Question 1
Which of the following statements is correct? Select one:
a. Employment law generally includes collective bargaining.
b. Employment law generally excludes collective bargaining.
c. Employment law includes agreements negotiated by trade unions.
d. Employment law only deals with employment contracts made with government(s).
Question 2
Which of the following are the twin pillars of the employment law regime governing the non-unionized employment sector? Select one:
a. the common law dealing with contract of employment and collective agreements
b. collective agreements and the human rights and protective employment legislation
c. the common law dealing with contract of employment and human rights and
protective employment legislation
d. the explicit and implied contracts agreed to between employer and employee.
Question 3
Employees may not seek to enforce their common law rights because Select one:
a. they are ignorant of their rights.
b. they fear reprisal from their employer.
c. they have illegally contracted out of their common law rights.
d. all of the above
e. none of the above
question 4
An employee has traditionally been distinguished from an independent contractor primarily by Select one:
a. degree of control of daily activities.
b. ownership of equipment.
c. wealth and prestige.
d. ability to subcontract work.
e. none of the above
Question 5
Pointe-Claire (City of) v. Quebec (Labour Court) (1997) concerns the relationship between Select one:
a. an employer and an employee.
b. a union and an employer.
c. a labour broker and a user.
d. all of the above
Question 6
Reducing employees' common law and statutory law rights may Select one:
a. heighten productivity.
b. increase job satisfaction.
c. increase job dissatisfaction.
d. a and c
e. a and b
Question 7
Which of the following aims is not relevant to providing statutory minimum standards for all employees? Select one:
a. Non-unionized employees should not be too much disadvantaged by the terms of the contract.
b. Unionized employees should have less rights than non-unionized employees.
c. All employees should at least have minimum rights.
d. The length of notice to terminate employment should increase with the length of service.
Question 8
Under the common law, employers are responsible for the following for independent contractors they employ. Select one:
a. income tax remittances
b. torts committed by the contractor
c. Canada Pension Plan remittances
d. all of the above
e. none of the above
Question 9
The test of employment status includes which of the following criteria? Select one:
a. regularity of employment
b. ownership of tools
c. public image
d. all of the above
e. none of the above
Question 10
Which of the following are requirements for the formation of a contract? Select one:
a. legal capacity
b. written terms and conditions of employment
c. absence of duress
d. a and b
e. a and c
Question 11
The primary remedy or remedies for breach of an implied duty by an employee under common law is Select one:
a. summary dismissal.
b. suspension with pay.
c. suspension without pay.
d. a and b
e. a and c
Question 12
Where a worker is hired by an agency and the worker's services are contracted to another, Select one:
a. the employer is determined by who signs the paycheque.
b. the worker is an independent contractor.
c. the agency is the employer.
d. the worker is an employee and has rights protected by statute.
e. none of the above
Question 13
In a tripartite relationship such as the one described in Pointe Claire, the true employer is the organization that Select one:
a. signs the paycheques.
b. is ultimately responsible for ensuring funds are available to cover the paycheque.
c. has the power to hire, fire, discipline, and direct work.
d. a and b
e. b and c
Question 14
Which of the following employees have legal capacity to enter into a contract? Select one:
a. a mentally incompetent adult under common law
b. a 12-year-old working as a dishwasher under common law
c. a landed immigrant
d. a 12-year-old without parental consent under statutory law
e. none of the above
Question 15
Which of the following are an employee's common law obligations? Select one:
a. duty to give notice of termination
b. duty to not make a secret profit
c. duty of fidelity
d. a, b, and c
e. b and c
Question 16
The common law of employment is composed of decisions, awards, judgments, and understandings of the courts, justices, and legal tribunals that affect the employment relationship, excepting those explicitly superseded by legislation. Select one:
True
False
Question 17
The expressly prohibited grounds for discrimination in employment are uniform in all Canadian provinces. Select one:
True
False
Question 18
Employers bargain with employees for specific amounts of labour, and this is seen in the terms of the contract. Select one:
True
False
Question 19
Where the courts find inequality of bargaining power between an employer and employee, the employment contract is ruled unenforceable. Select one:
True
False
Question 20
The law has firmly established who is an employee, and it is no longer fluid or evolutionary in this matter. Select one:
True
False
Question 21
The prevailing political climate in Canada today largely subjects employees to a laissez-faire approach as it concerns the application of employment law Select one:
True
False
Question 22
An employer can be found responsible for human rights violations committed by its employees. Select one:
True
False
Question 23
The raison d'etre of protective legislation is to redress the power imbalance that exists in common law employment relationships. Select one:
True
False
Question 24
A candidate's being over-qualified for a position is a bona fide reason for refusing to consider their application.
