Complete Test Bank for Canadian Labour Relations, Law, Policy, and Practice, 2nd Edition by David J. Doorey, Alison Braley-Rattai ; ISBN13: 9781772556216. (Chapters included Chapter 1 to 17)....1. Canadian Law of Work in a Nutshell 2. A Framework for Analyzing the Law of Work 3. Key Perspectives Th...
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Chapter 1: Canadian Work Law in a Nutshell
Multiple Choice
1. What are the three regimes of work law discussed in this chapter? (p. 4)
a. The common law regime, the regulatory regime, and the collective bargaining regime
b. The court system regime, administrative tribunals regime, and collective bargaining regime
K
c. The employment contracts regime, commercial contracts regime, and the collective
bargaining regime
d. The law of contracts regime, the law of torts regime, and the common law regime
2.
E
Why is the “master and servant” regime considered a “status-based” regime? (p. 5)
a. Because workers could leave these jobs at will without facing any penalties
E
b. Because workers enjoyed a certain level of respect for the work they did
c. Because workers had more rights than workers do today
G
d. Because workers were subservient to the people for whom they worked
3. To what does the “common law of employment contracts” refer? (p. 7)
a. The collection of all collective agreements submitted to the various provincial labour boards
D
b. The collection of all written employment contracts in Canada
c. The collection of all written judicial decisions regarding employment contract disputes
4. What does the term “binding precedent” mean? (p. 7)
E
a. Lower courts must decide similar cases in the same way as any other court in any
jurisdiction, only if they agree with the decision
M
b. Lower courts must decide similar cases in the same way as higher courts in any jurisdiction
c. Lower courts must decide similar cases in the same way as higher courts in the
same jurisdiction, whether they agree with the decision or not
d. Lower courts must decide similar cases in the same way as other lower courts in the same
jurisdiction
5. What is a “tort”? (p. 7)
a. An act that constitutes a breach of a specific term of employment
b. An act that violates an employment statute
c. A wrongful act committed by one party resulting in harm to another
d. A wrongful act committed by one party whether or not it results in harm to another
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6. For which of the following reasons have courts decided that employment contracts are
distinguishable from commercial contracts? (p. 9)
a. Unlike employment contracts commercial contracts are generally not characterized by
aninequality of bargaining power
b. Unlike employment contracts commercial contracts are generally not in written form
c. Unlike employment contracts commercial contracts are not highly regulated
d. Unlike employment contracts commercial contracts have little effect on the overall economy
7. What main reason does the author identify for why governments intervened in ‘freedom of
K
contract’ by creating employment standards legislation? (p. 10)
a. Because employers often did not exercise their superior bargaining power in a
wayacceptable to society
E
b. Because employees were too willing to bounce from job to job creating uncertainty for
employers and the economyE
c. Because governments realized they could raise more tax dollars if people had stable
employment
d. Because employers were taking advantage of their employees
G
8. What are “administrative tribunals”? (p. 11)
a. “Administrative tribunals” is simply another term for “court of law”
wholly dissimilar, to the courts
D
b. They are created by statute to offer an alternative system, though one not
c. They are created by statute to review the decisions of courts
E
9. Which of the following does the author claim is the main purpose of the collective bargaining
regime? (p. 12)
a. To create incentives for workers to work as efficiently as possible
b. To create penalties when unions do something illegal
c. To introduce certainty and stability into the employment relationship
M
d. To produce a countervailing force that could help equalize bargaining power
betweenemployers and workers
10. What has been the Canadian government’s position regarding collective bargaining? (p. 12)
a. It has been consistently hostile since the inception of collective bargaining in the mid-1940s
b. It has been consistently supportive since the inception of collective bargaining in the mid-
1940s
c. It has been alternatively supportive and hostile since the inception of collective
bargainingin the mid-1940s, depending upon the particular government in power
2
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Short Answer
1. Identify and briefly explain the two branches of the common law of employment. (pp. 5-8)
The first branch of the common law of employment is the law of contracts. This is the branch of
the law which allows parties to sue each other in court for violations of the terms of a contract
negotiated between the parties. The second branch of the common law of employment is the law
of torts. This is the branch of the law which allows for a remedy (in the form of monetary
damages) due to the harmful actions of another, even though such actions do not violate a
contractual term or employment statute.
