Lecture 1 Flashcards
Which of the following statements about employment law in Canada is true?
a) Employment relationships are purely contractual and regulated only by contract law.
b) Employment relationships are governed by both contract law and various legislation.
c) Employment law applies only to government employees.
d) All employment relationships in Canada fall under federal jurisdiction.
Employment relationships are governed by both contract law and various legislation.
What percentage of Canadian employees are subject to federal employment regulation?
a) 100%
b) 50%
c) 10%
d) 90%
10%
What is the primary factor used to determine if a worker is an employee or an independent contractor?
a) The worker’s job title.
b) Whether the worker receives a salary or hourly wage.
c) Whether the worker is working for themselves or for an employer.
d) Whether the worker works full-time or part-time.
Whether the worker is working for themselves or for an employer.
Which of the following is not a factor considered in determining whether someone is an employee or an independent contractor?
a) The level of control exercised by the employer.
b) Whether the worker hires their own helpers.
c) The worker’s annual salary.
d) Whether the worker provides their own equipment.
Answer: c) The worker’s annual salary.
If an employer makes verbal promises during an interview but does not include them in the written contract, what legal principle might apply?
a) The contract is automatically void.
b) The employee can sue under negligent misrepresentation.
c) The employer can change the contract at any time.
d) The employee has no legal rights to enforce the promises.
The employee can sue under negligent misrepresentation.
In the case Ceccol v Ontario Gymnastics Federation (2001), what was the court’s decision regarding fixed-term contracts?
a) Employers can freely use fixed-term contracts without any restrictions.
b) If an employee continuously works under fixed-term contracts for many years, they may be considered an indefinite-term employee.
c) Fixed-term contracts automatically become indefinite contracts after five years.
d) Employees on fixed-term contracts are not entitled to reasonable notice.
b) If an employee continuously works under fixed-term contracts for many years, they may be considered an indefinite-term employee.
Which of the following is not covered under employment standards legislation?
a) Overtime pay
b) Minimum wage
c) Employee productivity quotas
d) Termination & severance pay
Employee productivity quotas.
If an employee has worked for a company for 5 years in British Columbia, how much minimum notice must they receive upon termination?
a) 1 week
b) 2 weeks
c) 5 weeks
d) 8 weeks
5 weeks. (BC’s Employment Standards Act requires 1 week’s notice per year of service, up to 8 weeks total.)
Under common law, which of the following is an employer’s duty?
a) To ensure employees follow the company dress code.
b) To take reasonable care for employees’ safety.
c) To allow employees to set their own work schedules.
d) To guarantee promotions to long-term employees.
To take reasonable care for employees’ safety.
In the case Barber v Somerset County Council (2004), why was the employer found liable?
a) The employer had a duty to help an employee experiencing workplace stress but failed to do so.
b) The employee was fired without notice.
c) The employer discriminated against the employee.
d) The employer was responsible for an accident at work.
a) The employer had a duty to help an employee experiencing workplace stress but failed to do so.
What is a fiduciary employee?
a) An employee who is required to disclose all company secrets after termination.
b) A low-level employee with no confidentiality obligations.
c) A senior employee or key management staff who owes a duty of loyalty to the employer.
d) Any employee who signs a non-compete agreement.
c) A senior employee or key management staff who owes a duty of loyalty to the employer.
Which of the following can a former employee legally do after leaving a company?
a) Copy and use the company’s customer list to start a competing business.
b) Use confidential trade secrets from the old employer to gain an advantage.
c) Start a business in the same industry as their former employer, using their general skills and experience.
d) Take confidential pricing and contract details from their previous job and share them with a competitor.
c) Start a business in the same industry as their former employer, using their general skills and experience.
Under the vicarious liability principle, when is an employer most likely to be held responsible for an employee’s wrongful acts?
a) When the employee acts outside of work hours.
b) When the employee’s wrongful act is closely connected to their job duties.
c) When the employer did not directly authorize the employee’s actions.
d) When the employer does not have a written company policy.
b) When the employee’s wrongful act is closely connected to their job duties.
In the case Bazley v Curry (1999), why was the employer found vicariously liable?
a) The employer knew about the employee’s past wrongful acts.
b) The employer created a risk by hiring the employee in a position of trust with children.
c) The employer ignored complaints from other employees.
d) The employer was financially responsible for the employee’s legal defense.
b) The employer created a risk by hiring the employee in a position of trust with children.
Which of the following factors is most likely to indicate that a worker is an independent contractor rather than an employee?
a) The worker uses the employer’s equipment and tools.
b) The employer determines the worker’s work schedule.
c) The worker takes financial risks and can make a profit or loss.
d) The worker receives a salary and benefits from the employer.
Answer: c) The worker takes financial risks and can make a profit or loss.
In Keenan v Canac Kitchens (2016), why were the Keenans considered dependent contractors rather than independent contractors?
a) They had worked exclusively for Canac for most of their careers.
b) They had signed a contract stating they were independent.
c) They had other jobs while working for Canac.
d) They were required to purchase their own work trucks.
Answer: a) They had worked exclusively for Canac for most of their careers.
What is a key legal difference between a fixed-term contract and an indefinite-term contract?
a) Fixed-term employees do not have legal rights.
b) Indefinite-term employees can be dismissed at any time without notice.
c) Fixed-term contracts end automatically at the agreed-upon date, whereas indefinite-term contracts require notice for termination.
d) Indefinite-term contracts must be renewed every year.
Answer: c) Fixed-term contracts end automatically at the agreed-upon date, whereas indefinite-term contracts require notice for termination.
In Queen v Cognos Inc. (1993), why was the employer found liable?
a) The employer failed to include key job details in the contract.
b) The employer made misleading statements during the hiring process.
c) The employer terminated the employee for misconduct.
d) The employee did not receive a promotion after being hired.
Answer: b) The employer made misleading statements during the hiring process.
Under most Canadian employment standards, how much overtime pay must an employer pay for hours worked beyond the standard workweek?
a) 1.5 times the regular wage
b) 2 times the regular wage
c) 1.25 times the regular wage
d) No extra pay unless specified in the contract
Answer: a) 1.5 times the regular wage
Which of the following is true about vacation pay under Canadian employment law?
a) Employers are never required to provide paid vacation.
b) Vacation pay applies only to employees who work full-time.
c) Employees earn vacation time based on their length of service.
d) Employees must take vacation immediately upon earning it.
Answer: c) Employees earn vacation time based on their length of service.
If an employer terminates an employee without cause, what is the employee generally entitled to?
a) No compensation
b) A severance package or notice period, depending on employment length
c) A lifetime pension
d) Automatic job placement elsewhere
Answer: b) A severance package or notice period, depending on employment length.
In Fresco v CIBC (2012), what issue did employees sue the employer over?
a) Discrimination in promotions
b) Harassment in the workplace
c) Unpaid overtime
d) Unsafe working conditions
Answer: c) Unpaid overtime.
An employer’s duty to provide a safe workplace includes all of the following except:
a) Providing necessary safety equipment.
b) Offering proper training and supervision.
c) Ensuring fair wages.
d) Implementing safety procedures.
Answer: c) Ensuring fair wages.
In Barber v Somerset County Council (2004), what workplace issue led to the employer being found liable?
a) Failure to provide medical leave
b) Failing to address workplace stress and mental health concerns
c) Discriminatory hiring practices
d) Wrongful dismissal
Answer: b) Failing to address workplace stress and mental health concerns.
