The process of negotiating terms of employment

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Reference no: EM133492326

Question 1

Cooling-off period refers to a time during which the employer cannot declare a lockout nor can the union begin a strike.

True

False

Question 2

____________ refers to "money to compensate for quantifiable injuries."

Punitive damages

General damages

Special damages

None of the above

Question 3

__________ refers to blameworthy or culpable conduct.

Fault

Strict liability

Vicarious liability

None of the above

Question 4

The process of negotiating terms of employment with a group of employees rather than individually is known as:

Collective Bargaining

Occupational Health

Employment Insurance

None of the above

Question 5

What is a tort?

a criminal act

a civil wrong

a set of laws

none of the above

Question 6

__________ may be dishonest or criminal behavior associated with employment, such as embezzlement or fraud, or related to conduct outside of employment.

Disobedience

Misconduct

Incompetence

None of the above

Question 7

Mitigation in the wrongful dismissal context means ______________.

retraining the employee

finding another job

not paying the salary

None of the above

Question 8

One of the oldest intentional torts is trespass.

True

False

Question 9

Sometimes the discriminatory treatment does not come from the employer but from co-workers. This situation refers to

Constructive discrimination

Hostile workplace

Employment equity

None of the above

Question 10

A ____________ is a disagreement between unions competing for the right to represent a group of employees.

recognition dispute

interest dispute

rights dispute

jurisdictional dispute

Question 11

Employers are liable to third parties for damages arising from any tort an employee may commit in the course of employment.

True

False

Question 12

If the employer terminates the contract before the expressed end date, the employee is not entitled to be paid out to the end of the term.

True

False

Question 13

Which of these is not one of the factors of Bardal Factors?

experience of employee

Character of employment

Gender of employee

Age of employee

Question 14

When an employer hires an employee for a fixed term, no notice of termination is necessary on the part of either party.

True

False

Question 15

_____________ is a difference of opinion between employer and union on the interpretation or application of terms in a collective agreement already in existence.

Recognition dispute

Interest dispute

Rights dispute

Jurisdictional dispute

Question 16

Words spoken in parliamentary debate, in proceedings in law courts and inquests, and before royal commissions are subject to qualified privilege.

True

False

Question 17

Just cause of dismissal exists if the behavior:

violates an essential term of the employment contract

breaches the faith inherent in the relationship

fundamentally or directly conflicts with the employee's obligations to the employer

All of the above

Question 18

The essence of a __________ is the unlawful touching of a person without consent.

Battery

Nuissance

Defamation

None of the above

Question 19

In defamation cases, the courts will not award damages unless the plaintiff can demonstrate that the defendant's remarks, taken as a whole, would discredit the plaintiff's reputation in the mind of an ordinary person.

True

False

Question 20

A patient is brought to a hospital maintained by B. The patient is to be operated upon. If as a result of faulty oxygen supply machine, the patient dies on the operation table, then:

B would not be liable because the surgeon was negligent

B would not be liable because there is no master and servant relationship between B and the surgeon.

B would be liable because hospital staff were negligent in keeping the hospital equipment in proper order

B would not be vicariously liable because surgery is a highly skilled work on which B would have no control Business Managem

Reference no: EM133492326

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