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Type:

Solution Manual

Resource:

Employment Law for Human Resource Practice

Edition:

7th Edition

Author(s):

David Walsh

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 1: Student Version

Chapter 1: Overview of Legal Framework Multiple Choice 1. Which one of the following employers is covered by the Canada Labour Code? a. a book store b. a mining company c. a bank d. a hair styling salon 2. The “common law” refers to law that is: a. passed by a legislature b. made by judges c. common to both private and public sector employees 3. To become a statute, a provincial bill must: a. pass two readings in the provincial legislature b. pass three readings in the provincial legislature c. pass a vote in the Senate d. receive royal assent 4. The Canadian Charter of Rights and Freedoms applies: a. only where there is some element of government action or conduct b. whenever someone’s rights to equality have been infringed c. to federally regulated employees only d. to individuals between the ages of 18 and 64 only 5. Most employment statutes in Alberta and British Columbia are interpreted and enforced by: a. Small Claims Courts b. specialized tribunals and boards c. Superior Courts 6. A bill in the provincial legislature goes to committee after: a. first reading b. second reading c. third reading d. receiving royal assent

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 1: Student Version

7. “Statute law” refers to: a. law passed by a legislative body b. law made by judges c. law based on the Napoleonic Code d. law that covers employed citizens only 8. In common law, the non-union employment relationship is viewed as being: a. based in statute law b. based in contract law c. based in tort law 9. Which of the following people are covered by some or all of the standards in the employment standards legislation in Alberta or British Columbia? a. a judge in Calgary b. an HR analyst at Bell Canada in Vancouver c. a bank teller at an ATB branch in Edmonton d. a unionized construction worker in Kelowna 10. The Canadian Charter of Rights and Freedoms can be used to strike down employment laws that are found to contravene its requirements because: a. it forms part of Canada’s Constitution b. it was written in 1867 and so takes precedence over later laws c. it outlines the legislative authority of Parliament and the provincial legislatures d. it protects individual rights 11. The “notwithstanding clause” in the Canadian Charter of Rights and Freedoms allows the federal or provincial governments to enact legislation that infringes the Charter if: a. the government expressly declares that the law will operate notwithstanding the Charter b. the law in question applies only to government employees c. the law in question will expire in five years or less 12. If you work in a grocery store in Lethbridge, Alberta, you are covered by: a. federal employment laws b. Alberta employment laws c. Lethbridge employment laws

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 1: Student Version

13. A privative clause: a. attempts to limit the parties’ ability to have a decision of an administrative tribunal reviewed by the courts b. entirely displaces the jurisdiction of the courts c. attempts to protect the privacy of the parties to a legal action 14. Section 15 of the Canadian Charter of Rights and Freedoms guarantees people in Canada: a. freedom of religion b. equality rights c. freedom of association d. freedom from arbitrary detention 15. Whether your workplace is covered by provincial or federal employment laws depends on: a. the number of employees in the organization b. whether the employer operates in more than one province or territory c. the jurisdiction in which the employer is incorporated d. the industry sector (e.g., mining, health, manufacturing) in which the employer operates 16. Which one of the following originates with the provincial legislature? a. statute law b. regulations c. common law d. the Canadian Charter of Rights and Freedoms 17. A judge in British Columbia is hearing a dispute over an employment contract. The lawyer representing the plaintiff points to a case from Alberta that covers exactly the same issue and supports her client’s position. In this situation, this case would be: a. binding b. persuasive c. distinguishable

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 1: Student Version

18. The Supreme Court of Canada decision in Vriend v Alberta is notable because in that decision: a. the court used the notwithstanding clause in the Charter to deny statutory benefits to the claimant b. the court used the Charter to strike down the definition of “spouse” in the Family Law Act c. the court used the Charter to strike down the denial of statutory severance pay to employees whose contracts have been frustrated because of illness or injury d. the court applied the Charter to “read in” to a human rights law a category of people that a provincial legislature had previously excluded 19. The Supreme Court of Canada set the test for determining whether a law that limits a Charter right was a reasonable limit in the following case: a. R v Oakes b. ONA v Mount Saint Vincent Hospital c. Belton v Liberty Insurance Co of Canada d. Ilaris Corporation v Gadzevych 20. Under the common law cases are decided by judges on the basis of precedent. Another term for precedent is: a. persuasive decisions b. distinguishable decisions c. stare decisis d. statute law 21. A dispute arises between two parties to a contract and the aggrieved party must decide how to initiate legal proceedings. Selecting the proper forum is important because: a. some tribunals are easier to deal with than others b. the courts are always busy and should be avoided whenever possible c. courts and tribunals are limited to making decisions about issues that fall within a specific jurisdiction d. legal action to seek resolution of a dispute must proceed in only one forum

