is a type of employment contract clause that protects an organization's intellectual property by prohibiting employees from sharing confidential information or trade secrets with outside parties or using them for personal gain. Non-trespass refers to the act of entering or occupying someone else's property without permission. Non-compete clauses prohibit employees from competing with their former employer for a certain period of time after leaving the organization. Non-solicitation clauses prevent former employees from soliciting or taking away the organization's clients or employees.

Question 9

Tamara is a private investigator. She and Mega Industries have agreed that she will perform background checks on all applicants for managerial-level positions for one year, for a certain fee and within certain performance guidelines. Which of the following options defines what this agreement gives Tamara?

Accepted Answer

The agreement between Tamara and Mega Industries establishes a contractual relationship, which means that both parties have agreed upon certain terms and conditions. Tamara has contractual rights, which means that she has the right to be paid the agreed-upon fee and have her performance evaluated according to the established guidelines.

Question 10

Traditionally, which of the following groups were most likely to work according to formal employment contracts?

Accepted Answer

Executives and senior managers are most likely to work according to formal employment contracts as they are in higher positions and are typically offered more job security and benefits compared to other employees. Day labourers and outside members of boards of directors are less likely to have formal employment contracts, while scientific and technical staff may have contracts but not as likely as executives and senior managers.

Question 11

Parties to an employment relationship regard each other as having equal rights and treat each other with respect. Which of the following best describes the nature of rights and responsibilities where this situation is evident?

Accepted Answer

The situation described in the statement indicates a reciprocal relationship, where both parties view each other as having equal rights and responsibilities. This implies a mutual commitment to cooperation and respect, rather than an adversarial or legalistic relationship. While a contractual relationship may also exist (e.g. through a formal employment agreement), it's not the primary feature being described in the statement.

Question 12

In a landmark case heard before the Supreme Court of Canada (Wallace v. United Grain Growers), an employee, Wallace, was fired for his alleged inability to perform his duties satisfactorily. The Supreme Court found that the company had maintained unfounded allegations against Wallace until the day the wrongful dismissal suit began. Which of the following statements best sets out what the case established?

Accepted Answer

The Wallace v. United Grain Growers case established that employees could receive extra notice, or an extension of the notice period, when the employer behaves in a manner that is unfair or in bad faith during the termination process. This was a significant decision in Canadian employment law, emphasizing the importance of how employers conduct themselves when terminating employment.

Question 13

An individual's employment may be terminated for reasons that are unfair, unreasonable, or without sufficient cause. Which of the following describes this sort of dismissal?

Accepted Answer

Wrongful dismissal refers to a termination of employment that is unfair or unjustified, where the employee's legal rights have been violated. This can include dismissals that are discriminatory, retaliatory, or in breach of a contract or collective agreement. No-cause and constructive dismissals are different forms of termination, and unjust dismissal is a specific term used in Canadian employment law.

Question 14

An employee's eligibility to receive a minimum wage is guaranteed by federal law. Which of the following best clarifies the nature of this eligibility?

Accepted Answer

Eligibility to receive a minimum wage is not a moral obligation of the employer or a contractual obligation between the employer and employee. Rather, it is a statutory right that is dictated by federal law. It is not a reciprocal relationship between the employer and employee.

Question 15

Many complaints have reached the director of HR at Clarion Services regarding employees using the company computers for personal email and Web surfing. The problem even extends to managers and professional staff accessing the Web for personal use. Since the managers often work 10 to 12 hours a day, and eat lunch at their desks, they have little time away from work to handle personal business. Which of the following approaches is the most appropriate for the HR director to adopt?

Accepted Answer

Developing a policy to track personal use of computers and having the employees sign off on it would establish clear rules for computer usage and hold employees accountable for any misuse of company resources. This approach balances the need for employees to handle personal business with the company's need to ensure that its computers are being used for business purposes. Option A is too extreme and could harm employee morale, while options C and D do not address the issue of accountability for personal computer use.

Question 16

A reciprocal relationship has two elements. If one element of the relationship is a right, which of the following is the element that complements it?

Accepted Answer

If one element of the reciprocal relationship is a right, then the element that complements it is a responsibility. A right represents something that one party is entitled to receive, while a responsibility represents the corresponding duty or obligation of the other party to fulfill that right. So, choice C - a responsibility - is the best complement to a right.

Question 17

Which of the following is NOT one of the main types of restrictive covenants in employment contracts?

Accepted Answer

The main types of restrictive covenants in employment contracts are non-disclosure, non-compete, and non-solicitation. Non-trespass is not typically included in employment contracts as it pertains to physical property and not the actions of employees.

Question 18

Legal provisions may state that intellectual property and trade secrets remain with the firm when an individual leaves. In which of the following are such provisions contained?

Accepted Answer

Legal provisions regarding intellectual property and trade secrets are typically contained within an individual's employment contract, which may specify that any such property or secrets created or learned during the course of employment remain with the firm upon the employee's departure. Contractual rights, non-compete agreements, and separation agreements may also contain provisions related to intellectual property and trade secrets, but they do not necessarily include them by default.

Question 19

Which of the following best characterizes implied promises made by an employer?

Accepted Answer

Implied promises made by an employer can be contained in an employee handbook, which can be considered as an extension of the employment contract. However, they may not always be legally binding and enforceable as a contract.

Question 20

When Claudette was hired, her supervisor said that she had a job with the company as long as she performed well. Which of the following statements best reflects Claudette's position with the company?

Accepted Answer

Claudette's situation suggests an implied contract has been formed based on her supervisor's statement, indicating job security contingent on her performance, which goes beyond the typical at-will employment understanding.

Quiz 14: Employee Rights and Discipline