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Exam 12: Employment

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Question 41

Multiple Choice

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Benoit goes to pick up a shipment from a supplier, but when he arrives, he finds the unionized employees who work there are on strike. Benoit is unsure about whether he can, or should, cross the picket line. Which of the following statements is true?

A) Benoit has no legal obligation to honour the picket line.
B) Benoit is prohibited from doing business with an employer involved in a strike.
C) Benoit is free to continue doing business with the employer, but the employer will face serious fines for continuing to operate during a strike.
D) Benoit has the legal right to cross the picket line, but if he is injured by those on strike, he will have no recourse against them.
E) Benoit must cross the picket line, otherwise the supplier can sue him under the Canada Labour Code.

F) C) and D)
G) A) and D)

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Question 42

Multiple Choice

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Which one of the following is just cause for dismissal?

A) Absenteeism twice in the last year
B) Tardiness once in the last two years
C) Refusal to work in an unsafe work environment
D) Habitual negligence or incompetence
E) No work to do

F) B) and E)
G) A) and B)

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Question 43

True/False

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When an employee leaves the job because of constructive dismissal, his only recourse is to complain to the appropriate human rights tribunal.

A certified union has exclusive rights to represent the employees, and individual bargaining unit employees are no longer free to enter into separate contractual arrangements with their employer.

An employer is responsible for only those torts committed by an employee that take place while the employee is doing what he is employed to do.

Which of the following is a False statement about the employer-employee relationship?

Elad starts a brand new job. Lena, his new co-worker, is showing him around. Lena informs Elad that she is a union member and is required to pay dues and to maintain her membership. Elad is certain that he was told he did not need to join the union. What arrangement is in place?

Prejudice or bias exercised against a person or class for the purpose of correcting a pattern of discrimination against another person or class is known as ________.

Bruce was a union representative working for Ace Manufacturing Co. The union and management had just concluded a collective agreement that set out terms under which certain functions of the plant would be computerized. A few months after the agreement was signed, the management started installing the computers, and in the process laid off three people who were no longer required. This in fact was exactly what Bruce had taken great care to prevent by the provisions that were included in the collective agreement. The management was in clear violation of these terms. Bruce called the members of the union out on strike and set up a picket line that effectively shut down the plant. Which of the following is true with regard to the legal position of the parties?

What is meant by secondary picketing?

The correction of employment situations where there has been a tradition of racial or gender imbalance is known as ________.

Distinguish between the terms bargaining agent and bargaining unit.

Indicate under what circumstances an employer can dismiss an employee.

A union shop requires that employees become members of the union when they are hired.

Trade unions were once considered illegal organizations with no status separate from their membership.

"If the Employment Standards Act (or its equivalent in your jurisdiction) states that an employee who has worked for a specific length of time is entitled to up to eight weeks' notice, and the employee you wish to dismiss has worked for that long, you can be sure that's all the notice or pay in lieu of notice that you have to give that employee." Discuss the accuracy of this statement.

Explain how the Workers' Compensation Act modifies the common law position of injured workers.

The process by which a third party imposes a solution to a dispute on the employer and union is called

Jeff had worked for Sweetums Candy Shoppe for the last 12 years. His boss came in one morning and told Jeff that although he had always been a great employee, he was being let go for financial reasons. He gave Jeff only 2 weeks' notice. Jeff checked his employment contract and verified that the agreement provided that only 2 weeks' notice was required. Under the terms of the employment standards legislation, Jeff is entitled to a minimum of 8 weeks' notice. If Jeff sues for wrongful dismissal, what is the Court likely to find?

Collective agreements must have provisions in them providing for the arbitration of which of the following kinds of disputes?