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 1: Student Version

22. Tort law refers to: a. the body of law that deals with serious employee misconduct that warrants dismissal without notice b. a branch of civil law (non-criminal law) that covers wrongs and damages that one person or company causes to another, independent of any contractual relationship between them c. law that relates to private, non-criminal matters, involving contractual disputes; d. an area of civil law that governs agreements between people or companies to purchase or provide goods or services True or False 1. The employees of a company that is incorporated under the laws of Canada will be covered by federal employment legislation. 2. Governments that use the notwithstanding clause in the Canadian Charter of Rights and Freedoms must renew this declaration every five years or it will no longer be effective. 3. Applications for judicial review of the decisions of administrative tribunals are rarely successful. 4. In Canada, the federal and provincial governments appoint judges; they are not elected. 5. Statute law is the part of the law that has developed through the decisions of judges. 6. All employees who work in Alberta are covered by Alberta’s employment legislation. 7. In the case of Smith v Jones, Smith is the plaintiff (the person bringing the action against the other party) and Jones is the defendant. 8. Tort law applies only where there is already a contractual relationship between the two parties. 9. General requirements of law are contained in statutes, while more detailed, specific requirements are typically contained in the regulations. 10. Federally regulated companies are those that are incorporated under the laws of Canada rather than under a provincial law. 11. The BC Court of Appeal is the highest and final level of appeal for all disputes arising in BC. 12. Stare decisis is a common law principle that requires lower courts to follow legal decisions of higher courts where similar issues are involved. 13. A “respondent” is the party opposing an appeal of a previous decision. 14. Employees of a federally regulated employer who work in Nova Scotia will be covered by the employment laws of Nova Scotia. 15. All pieces of provincial legislation automatically come into force on the day that they receive royal assent. 16. The Canadian Charter of Rights and Freedoms is part of Canada’s Constitution.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 1: Student Version

17. Where there is a conflict between the common law and statute law, the common law governs. 18. A tort occurs whenever there is a breach of contract. 19. Private members’ bills rarely pass. 20. It is easier for a government to change a regulation than to change a statute. 21. All bills require royal assent before they can become a statute. 22. In employment law, administrative tribunals have primary jurisdiction over most matters.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 1: Instructor Version

Chapter 1: Answer Key Multiple Choice 1. C 2. B 3. D 4. A 5. B 6. B 7. A 8. B 9. D 10. C 11. A 12. B 13. A 14. B 15. B 16. A 17. B 18. D 19. A 20. C 21. C 22. B True or False 1. False 2. True 3. True 4. True 5. False

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 1: Instructor Version

6. False 7. True 8. False 9. True 10. False 11. False 12. True 13. True 14. False 15. False 16. True 17. False 18. False 19. True 20. True 21. True 22. True

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapters 2, 5: Student Version

Chapters 2 and 5: Common Law Issues and the Employment Contract Multiple Choice 1. The common law tort of “inducement,” “allurement,” or “enticement” refers to a situation where an employer: a. hires the employee without properly checking references b. breaches the employment contract before it begins c. attracts the job applicant from another job through aggressive recruiting or inflated promises 2. The restrictive clause that courts are least likely to enforce is: a. a non-competition clause b. a non-solicitation clause c. a non-disclosure clause d. an ownership of intellectual property clause 3. The rule of contra proferentem means that: a. ambiguous or unclear language in a contract will usually be interpreted against the party that drafted it b. ambiguous or unclear language in a contract will usually be interpreted in favour of the employee c. ambiguous or unclear language in a contract will make that provision unenforceable 4. A “severability clause” in a written employment contract means that: a. the terms of a severance agreement are set out in the contract b. if any part of the agreement is ruled invalid, the rest of the agreement remains enforceable c. the employment contract sets out all of the terms of the contract 5. If a written employment contract does not specify a probationary period, and a dispute arises, a court will find that under the common law: a. there is a probationary period of 3 months b. there is a probationary period of 6 months c. there is a probationary period of one year d. there is no probationary period

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapters 2, 5: Student Version

6. It is best to have a written employment contract signed: a. just after the employee starts work b. at the end of the employee’s probationary period c. before the employee starts work d. before the employee gets a chance to read it 7. In common law jurisdictions such as Alberta and British Columbia, the non-union employment relationship is viewed as being: a. based in statute b. based in contract c. based in tort 8. Which of the following is not true of a non-competition clause? a. it is a restrictive covenant b. it is difficult to enforce c. if broken, it might lead to a claim against the employee for breach of contract d. it protects an employer’s right to own the employee’s inventions 9. From a legal point of view, the practice of checking a job applicant’s references relates to: a. complying with requirements found in statute b. avoiding common law claims c. avoiding human rights claims 10. Which one of the following is correct with respect to background checks (e.g., police, reference, credit, education)? a. most types of background checks should be done after a conditional offer of employment is made b. all types of background checks should be done after a conditional offer of employment is made c. most types of background checks should be done immediately before a conditional offer of employment is made d. all types of background checks should be done immediately before a conditional offer of employment is made

Employment Law for Human Resource Practice, 7th Edition solution manual