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Employment and Labour Relations Law Quiz

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Employment and Labour Relations Law Quiz - Employment and Labour Relations Law
Employment Law Section:

1. An employer who wishes to lawfully terminate an employee:

(a) Can only terminate an employee's employment if there is just cause to support the termination.
(b) Can terminate without just cause if notice of termination or a payment in lieu of notice of termination is provided.
(c) Can terminate without notice or without any payment in lieu of notice if the employee's position becomes redundant.

2. Newly hired employees:

(a) Are automatically subject to a three month probationary period which entitles their employer to terminate employment without notice and without any payments whatsoever.
(b) Can be subject to a three month probationary period that is established by their employer prior to their date of hire, which entitles the employer to terminate employment without notice and without making any payments.
(c) Cannot be subject to a probationary period which allows their employer to terminate their employment without notice and without any payment in lieu of notice.

3. Employees can be terminated without any notice or payment for just cause. Just cause includes:

(a) Lack of work.
(b) A corporate reorganization due to a merger or amalgamation causing redundancy.
(c) Illness.
(d) Theft.

4. Employees who wish to resign from their position of employment with their employer in order to accept another employment position:

(a) Must give their current employer two weeks notice.
(b) Can leave their employment at any time without any notice if the position is no longer challenging.
(c) Must give their employer reasonable notice.
(d) Only employers are required to give notice of termination.

5. People who agree to be an independent consultant or contractor to a "client" are entitled to:

(a) No notice of termination from their "client".
(b) Notice of termination (or a payment in lieu of notice), if they are dependent on the "client" for most of their revenue.
(c) Entitlements depend upon the specific facts of each case.

6. In an application for employment, an employer can require the applicant to disclose the following information:

(a) Date of birth.
(b) A Social Insurance Number.
(c) Names of other employers that the applicant has worked for.
(d) Information relating to time spent in jail.

7.Employers can require employees to undergo a lie detector test:

(a) In the context of a reasonable investigation into a fraud or theft.
(b) On the request of the police or other government agency.
(c) As a condition of being offered employment.
(d) Where an employment agreement or collective agreement with a union permits the test.
(e) In Ontario, employers cannot require employees under any circumstances to undergo the test.

Labour Relations Law Section:

8. Employers who learn of a union organizational drive may legally:

(a) Terminate the employees who are assisting the union provided that they are given notice of termination or a payment in lieu of notice of termination.
(b) Call a meeting of employees and advise them that unionization may result in employee lay-offs or a closure of the business.
(c) Hire professional undercover investigators in order to identify the union's strategy to organize the employer's employees.
(d) Require employees to enter into an employment agreement in which they specifically agree that they will not join or support a trade union as a condition of continued employment.
(e) Communicate with employees and express their views as long as they don't say anything which could be considered to be intimidating, coercive or threatening.

9. Once a trade union obtains the right to represent a group of employees of an employer:

(a) The employer is still free to negotiate the wages and benefits with each employee.
(b) The employer must recognize the union as the employees' exclusive bargaining agent and must only negotiate employees' terms of employment with the union.
(c) The employer can simply shut down its operations and open its business under a new corporate name.
(d) The employer can simply assist employees in forming a new association of their own so that they no longer require the assistance of the union.

10.After a trade union has entered into a collective agreement with an employer:

(a) Employees cannot strike and the employer cannot lock out employees during the entire term of the collective agreement under any circumstances.
(b) The employees cannot strike but can refuse to work overtime assignments or slow down their production when they feel that their employer is not responsive to their grievances.
(c) The employees are free to strike at any time, as they have a democratic right to withdraw their services provided that they can prove that they have a legitimate reason to do so.
(d) The employer can lock out employees in order to persuade the union to grant concessions to the employer when economic times warrant such concessions.

11. Once a lawful strike has been commenced by a trade union in the Province of Ontario:

(a) The employer cannot replace striking employees under any circumstances.
(b) A striking employee may apply for reinstatement to work during the strike on terms mutually agreed upon between that employee and the employer.
(c) The employer can simply terminate the employment of all striking employees and permanently hire new employees to replace them.

12. Where a trade union representing a group of employees requires their employer to deduct union dues from wages:

(a) The employer can take the position that only union members have to pay union dues.
(b) The employer can advise the union that it is the union's responsibility to collect union dues.
(c) The collective agreement must include a term which requires the employer to deduct union dues from all employees regardless of whether or not they are union members.

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Solution Preview

The answers are based on Ontario law.

1) Answer: (B)

Explanation: Employers can terminate employment without notice and without a payment in lieu of notice if they can establish just cause. In the absence of just cause, an employer can still terminate an employee by providing reasonable notice (or the amount of notice set out in an employment agreement), or a payment in lieu of notice. Just cause does not include "redundancy".

2) Answer: (B)

Explanation: Employers can contractually establish a period of probation which entitles them to terminate an employee without notice or payments in lieu of such notice at any time during the probation period. If the probation period is longer than three months, the employee may be entitled to minimum notices under minimum Employment Standards legislation. Probation periods are not automatically created and should be specifically referred to in a contract or personnel policy manual.

