Exam (elaborations)
EMPR 210 (1)
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Exam of 28 pages for the course NC Commercial Contractor at NC Commercial Contractor (EMPR 210 (1))
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EMPR 210binding precedent - ANS-lower courts must decide similar cases in the same way as higher
courts in the same jurisdiction, whether they agree with the decision or not
an earlier decision by a court of higher ranking dealing with the same legal issue in a case that
comes before a lower court judge. Lower court judge is required to apply the same reasoning &
legal test applied by the higher court
Why have courts decided that employment contracts are distinguishable from commercial
contracts?
a. Commercial contracts are generally not characterized by an inequality of bargaining power
b. Commercial contracts are not as highly regulated as employment contracts
c. Commercial contracts have less effect on the overall economy than employment contracts
d. Commercial contracts are generally not in written form - ANS-a. Commercial contracts are
generally not characterized by an inequality of bargaining power
What are "administrative tribunals"?
a. "Administrative tribunals" is simply another term for "court of law"
b. They are created by statute to offer an alternative to the court system
c. They are created by statute to review the decisions of courts - ANS-b. They are created by
statute to offer an alternative to the court system
tort - ANS-a wrongful act committed by one person resulting in harm to another
a type of wrongful act done by 1 person to another (or to another's property) that judges have
recognized as legally actionable
eg. nuisances, trespass, negligence, conspiracy
Which of the following types of disputes does the Ontario Labour Relations Board hear?
a. Disputes between employers & unionized workers arising from both the collective agreement
and the Employment Standards Act
b. Disputes between employers & unionized workers arising from the collective agreement only
c. Disputes between employers & unionized workers arising from the Employment Standards
Act only - ANS-a. Disputes between employers & unionize workers arising from both th
collective agreement & the Employment Standards Act
What is the central characteristic of the employment contract?
a. It is an exchange of work for non-wage benefits determined by the parties
b. It is an exchange of work for wages
c. It is either an exchange of work for wages or for non-wage benefits, as determined by the
parties - ANS-b. It is an exchange of work for wages
,According to the test set out by the Supreme Court of Canada in Sagaz, what is the single-most
important question to answer to determine employment status?
a. Whose business is it?
b. Who pays for the tools used?
c. Who controls the direction of work?
d. Who is responsible for hiring & firing decisions? - ANS-a. Whose business is it?
8. What is the principle characteristic of a dependent contractor?
a. They hire their own sub-contractors
b. They work mostly from home
c. They usually work for only one organization
d. They use their own tools - ANS-c. They usually work for only one organization
Which of the following may an independent contractor sue for?
a. Wrongful dismissal
b. Worker's compensation
c. Reasonable notice
d. Breach of contract - ANS-d. Breach of contract
Which of the following is true regarding those who do "managerial" work?
a. Since they represent the management of any firm, they cannot be considered employees
b. Even if they are employees, they may excluded from some or all employment-related
benefits by legislation
c. If they are employees, then they must receive all employment-related benefits - ANS-b. Even
if they are employees, they may excluded from some or all employment-related benefits by
legislation
What are workplace norms?
a. The total sum of all regulatory standards & common law rules that apply to the workplace
b. The written workplace policies of any company, which are included as part of all employment
contracts
c. Unwritten rules about how people can expect to act & be treated in the workplace - ANS-c.
Unwritten rules about how people can expect to act & be treated in the workplace
What is a "living wage"?
a. The amount required to live decently given factors such as the relative cost of living
b. An amount above the Low Income Cut-Off (LICO), which is the point at which a family
spends 20% more on necessities than the average family
c. Any amount at or above the Canadian median average
d. Another term for the regulated minimum wage in any jurisdiction - ANS-a. The amount
required to live decently given factors such as the relative cost of living
To what does the "spillover effect" refer?
, a. The effect of strike activity upon the national economy
b. The effect that economic considerations have on the ability to organize a union
c. The effect that wages negotiated within the collective bargaining regime have on the wages
of non-unionized employees
d. The effect of unions upon the economy owing to unionized workers' greater purchasing
power - ANS-c. The effect that wages negotiated within the collective bargaining regime have on
the wages of non-unionized employees
What is meant by the term "union avoidance"?
a. A term for the management's illegal promise to provide an employee with a benefit, if he or
she agrees not to report a workplace rule violation to the union
b. A strategy employed by management to reduce the risk that employees will form a union
c. A strategy employed by workers during a union organizing campaign to convince other
workers to vote "no" - ANS-b. A strategy employed by management to reduce thee risk that
employed will form a union
Why were human rights codes & tribunals developed?
a. Because the common law does not protect people against discrimination
b. Because the common law protects against discrimination in only a few instances
c. Because they provide a less costly alternative to the courts for redressing claims of
discrimination - ANS-a. Because the common law does not protect people against
discrimination
What was the significance of Vriend v Alberta?
a. It was the first post-Charter human rights case heard by the Supreme Court of Canada
b. The Supreme Court of Canada concluded that all provincial human rights codes must include
sexual orientation as a prohibited ground of discrimination
c. It was the first time that the inclusion of sexual orientation as a prohibited ground of
discrimination was challenged as a violation of religious rights
d. The Supreme Court of Canada concluded that sexual orientation was a permitted ground of
discrimination if the employer was a religious organization - ANS-b. The Supreme Court of
Canada concluded that all provincial human rights codes must include sexual orientation as a
prohibited ground of discrimination
What is the neo-classical perspective view about human rights legislation?
a. Human rights legislation is different from other worker protection laws & does not constitute
inappropriate interference in the market
b. Human rights legislation is unfair since employers ought to be able to do whatever they want
with property that is legally theirs
c. Human rights legislation is unnecessary because market forces, if left alone, will allocate
resources optimally - ANS-c. Human rights legislation is unnecessary because market forces, if
left alone, will allocate resources optimally
What does the managerialist perspective share with the neo-classical perspective?
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