2. Identify the branch of law or regime from which the common law of employment evolved. Was that
K
regime characterized by freedom of contract? Explain. (p. 5)
The branch of law that existed prior to the common law of employment is known as the master
E
and servant regime. The master and servant regime is characterized by a lack of freedom of
contract. For e.g., leaving the employ of a master to whom one was “contracted” often meant
imprisonment.
E
3. What is the main reason for which lower courts often follow previous judicial decisions even when
those decisions are not strictly binding upon them? (p. 7)
The main reason for which lower courts follow decisions that are not binding upon them is to
G
provide predictability within the judicial system.
4. Identify and explain the two ways in which judges can remedy a tort. (p. 9)
The first way that a judge can remedy a tort is by ordering monetary damages. Monetary
D
damages consist in the payment of money to the party that was harmed by the party that has
committed the harmful action. The second way a judge can remedy a tort is by ordering an
injunction. An injunction is a judicial order to refrain from committing the tortious act. In the
context of employment, this usually involves injunctions against picketing.
Essay Questions
E
M
1. “Freedom of contract” is thought to ensure “elementary respect for the dignity, autonomy and
equality of citizens.” And, moreover, that “the parties are likely to have the best information about
where their interests lie, and therefore they should be permitted to forge a compromise between their
competing interests without interference by a paternalistic state.” Why do you think that somebelieve
that “freedom of contract” is best able to protect the worker’s dignity and autonomy and to what
extent to you think that that is correct?
2. The collective bargaining regime has been a means to increase the bargaining power of workers by
creating a framework that empowers workers to negotiate better terms through collective action,
usually with the possibility of using the economic weapon of the strike to increase that bargaining
power. By contrast, employment standards legislation is meant to create substantive terms that all
employers must abide by law. With the above in mind, ought the state to increase its support of the
collective bargaining regime or ought it to increase the substantive terms of all employment
contracts? Should it do both, or neither?
3
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Chapter 2: A Framework for Analyzing the Law of Work
Multiple Choice
1. To what does the term “efficient breach” refer? (p. 18)
a. The term refers to a violation of employment standards law that occurs because it
makes ‘good business sense’ to commit the infraction
b. The term refers to a violation of employment standards law that occurs because the
employee is unaware of the violation and thus cannot have it remedied
K
c. The term refers to a violation of employment standards law that occurs inadvertently as a
result of the employer not knowing the law
d. The term refers to a violation of employment standards law that results in an employee’s
E
termination
2. What does the author mean by the term “workplace norms”? (p. 22)
E
a. The total sum of all regulatory standards and common law rules that apply to the workplace
b. The written workplace policies of any company, which are included as part of all
employment contracts G
c. Unwritten rules about how people can expect to act and be treated in the workplace.
3. Which of the following make up the two streams or types of rule-making processes in the collective
bargaining regime? (p. 23) D
a. The broader legal subsystem and the regulatory process
b. The legislative process and the collective bargaining process
E
c. The legislative process and workplace norms
d. Workplace norms and the collective bargaining process
4. To what does the term “spillover effect” refer? (p. 25) M
a. The effect of strike activity upon the national economy
b. The effect of unions upon the economy owing to unionized workers’ greater purchasing
power
c. The effect that economic considerations have on the ability to organize a union
d. The effect that wages negotiated within the collective bargaining regime have on
the wages of non-unionized employees
5. What is meant by the term “union avoidance”? (p. 26)
a. A strategy employed by management to reduce the risk that employees will form a union
b. A strategy employed by workers during a union organizing campaign to convince other
workers to vote “no”
c. A term for the management’s illegal promise to provide an employee with a benefit, if he or
she agrees not to report a violation of workplace rules to the union
4
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