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TEST BANK The Law of Work 2nd Edition by David Doorey A+
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Created By: A SolutionTEST BANK The Law of Work 2nd Edition by David
Doorey A+
Chapter 1: Canadian Work Law in a Nutshell
Multiple Choice
1. What are the three regimes of work law discussed in this chapter? (p. 4)
a. The common law regime, the regulatory regime, and the collective bargaining
regime
b. The court system regime, administrative tribunals regime, and collective bargaining
regime
c. The employment contracts regime, commercial contracts regime, and the collective
bargaining regime
d. The law of contracts regime, the law of torts regime, and the common law regime
2. Why is the “master and servant” regime considered a “status-based” regime? (p. 5)
a. Because workers could leave these jobs at will without facing any penalties
b. Because workers enjoyed a certain level of respect for the work they did
c. Because workers had more rights than workers do today
d. Because workers were subservient to the people for whom they worked
3. To what does the “common law of employment contracts” refer? (p. 7)
a. The collection of all collective agreements submitted to the various provincial labour
boards
b. The collection of all written employment contracts in Canada
c. The collection of all written judicial decisions regarding employment contract
disputes
4. What does the term “binding precedent” mean? (p. 7)
a. Lower courts must decide similar cases in the same way as any other court in any
jurisdiction, only if they agree with the decision
b. Lower courts must decide similar cases in the same way as higher courts in any
jurisdiction
c. 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
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d. Lower courts must decide similar cases in the same way as other lower courts in the same
jurisdiction
5. What is a “tort”? (p. 7)
a. An act that constitutes a breach of a specific term of employment
b. An act that violates an employment statute
c. A wrongful act committed by one party resulting in harm to another
d. A wrongful act committed by one party whether or not it results in harm to another
6. For which of the following reasons have courts decided that employment contracts are
distinguishable from commercial contracts? (p. 9)
a. Unlike employment contracts commercial contracts are generally not characterized
by an inequality of bargaining power
b. Unlike employment contracts commercial contracts are generally not in written form
c. Unlike employment contracts commercial contracts are not highly regulated
d. Unlike employment contracts commercial contracts have little effect on the overall
economy
7. What main reason does the author identify for why governments intervened in „freedom
of contract‟ by creating employment standards legislation? (p. 10)
a. Because employers often did not exercise their superior bargaining power in a way
acceptable to society
b. Because employees were too willing to bounce from job to job creating uncertainty for
employers and the economy
c. Because governments realized they could raise more tax dollars if people had stable
employment
d. Because employers were taking advantage of their employees
8. What are “administrative tribunals”? (p. 11)
a. “Administrative tribunals” is simply another term for “court of law”
b. They are created by statute to offer an alternative system, though one not wholly
dissimilar, to the courts
c. They are created by statute to review the decisions of courts
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9. Which of the following does the author claim is the main purpose of the collective
bargaining regime? (p. 12)
a. To create incentives for workers to work as efficiently as possible
b. To create penalties when unions do something illegal
c. To introduce certainty and stability into the employment relationship
d. To produce a countervailing force that could help equalize bargaining power
between employers and workers
10. What has been the Canadian government‟s position regarding collective bargaining? (p.
12)
a. It has been consistently hostile since the inception of collective bargaining in the mid-
1940s
b. It has been consistently supportive since the inception of collective bargaining in the mid-
1940s
c. It has been alternatively supportive and hostile since the inception of collective
bargaining in the mid-1940s, depending upon the particular government in power
Short Answer
1. Identify and briefly explain the two branches of the common law of employment. (pp. 5-
8)
The first branch of the common law of employment is the law of contracts. This is the branch of
the law which allows parties to sue each other in court for violations of the terms of a contract
negotiated between the parties. The second branch of the common law of employment is the law
of torts. This is the branch of the law which allows for a remedy (in the form of monetary
damages) due to the harmful actions of another, even though such actions do not violate a
contractual term or employment statute.
2. Identify the branch of law or regime from which the common law of employment
evolved. Was that regime characterized by freedom of contract? Explain. (p. 5)
The branch of law that existed prior to the common law of employment is known as the master
and servant regime. The master and servant regime is characterized by a lack of freedom of
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contract. For e.g., leaving the employ of a master to whom one was “contracted” often meant
imprisonment.
3. What is the main reason for which lower courts often follow previous judicial decisions
even when those decisions are not strictly binding upon them? (p. 7)
The main reason for which lower courts follow decisions that are not binding upon them is to
provide predictability within the judicial system.
4. Identify and explain the two ways in which judges can remedy a tort. (p. 9)
The first way that a judge can remedy a tort is by ordering monetary damages. Monetary
damages consist in the payment of money to the party that was harmed by the party that has
committed the harmful action. The second way a judge can remedy a tort is by ordering an
injunction. An injunction is a judicial order to refrain from committing the tortious act. In the
context of employment, this usually involves injunctions against picketing.
Essay Questions
1. “Freedom of contract” is thought to ensure “elementary respect for the dignity, autonomy
and equality of citizens.” And, moreover, that “the parties are likely to have the best information
about where their interests lie, and therefore they should be permitted to forge a compromise
between their competing interests without interference by a paternalistic state.” Why do you
think that some believe that “freedom of contract” is best able to protect the worker‟s dignity and
autonomy and to what extent to you think that that is correct?
2. The collective bargaining regime has been a means to increase the bargaining power of
workers by creating a framework that empowers workers to negotiate better terms through
collective action, usually with the possibility of using the economic weapon of the strike to
increase that bargaining power. By contrast, employment standards legislation is meant to create
substantive terms that all employers must abide by law. With the above in mind, ought the state
to increase its support of the collective bargaining regime or ought it to increase the substantive
terms of all employment contracts? Should it do both, or neither?
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