Exam (elaborations)

Test Bank for Canadian Labour Relations, Law, Policy, and Practice, 2nd Edition Doorey (Chapter 1 to 17 included)

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Course Employment Law

Institution
University Of Toronto (U Of T )

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Uploaded on October 10, 2024
Number of pages 24
Written in 2024/2025
Type Exam (elaborations)
Contains Questions & answers

why are restrictive covenant clauses controversial
what does the term public policy illegality mean
can an employer enforce a restrictive covenant if
what is a fixed term contract

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Test Bank for Canadian Labour
Relations, Law, Policy, and Practice,
2nd Edition Doorey (Chapter 1 to 17
included)
What does it mean to say that a contract term is ambiguous?
a) It means that the term is vague and subject to multiple, reasonable
interpretations
b) It means that the term was added unilaterally at some time during
the life of the contract
c) It means that its performance will greatly disadvantage one of the
parties - correct answer>>>a) It means that the term is vague and
subject to multiple, reasonable interpretations

Why are restrictive covenant clauses controversial?
a) They are controversial because they seem to pit two legitimate
interests against each other: the right of trade against the right of
contract
b) They are controversial because they allow people to create contracts
that restrict their future right to alter those same contracts
c) They are controversial because they allow people to create contract
terms below the otherwise legislated minimum standards of work -
correct answer>>>a) They are controversial because they seem to pit
two legitimate interests against each other: the right of trade against
the right of contract

What does the term "public policy illegality" mean?

,a) It refers to the common law right of judges to void specific contract
terms if they are deemed contrary to public interest
b) It refers to the right of the legislature to override common law rules
through specific statutes in the public's interest
c) It refers to the common law right of judges to include specific
contract terms that are deemed necessary to protect public interest -
correct answer>>>a) It refers to the common law right of judges to void
specific contract terms if they are deemed contrary to public interest

Can an employer enforce a restrictive covenant if the employee was
fired without just cause?
a) No. Why should the employer still benefit after unfairly firing the
employee?
b) No. Firing an employee without just cause is a repudiation of the
contract and the employer cannot then benefit from the contract's
terms
c) Yes, as long as the employee was provided with the requisite notice
and the covenant itself is reasonable - correct answer>>>c) Yes, as long
as the employee was provided with the requisite notice and the
covenant itself is reasonable

What is a fixed term contract?
a) A fixed-term contract expires at a given time with no further
requirement on either party in terms of notice to bring the contract to
an end

, b) A fixed-term contract contains a contract term enabling the parties
to extend the life of the contract by mutual agreement
c) A fixed-term contract includes an agreement not to amend or modify
any of the expressed terms during the life of the contract - correct
answer>>>a) A fixed-term contract expires at a given time with no
further requirement on either party in terms of notice to bring the
contract to an end

What is the significance of Ceccol v. Ontario Gymnastic Federation?
a) It stands for the proposition that all fixed-term contracts are to be
treated as indefinite employment contracts for the purposes of
reasonable notice
b) It stands for the proposition that the existence of several one-year
contracts will be evidence of an intent to create an indefinite-term
contract
c) It stands for the proposition that either employers or employees may
alter the end-date of fixed-term contracts - correct answer>>>b) It
stands for the proposition that the existence of several one-year
contracts will be evidence of an intent to create an indefinite-term
contract

What is the changed substratum doctrine?
a) It refers to a doctrine wherein a contract may not be enforceable if
over the course of that contract an employee has been given much
more job responsibility and the contract does not contemplate that
outcome

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