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EMPR 210 questions and correct answers (elaborations) with 100% accurate , verified , latest fully updated , 2024/2025 ,already passed , graded a+, complete solutions guarantee distinctions rationales| 5-star rating
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EMPR 210 questions and correct answers (elaborations) with 100% accurate , verified , latest fully updated , 2024/2025 ,already passed , graded a+, complete solutions guarantee distinctions rationales| 5-star rating

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  • August 5, 2024
  • 28
  • 2024/2025
  • Exam (elaborations)
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  • empr 210 questions and correct answers elaboratio

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EMPR 210
3. Do human rights statutes protect against discrimination extend to the recruitment process?
a. No. human rights statutes only apply once an employment relationship has been established
b. Yes. Human rights statutes protect against both direct & indirect discrimination in the
recruitment process
c. Yes. Human rights statutes protect against direct discrimination in the recruitment process,
such as "whites only" job advertisements - ANS-b. Yes. Human rights statutes protect against
both direct & indirect discrimination in the recruitment process

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

According to Professor Geoffrey England, what is the doctrine of frustration most concerned
with?
a. That the person responsible for the event which caused the frustration should bear the
burden
b. That the burden of the event which frustrated the contract should be shared equally
c. Determining who shall bear the burden of the event which frustrated the contract - ANS-c.
Determining who shall bear the burden of the event which frustrated the contract

According to the author what has been the most significant accomplishment of the duty to
accommodate?
a. It has required employers to proactively ensure that barriers to employees' equal
participation in the workplace are removed
b. It has had a spillover effect into other policy areas, most notably the education & health
sectors
c. It has increased the participation of African-Canadians in the workforce - ANS-a. It has
required employers to proactively ensure that barriers to employees' equal participation in the
workplace are removed

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?

ambiguous contract term - ANS-A contract term capable of multiple interpretations

,analogous grounds - ANS-prohibited grounds of discrimination in equality legislation that are not
enumerated(list) in the legislation, but which the courts have read into the legislation bc of their
similarity to the enumerated grounds that are protected
eg. sexual orientation, marital status, citizenship

ancillary contract terms - ANS-terms found in secondary documents, such as HR policy manuals
or employee handbooks, that have been incorporated into an employment contract by
agreement of the employer & employee

ancillary documents - ANS-written materials that are physically separate from an employment
contract but that include rules that related to the employment relationship
eg. employee handbooks, benefits handbooks, HR policy manuals

Are all employment contracts made with minors (those under age 18) void?
a. No. contracts that are generally to the benefit of the minor may be enforced
b. Yes, unless the minor has been declared an "emancipated minor" through the courts
c. No. according to the common law, the age of capacity to contract for employment is 14, not
18.
d. Yes. Minors are not legally capable of contracting for anything owing to the "tender years"
doctrine. - ANS-a. No. contracts that are generally to the benefit of the minor may be enforced

As a general rule, do employment contracts contain language allowing employers to unilaterally
modify the contract?
a. No, but there is some speculation as to why this is since the employer usually has the
greater leverage in contract negotiation and such a clause is usually to his benefit
b. Yes, but usually such language refers to particular clauses within a contract rather than the
contract as a whole
c. Yes. Since the employer is the one who usually draws up the contract, it is usually "take it or
leave it" and thus they can include most any term they wish - ANS-a. No, but there is some
speculation as to why this is since the employer usually has the greater leverage in contract
negotiation and such a clause is usually to his benefit

Bardal factors - ANS-criteria considered by Canadian courts in assessing the length of time
required by the implied obligation to provide "reasonable notice" of termination of an
employment contract
name comes from the leading decision called Bardal v. Globe & Mail Ltd. (1960)

binding 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

, bona fide occupational requirement (BFOR) - ANS-a defence to discrimination that an employer
may use to prove that a discriminatory rule/standard/practice was enacted for legitimate
business reasons; it requires that the employer prove that it cannot accommodate the
complainant's needs w/o causing itself undue hardship

Meiorin case (1999) - firefighters

Can an employer enforce a restrictive covenant if the employee was fired without just cause?
a. No. firing an employee without just cause is a repudiation of the contract and the employer
cannot then benefit from the contract's terms.
b. Yes, as long as the employee was provided with the requisite notice and the covenant is
itself reasonable
c. No. firing someone without just cause, even if they have been given notice, unfairly puts
them in a position where their ability to make a living has now been restricted, to the benefit of
the employer - ANS-b. Yes, as long as the employee was provided with the requisite notice and
the covenant is itself reasonable

Can reasonable notice be altered by contracting parties?
a. No. reasonable notice is a term implied into all employment contracts to protect the
employee. To allow it to be altered would undermine its purpose
b. No. because notice requirements are statutory, minimum guarantees and legislated
guarantees cannot be contracted away
c. Yes, but only as to the length of notice. The right to some notice cannot be contracted away
d. Yes, because it is a right which protects employers as well as employees. Since the benefit
flows both ways, it is acceptable for parties to contract whatever terms they wish regarding
notice - ANS-c. Yes, but only as to the length of notice. The right to some notice cannot be
contracted away

Can unregistered patents be protected from infringement?
a. Yes. Patents enjoy protection under the common law and can be infringed through the rule
against "passing off"
b. No. patents are protected by statute, which includes the requirement to register them as
one's own
c. Yes. The rule against passing off protects unregistered patents when evidence indicates the
registration of the patent is underway or has expired
d. No. without registration, it is too difficult to ascertain which contending party was the inventor
- ANS-b. No. patents are protected by statute, which includes the requirement to register them
as one's own

Can unregistered trademarks be protected from infringement?
a. No. Without registration it is too difficult to ascertain which contending party was the
originator and first user of the trademark.

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