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Exam 8: Employment Law

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Question 1

Multiple Choice

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A lawful strike may not occur

A) after all required third-party assistance has been attempted.
B) in certain jurisdictions before a first collective agreement has been negotiated.
C) when a collective agreement is not in effect.
D) unless it is limited to the premises of the employer.
E) b and d.

F) None of the above
G) A) and B)

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E

Question 2

True/False

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Federal human rights legislation prohibits a company from firing an employee because he or she committed the crime of manslaughter if the crime was not work related.

A) True
B) False

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Question 3

True/False

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The employees of a small factory have many complaints about their employer and their working conditions.They gather for a meeting to discuss possible pursuits to solve the problem.By vote,they decide to create a bargaining unit and join a union to represent their collective interests.The union representative contacts the employer to inform him of the employees' actions.The employer refuses to bargain in any fashion.He states that he does not recognize the union as the representative of his employees and will not proceed to bargain until the union is "certified." He does not have this right.

The Beer Workers Union was attempting to organize a small local brewery.Over the course of the organization drive the president of the brewery had frequently told employees that they would be better off without the union and that he would personally see to it that they all got pay raises if they did not vote for the union. The employees complained to the Labour Relations Board,which ordered the employer to stop discussion of union representation with the employees.Soon thereafter,the president sent a letter to each employee in which he mentioned the Board's order.He stated that the company would be pleased to work with the union if the employees felt it necessary,even in the wake of their upcoming pay increases. When the union again complained to the Board,the employer responded by saying that its intentions were innocent and had been done in this manner so as not to violate the order.Discuss the issues that will be raised by the parties in this case.Render a decision.

Nuvolari was employed by Simple Delivery as a truck driver.While engaged in the delivery of goods for a local merchant,Nuvolari was involved in a serious motor vehicle accident. -If the delivery that Nuvolari was making for the local merchant was in Nuvolari's spare time and not during his working hours for Simple Delivery,Simple Delivery would not be liable.

Amanda was employed full-time for five years as a sales clerk by Shop 'n' Save department store.Occasionally she was required to work on Friday evenings and Saturdays.Amanda,who had never had any strong religious beliefs,married the young son of a devout family.After her marriage,Amanda adopted her husband's religion,which prohibited her from working from sundown Friday to sundown Saturday.She then informed her employer that she would no longer be able to work during these times.The store manager advised her that Saturday work was a prerequisite for a full-time position and offered her a part-time position as an alternative.Amanda accepted the position,which reduced her hours and thus her salary by 30 percent.She subsequently filed a complaint with the Human Rights Commission.What arguments would be available to the parties involved in this dispute? Render a decision.

A group of employees who are employed in the plant of the Crosscut Lumber Company decided to form a union. -If a collective agreement is negotiated by the union and the employer,it will be binding on the employees as well.

Laws addressing the employment contract deal with matters including

Explain the nature of the relationship between senior employees and their employers.Use examples to clarify your answer.

A group of employees who are employed in the plant of the Crosscut Lumber Company decided to form a union. -Where the Labour Relations Board is in doubt as to the support for the union,but a large number of employees appear to be in favour of collective bargaining,the Board will usually hold a vote to determine the wishes of the employees.

It would constitute a breach of duty of fair representation for a union to weigh the cost of arbitrating a grievance with the likelihood of its success.

Describe the various laws that impose obligations on employers and govern employment relationships.

Employers can discipline and dismiss an employee who created a blog that defamed his or her employer only if the employee acted in an illegal manner.

Brown,at age 45,was hired as the general manager of the CountrySide Shipping Company by Carrothers,the company president.The initial contract of employment was for a three-year term,and was embodied in an exchange of letters between Brown and Carrothers in 1992.At the end of the three-year term,Brown continued on as general manager,receiving annual increases in salary,executive profit sharing,pension contributions,and discretionary bonuses,if business was exceptionally good in a given year.In January 2004,for no apparent reason,Carrothers called Brown into his office and told him his services were no longer required.Carrothers offered Brown a week's salary as "severance pay." At the time of termination,Brown was earning a salary of $70,000 per year,received company-paid pension contributions of $5,000 annually,and,in 2003 had received $3,000 from profits shared,and a $5,000 bonus. -If Brown wished to have his job back,rather than receive damages,he could ask the court for an award of specific performance.

After the company's delivery van broke down,Cynthia was sent by her employer,Printing Ltd. ,to deliver a rush order of printed forms to a customer in a neighbouring city.In order to do so,Cynthia rented a car in her own name and completed the delivery.On her way back Cynthia rear-ended another car,which was stalled at an intersection. -The Workers' Compensation Act provides compensation for employees injured during the course of their employment as well as the right to take legal action for damages.

Graham,aged 45 years,served as plant manager at a manufacturing firm for five years.His annual salary was $55,000.As a result of a corporate reorganization,Graham was given one month's notice of termination,which was considered by management to be the length of time necessary for an employee to find a similar-paying job. -In an action for wrongful dismissal,an employee's damages are calculated as the net loss actually incurred from the date of termination to the end of the reasonable notice period as it is determined.

Employees at Space-Age Industries staged a lawful strike after all attempts to reach a collective agreement had failed.The employees printed pamphlets stating that the nature of their dispute with Space-Age was inadequate wage increases and hours of work.Picket lines were set up at the entrance to the employer's premises and each person who came to the premises was stopped by the picketers and given a pamphlet. -A member may be expelled from a trade union on the grounds of breach of contract.

A group of employees who are employed in the plant of the Crosscut Lumber Company decided to form a union. -The employees must first establish a union,or invite an existing union to accept them as members before they may request the employer to bargain collectively.

After the company's delivery van broke down,Cynthia was sent by her employer,Printing Ltd. ,to deliver a rush order of printed forms to a customer in a neighbouring city.In order to do so,Cynthia rented a car in her own name and completed the delivery.On her way back Cynthia rear-ended another car,which was stalled at an intersection. -A formula of one-and-a-half weeks pay for each year of service,with a further one week's pay for each year of age over age 45 is reasonable severance pay,with respect to employment law,on termination due to plant closure for a 50-year-old person with 29 years service as a skilled machinist.

Notice of termination must be