Select one:
True
False
Question 25
Human rights legislation applies to individuals who are not employees. Select one:
True
False
Question 26
Testing for drug and alcohol use is considered prima facie discrimination. Select one:
True
False
Question 27
If an employer rescinds a job offer before employment begins, they can be sued for wrongful dismissal. Select one:
True
False
Question 28
The employment contract is typically quite precise. Select one:
True
False
Question 29
If expressly agreed to between employer and employee, terms of an employment contract can allow an employer to opt out of statutory protections and prohibitions. Select one:
True
False
Question 30
An express term negates the court's jurisdiction to imply a term in a contract of employment. Select one:
True
False
Question 31
Courts may refashion the legal rules by introducing implied terms in employment contracts to reflect society's changing vision of the employment relationship. Select one:
True
False
Question 32
An employment contract is considered unconscionable if an employee fails to understand its terms and the employer fails to take steps to ensure the employee has an opportunity to consider the contract. Select one:
True
False
Question 33
If an employment contract provides for a probationary period longer than the statutory minimum, the employer is not obligated to provide statutory notice for the period of the contract's probationary period. Select one:
True
False
Question 34
A "golden parachute" provision in an employment contract applies to all termination compensation that is above statutory minimums. Select one:
True
False
Question 35
Question text An employer has a duty to act in a fair manner with its employees. Select one:
True
False
Question 36
An employee's obligations to their employer only apply to behaviour at the workplace. Select one:
True
False
Question 37
The hallmark of an employment relationship is the subordination of the employee to the authority of the employer.
Select one:
True
False
Question 38
Working for more than one employer must mean that a person is an independent contractor. Select one:
True
False
Question 39
Human rights legislation in Canada addresses discrimination during employment but is largely silent on practices during the recruitment and selection process. Select one:
True
False
Question 40
Question text The duty of fidelity must be an express term of a contract for the contract to be binding on an employee. Select one:
True
False
Part 2
Question 1
Which one of the following statements is correct? Select one:
a. It is easy to foresee the contingencies that are likely to arise during the course of employment, and, therefore, to develop express terms that will normally cover all such eventualities.
b. All Canadian jurisdictions make it compulsory for employers to give written notice of important terms and conditions to employees.
c. The 19th-century employers' obligations for board and lodgings continue to be the statutory law of the 21st century.
d. The law recognizes the imbalance between the bargaining power of employers and employees by imposing implied duties on employers.
Question 2
Which one of the following statements is incorrect? Select one:
a. The common law plays a minor role in fleshing out the employment relationship by not imposing duties and obligations on employees.
b. Changes in the socio-economic climate have an impact on implied terms in employment relationships.
c. Express terms in a contract of employment are the most important part of obligations that employers accept.
d. Employers must abide by the words and spirit of express contractual terms.
Question 3
An employer owes a duty of accommodation to a physically handicapped employee only to the extent that it will not
Select one:
a. adversely affect financial performance.
b. cause undue hardship for the employer.
c. disrupt the activities of other employees.
d. potentially discourage customers and other businesses from dealing with the firm.
Question 4
Which of the following statements is incorrect? Select one:
a. A contract of employment can reduce an employee's statutory floor of rights.
b. Canada does not have a uniform system of employment tribunals.
c. Employers' statutory obligations in Canada have been influenced only marginally by International Labour Organization treaties.
d. Since World War II, Canada has seen an increasing expansion of the floor of rights for employees.
Question 5
Which of the following statements is correct? Select one:
a. The expansion of the employees' floor of rights has been achieved with full cooperation and willingness of employers.
b. Federal and provincial legislators have legislated a uniform floor of rights.
c. Workers in some provinces may not be excluded from benefits provided by the floor of rights enjoyed by employees in other provinces.
d. Employees' primary entitlements provided by the floor of rights, which a few years ago seemed secure, are now being threatened.
Question 6
A complaint-driven enforcement process for employment standards is ineffective in policing child employment in Canada because Select one:
a. children and adolescents are less likely to report violations.
b. children and adolescents are more likely to rely upon the employer for employment rights information.
c. employers are more likely to use under-age workers in industries with poor employment standards records.
d. all of the above
e. none of the above
Question 7
In which jurisdiction(s) is PIPEDA not in force? Select one:
a. Ontario, Alberta, BC
b. Alberta, BC, Quebec
c. Ontario, BC, Quebec
d. Alberta
Question 8
Human resource managers Select one:
a. need not become cognizant of their responsibilities under employment protection or human rights legislation.
b. do not have to provide internal grievance mechanisms for the enforcement of human rights and employment protection legislation.
c. are under no obligation to confront structural issues in discrimination.
d. are prohibited, in any circumstances, from introducing affirmative action to eliminate discrimination.
