Question 1

List the essential content that should be included in an employment contract.

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Question 2

A body that administers labour relations legislation and recognizes certification of a union as a bargaining agent for a group of employees is typically described as the industrial labour relations board.

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Question 3

List the general categories of benefits covered by most employment standards legislation.

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Question 4

Explain the distinction between an employee,a dependent contractor,and an independent contractor.

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Question 5

Intrusive searches of employees or their belongings are carefully scrutinized by the Canadian courts.

Accepted Answer

The Canadian courts have recognized privacy rights of employees and have established stringent requirements for employers to conduct intrusive searches of their employees or their belongings. Any such searches must be conducted based on reasonable grounds, in a reasonable manner, and the employer must inform the employee of the search and the reasons for it. Failure to meet these requirements may result in a violation of the employee's privacy rights and legal consequences for the employer.

Question 6

The Criminal Code provides that it is an offence to intercept a private communication,but the section does not apply to communications that are not private or to an interception that is consented to by one of the parties.

Accepted Answer

The statement accurately summarizes the provisions of the Criminal Code regarding interception of private communications.

Question 7

Explain why the distinction between an employee and an independent contractor is important.

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Question 8

A company is reviewing each step of its employee hiring process to ensure that it is avoiding discriminating practices.Identify and list the elements that the company should do to meet this goal with respect to this particular process.

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Question 9

Discuss the jurisdiction of both the federal and provincial governments to make laws that affect employees.

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Question 10

Pay equity involves provisions designed to ensure that female and male employees receive the same compensation for performing similar or substantially similar work.

Accepted Answer

Pay equity laws and policies aim to eliminate gender-based pay discrimination and ensure equal pay for equal work.

Question 11

Briefly describe the phases involved in an employer's hiring process,and indicate what legal issues may arise and their consequences.

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Question 12

Employers always have the right to impose random drug testing programs in the workplace.

Accepted Answer

Employers' ability to impose random drug testing is subject to legal restrictions and varies by jurisdiction, industry, and specific employment contracts.

Question 13

Define harassment and list the various forms that such conduct may take.

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Question 14

Describe the test set out in the Supreme Court of Canada's decision in Meiorin that must be met by an employer to justify the standard or qualification for a BFOR.

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Question 15

Once the parties have entered into the collective bargaining process,each is bound by a duty of good faith to make substantive efforts to negotiate a collective agreement that provides for grievance and arbitration procedures for resolving disputes as opposed to strikes by employees and lockouts by employers.

Accepted Answer

This statement is true as both parties are expected to negotiate in good faith to reach a collective agreement that includes grievance and arbitration procedures instead of resorting to strikes or lockouts.

Question 16

What factors might a court consider when deciding if accommodation would pose an undue hardship upon an employer?

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Quiz 20: The Employment Relationship