3) Answer: (D)

Explanation: Redundancy, lack of work and legitimate illness do not constitute forms of just cause for dismissal. Theft, together with other forms of dishonesty that can be proven are more likely to be considered as a form of just cause which would warrant summary termination of employment.

4) Answer: (C)

Explanation: The obligation to give notice of termination is a reciprocal one. Employees are required to give their employer either reasonable notice of resignation or the amount of notice set out in a written employment agreement or personnel policy manual. The purpose of notice is to allow the employer time within which to hire and train a replacement. An employee who quits without ...

Solution Summary

This solution provides the best answer and an explanation for the multiple choice review quiz related to aspects of Employment and Labour Relations Law.

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1. Concrete Construction, Inc. (CCI), uses its cement-mixing equipment as collateral for a loan from First State Bank. The bank files a financing statement with the secretary of state in the state in which CCI was chartered. CCI is hired to do some work in another state and moves its equipment there to do the work. To continue the effectiveness of its
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a. file a continuation statement after the expiration of the original filing.
b. file a continuation statement before the expiration of the original filing.
c. file a new financing statement in the state in which CCI is working.
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2. Ed repays his debt, incurred to buy consumer goods, to First City Bank and immediately files a written request for a termination statement. First City

a. must comply within one month of receipt of the letter.
b. must comply within twenty days of receipt of the letter.
c. must refund $500 to Ed.
d. need not comply.

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10. Pete and Rob hold the first organizational meeting of Coastal Resorts Corporation (CRC). Probably the most important function of this meeting is
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11. Eve and Fred are holders of common stock in Green Grocers, Inc. (GGI). Like other holders of common stock, they may be said to have a residual position in the overall financial structure of GGI, because they...

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12. Owen and Paula are two of ten authorized directors of Quality Investments Company. The minimum number of directors that can declare a dividend on Quality stock is

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13. Frosty Drinks Corporation distributes soft drinks. Frosty's board of directors can delegate some of its functions to the firm's
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14. Nora, a shareholder of Alpha Corporation, receives a stock warrant. This is

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15. First State Bank merges with Community Bank. Only First State Bank remains. Community Bank held certain rights in certain financial assets. After the merger, First State Bank

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16. First National Bank decides to consolidate its operations with Overseas Bank to create a new firm called International Bank. Overseas Bank had certain rights in assets. After the consolidation, International Bank

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17. Mega Corporation wants to gain control of MiniCo, Inc. The companies negotiate for several months, without coming to terms. Mega decides to pursue a takeover attempt. MiniCo decides to resist. MiniCo amends its bylaws to require that 80 percent of the shareholders approve a merger. This is a

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18. Acme Enterprises, Inc., a corporation traded on a national stock exchange, wants to offer bonds for sale to the public. All-Rite Insurance Company, a state-regulated insurance company, wants to offer annuity contracts for sale to the public. Before any sale, registration must be made with the SEC for

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19. Jill, an accountant for U.S. Digital, Inc. (USD), learns of undisclosed company plans to market a revolutionary new desktop computer. Jill buys 1,000 shares of USD stock. She reveals the company plans to Ken, who buys 500 USD shares. Ken tells Laura, who buys 100 shares. Laura knows that Ken got his information from Jill. When USD publicly
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34. Beth, an employee of Midstates Manufacturing Corporation, is injured on the job and accepts workers' compensation. Beth can successfully sue Midstates

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35. Mike works as an employee for International Services, Inc. To protect Mike and other employees from arbitrary discharge, courts have created exceptions to the employment-at-will doctrine based on

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36. Jane works for Butler Warehouse Company. Jane is the only woman on her work crew. The male crew often tell jokes and play minor pranks on each other. When Jane attempts a prank, the supervisor fires her, saying that "we don't tolerate horseplay at Butler." Assuming that Jane can establish the ground for a lawsuit against Butler, Butler can defend itself by showing that

a. Jane is the member of a protected class and she was qualified for the job.
b. the misconduct Jane engaged in was nearly identical to that engaged
in by an employee who is not a member of the protected class and who was not fired.
c. there was a legitimate, nondiscriminatory reason for the discharge.
d. both a and b.

37. Paul believes that American Equipment Corporation, his employer, subjected him to discrimination on the basis of his age. For the Age Discrimination in Employment Act of 1967 to apply

a. the age discrimination must have been intentional.
b. American must have at least thirty employees.
c. Paul must be forty years of age or older.
d. all of the above.

38. Dana, who has a disability, is an employee of Hersch & Company. After the installation of new entry doors, Dana finds it nearly impossible to get into and out of the Hersch building. For repeatedly failing to be on time, Hersch discharges Dana. Dana is replaced by Gert, who does not have a disability. Dana files a claim against Hersch under the Americans with Disabilities Act of 1990. To successfully defend against Dana's claim, Hersch will have to show that

a. Dana consistently failed to meet the essential requirements of her job.
b. Gert is qualified for Dana's position.
c. Hersch cannot reasonably accommodate Dana without undue hardship.
d. all of the above.

