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Exam 20: The Employment Relationship

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Question 1

Multiple Choice

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With respect to the employment relationship,the historical terms for employer and employee are "master" and "servant." Accordingly,those historical terms are synonymous with which of the following?

A) simplicity of employment arrangement
B) fewer legal and financial obligations
C) short-term and temporary
D) long-term and permanent

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Question 2

Multiple Choice

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In what way are a stipulation of a probation period and a stipulation of termination provision similar?

A) requisite content in a definite-term employment contract
B) requisite content in a indefinite-term employment contract
C) requisite content in an employment contract
D) requisite of employment standards legislation

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C

Question 3

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According to the Federal Court of Canada,which of the following is the question that must be asked at step 3 of the test used to determine the appropriateness of video surveillance?

Which of the following workplaces would most likely be affected by the Employment Equity Act?

In order to be entitled to 12 weeks of sick leave after completing three continuous months of employment,which sector of employment would Tabatha have to be gainfully working in?

Which of the following would a legal risk manager say offers the strongest support for an employer developing and implementing a workplace harassment policy?

Laws designed to improve the status of certain designated groups are contained in employment standards legislation.

Which of the following would a business law professor most likely indicate as being a qualified BFOR?

With respect to the employment circumstances of Canadian women employed in the private sector,which of the following is a discrimination that all governments with the exception of Ontario and Quebec have failed to address?

Which of the following is a commonality found between the employment relationship of an independent contractor and that of an employee?

Systemic discrimination involves the application of a rule that appears to be neutral but has discriminatory effects.

Which of the following would an employment lawyer most likely indicate to a human resource manager as most strongly supporting the use of written employment contracts?

Adverse effects discrimination involves a workforce that is overwhelmingly dominated by males,such as the male-dominated federal Parliament.

A matter involving alleged damages arising from a company's employment equity program is before the courts.The judge must consider whether the policy is a form of discrimination.Which of the following would strongly support a determination to that effect by the court?

Discuss the jurisdiction of both the federal and provincial governments to make laws that affect employees.

With respect to the essential content of an employment contract,what is the role of the term "compensation"?

Employment equity legislation in all jurisdictions requires employers to pay overtime to non-management employees after varying number of hours have been worked.

A body that administers labour relations legislation and recognizes certification of a union as a bargaining agent for a group of employees is typically described as the industrial labour relations board.

A senior commercial secretary worked 18 overtime hours on a large commercial deal.Her request for overtime pay was denied.The lawyer indicated that because he often required her to oversee the work of his junior secretary and her contract provided for salaried remuneration,her entitlement to overtime pay was effectively eliminated.In this regard,which of the following would most likely be the position of the provincial labour board?

The need for an employer to establish lack of consent to a prohibited act,its reasonable steps to prevent the act being committed,and subsequent reasonable steps to mitigate or avoid the act's consequences would most strongly support which of the following?