Exam (elaborations)
COMM 315 Final Exam questions and answers Concordia University
- Course
- COMM 315
- Institution
- Concordia University ( )
COMM 315 Final Exam questions and answers Concordia University
[Show more]
Content preview
COMM 315 Final Exam questions and answersConcordia University
2085 : About EEE - EEE: directed, controlled by EER
- deductions withheld at source (contractors no)
- EER can be fined if EER mislabels an EEE as contractor and fails to withhold deductions
Contractor: no direction/control. Provides his own tools, able to subcontract.
2086: Fixed or Indefinite - contracts can be fixed or indefinite (open-ended)
2087 : Obligations of EER to EEE - 1. to provide work
2. to pay for work
3. to protect health, safety and dignity of EEE
2088: Obligations of EER to EER - 1. work with prudence/diligence. Discretion and earnest
effort.
2. faithfully: will not place owns interests ahead
3. protect confidential info
- all employee sanctions root from this
- fiduciary duty to the EER
2089*: Non-Competition Clause - Whenever you get fired there are certain places that you
can't work for. The SHAKE TEST, are 5 steps that prove validity of a non-competition clause
(each answer must be yes, proof is on EER)
1. Is it in writing (cannot be verbal)
2. Does it specify time/place/type of employment
3. Does EER have legitimate reason (can you damage EER with info)
- burger flippe
- game developer
4. Limitations from 3 reasonable
- appropriate place (north america covers a lot of ground)
- time (one year is not reasonable if software is 6 months)
- type of employment
2095: Fired Without Cause - Fired without cause cannot invoke a non-competition clause. With
cause, clause 2089 upheld
2090: Implied Renewal of Employment - If contract, within five days is extended indefinitely.
2091: Contract with Indeterminate Term - either side can end the contract at any time
providing REASONABLE NOTICe:
, - precedent
- how long EEE has been on job
- what he was doing while there
2092: Indemnity in Lieu of Reasonable Notice - compensation for damage of loss:
- length of time wasn't reasonable
- compensation was insufficient
(i.e: EER cannot make you sign a paper saying you won't sue for more compensation)
2093: Dead of EER - EE's contract continues
2094*: Serious Reason - Obligations breached (2087,2088)
2096: Limits of Info Release by EER on EEE - - certificate of employment: shows
nature/duration. and identities of the parties
2097: EEE' contract still in effect after a buyout - contract is still in effect with the successor
1463: EER is responsible for EEE's damages - For EEE to pass on responsibility, he must prove:
- prove he was an EEE (2085)
- person is at work at time of injury/damage
- vicarious liability: responsibility of the superior for acts of the subordinate.
1621*: Punitive Damages Calculation - amount may not exceed what is sufficient to fill
prevention:
- gravity of debtors fault
- patrimonial situation
- extent of reparation (replenishment of previous loss):
81.18: Vexatious Behavior - vexatious behavior (causing annoyance or frustration), that EEE's
dignity, psychological/physical integrity, results in harmful work environment for the EEE
81.19: Good Work Environment - EER is obliged to provide a good work environment.
123.7: 90 day complaint - A complaint must be filed within 90 days of last offending behavior to
be applicable.
"extinctive prescription" - you have 90 days to institute an action; if not then lose the right to
do so. Don't count day of occurence, round to next juridical day if it is on a weekend
123.15: Recourse to Psychological Harassment - - damages
- money owed to date since firing
- EEE hired back: EER ordered to reinstate: reintegration order
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller smartzone. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for CA$16.55. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
72042 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now