39. Ira is declared mentally incompetent. Jay, Ira's son, is named his guardian. At Jay's insistence, Ira transfers his assets to Jay "for safekeeping." A court might conclude that this gift is not effective on the ground that there was no

a. acceptance.
b. delivery.
c. donative intent.
d. donor's acknowledgment.

40. Sara, a famous pianist, is told that she will have to undergo brain surgery that could result in partial paralysis of her right arm and leg. Before she enters the hospital, Sara gives her concert piano to a good friend who is also a pianist and has the piano transported to the friend's home. The surgery is successful, and Sara suffers no postsurgical paralysis of any kind. Sara can

a. revoke her gift because it was a gift causa mortis.
b. not revoke her gift because it was a gift causa mortis.
c. revoke her gift because it was a gift inter vivos.
d. not revoke her gift because it was a gift inter vivos.

41. Jerome agrees to let Kenny store his boat behind Jerome's garage for $20 a month while Kenny is in Europe. One day, a few weeks after Kenny's departure, Jerome notices that the canvas tarp covering the boat is so cracked and worn that rainwater is collecting in the boat. Jerome replaces the tarp at a cost of $35. Given these facts a. Jerome does not have a right to collect $35 from Kenny because this was

a gratuitous bailment.
b. Jerome probably has a right to be compensated for the $35 on Kenny's return.
c. Kenny does not have to pay Jerome $35 because he did not authorize Jerome to purchase a new tarp.
d. Kenny does not have to pay Jerome $35 because no bailment existed, just a friendly arrangement.

42. Eve possesses a city block. Eve has the right to use the property, as she sees fit, subject to local zoning laws. She can lease the property, or dispose of it by selling or giving it away or letting it pass on her death to her heirs. This ownership interest is

a. a fee simple absolute.
b. a future interest.
c. a leasehold estate.
d. a life estate.

43. Irma owns land in Iowa. Her ownership rights include the right to sell or give away the property without restriction, and the right to commit waste, if she chooses. Irma deeds her land to Jake. The deed states, "To Jake, for life, then to Kim." Irma has given Kim

a. a fee simple absolute.
b. a fee simple defeasible.
c. a life estate.
d. a remainder.

44. Ben, a football fan, transfers land, by deed, to Alpha University. The deed states, "To Alpha University, as long as the football team wins every game, then to Kappa College." Alpha's interest in the land is

a. a fee simple defeasible.
b. an executory interest.
c. a remainder.
d. a reversionary interest.

45. Earl applies for, and obtains, a life insurance policy from Federated Insurance Corporation that contains an incontestability clause. This clause provides that Federated cannot contest statements made in the application

a. after the policy has been effect for a specified period of time.
b. as soon as the policy is issued.
c. under any circumstances.
d. none of the above.

46. In her will, Jill makes a gift of stock to Kent. At the time of Jill's death, she owes $10,000 to Local Mortgage Company. The residuum of her estate consists of assets that

a. exist before taxes, expenses, and the debt to Local Mortgage are paid.
b. pay estate taxes, expenses, and debts.
c. remain after the debt to Local Mortgage is paid and the gift to Kent is made.
d. remain after taxes, expenses, and the debt to Local Mortgage is paid, but before the gift is made to Kent

47. Sophia executes a will in 1990 naming her nephew Porter as the sole beneficiary. In 1999, she executes another will, changing the beneficiary to her niece Allison, but she does not state in the 1999 will that she is revoking the earlier will. On Sophia's death

a. Porter will be the sole heir, as the 1990 will was first in time and was never effectively revoked.
b. Allison will be the sole heir because a second will automatically revokes an earlier will even if a declaration of revocation is missing from the second will.
c. Allison will be the sole heir because even when a declaration of revocation is missing from a second (later) will, if the second will is inconsistent with an earlier will, the second will controls.
d. neither Porter nor Allison will inherit because when a second will is inconsistent with an earlier will and the earlier will is not specifically revoked in the second will, the testator's property escheats to the state.

48. Egypt hires a British advertising agency to promote tourism from Europe but fails to pay for the agency's services. If the agency attempts to sue Egypt in a U.S. court, Egypt will likely be exempt from the court's jurisdiction under
a. the act of state doctrine.
b. the Convention on Contracts for the International Sale of Goods.
c. the doctrine of sovereign immunity.
d. the principle of comity.

49. New World Products, Inc., a U.S. firm, contracts with Fong, Ltd., a Hong Kong firm, allowing the foreign firm to use and profit from its patented products. This is
a. importing.
b. exporting.
c. exclusive distributing.
d. technology licensing.

50. The United States taxes each barrel of imported oil at a flat rate. This is

a. an antidumping duty.
b. a dumping duty.
c. a quota.
d. a tariff.

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