Question 9
Which of the following statements is correct? Select one:
a. The prohibited grounds of discrimination enumerated in Alberta human rights legislation are exhaustive, and even the Supreme Court of Canada cannot add to them.
b. The prohibited grounds of discrimination enumerated in Alberta human rights legislation are not susceptible to extension under "analogous grounds."
c. Under Alberta human rights legislation, only intentional discrimination in employment is prohibited.
d. Under Alberta human rights legislation, both intentional and unintentional discrimination are outlawed.
Question 10
Which of the following statements is incorrect? Select one:
a. Employers are obligated to prevent harassment in the workplace.
b. The complainant's burden of proof in employment discrimination cases is to establish only a prima facie case against the employer.
c. The statutory prohibitions of discrimination are not that important, because competitive market forces can eliminate employment discrimination.
d. Canada has experienced significant problems with workplace sexual harassment.
Question 11
A wrongful dismissal may have occurred if
Select one:
a. a fixed-term contract is not renewed.
b. a contract of employment is terminated before the term expires or the project is
completed.
c. a contract is brought to an end by the express and unambiguous consent of the
employer and the employee.
d. a contract comes to an end at the completion of a clearly defined project.
Question 12
Which of the following is not part of the four-part test to determine the reasonableness of surveillance? Select one:
a. Is the measure necessary to meet a legitimate need?
b. Is the loss of privacy proportional to the benefit gained from surveillance?
c. Is another less invasive way of achieving the goal possible?
d. Have employees been informed of and consented to the surveillance?
Question 13
Which provision takes precedence when determining proper notice of termination? Select one:
a. terms above statutory minimums agreed to in an employment contract
b. provisions found in statute
c. common law
d. court precedent
e. all equally
Question 14
What were the effects of Honda Canada Inc. v. Keays? Select one:
a. The court modified the rules on awards of "aggravated damages."
b. Punitive damages should only be awarded when compensatory damages are insufficient.
c. Employers are responsible to monitor and track employee absences
d. a and b
e. a, b, and c
Question 15
During maternity leave, Select one:
a. the employer must guarantee the job of the pregnant employee.
b. the employer must continue to pay the pregnant employee's wage.
c. the pregnant employee is ineligible for employment insurance benefits.
d. a and b
e. a and c
Question 16
Adverse impact discrimination occurs when Select one:
a. an employer refuses to hire people from certain ethnic backgrounds.
b. an employer's policies are designed to favour certain identifiable groups.
c. an employer's policies have a negative effect on certain identifiable groups.
d. a, b, and c
e. b and c
Question 17
A minimum height requirement as a measure of strength would be considered an example of Select one:
a. direct discrimination.
b. bona fide occupational requirements.
c. indirect discrimination.
d. the duty to accommodate.
e. none of the above
Question 18
How does the common law duty of employers to pay employees normally come into play? Select one:
a. It is used as the basis of a civil suit to collect unpaid wages.
b. It is used to determine if an employee is due compensation.
c. It forms the basis of statutory law mechanisms that are used to collect unpaid wages.
d. b and c
e. none of the above
Question 19
Which of the following is/are not part of the Meiorin test for determining if a rule is justifiable? Select one:
a. A rational connection exists between the rule and the requirements of the job.
b. The rule was established by an independent third party.
c. The rule was created in good faith.
d. It is impossible to accommodate employees with undue hardship on the employer.
e. b and c
Question 20
Human rights acts and the duty to accommodate require Select one:
a. human rights tribunals to make substantive determinations at the core of traditional managerial prerogatives.
b. require the employer to accommodate employees to the point of undue hardship.
c. may drive employers out of business due to additional cost requirements.
d. a. and b.
e. b. and c.
Question 21
When terminating an employee without cause, employers must Select one:
a. provide minimum notice under statutory law.
b. provide reasonable notice under common law.
c. provide outplacement counselling services.
d. a and b
e. a, b, and c
Question 22
An employer with just cause may dismiss an employee with Select one:
a. reasonable notice under common law.
b. minimum notice under statutory law.
c. no notice.
d. a and b
e. none of the above
Question 23
Why does the minimum statutory notice period normally increase with the duration of an employee's employment? Select one:
a. It reduces the chance that an employee will sue for reasonable notice.
b. Longer serving workers tend to be older, thus will have more difficulty securing work.
c. Seniority is a well-established principle in employment law.
d. a and b
e. b and c
