Employment Law Quiz

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Questions and Answers

What does the Employment Equity Act focus on in relation to the workplace?

Establishing union representation requirements

Regulating workplace safety standards

Setting guidelines for employee performance management

Ensuring equity in the provincially regulated workplace (correct)

Which issue is typically addressed by arbitrators under collective agreements?

Minimum wage determination

Workplace drug testing policies (correct)

Health and safety regulations

Employee recruitment strategies

What is an example of a unique requirement for unionized workplaces?

Provisions for unpaid leave policies

Mandatory health insurance for all employees

Union's duty to support accommodation measures under human rights legislation (correct)

Employer obligations for workplace training

Which of the following factors affects the enforceability of an employment contract?

Inequality of bargaining power Signup and view all the answers

What are the three necessary elements to create a binding employment contract under common law?

Offer, acceptance, and consideration Signup and view all the answers

What is a primary reason courts view non-competition clauses as presumptively invalid?

They can prevent employees from working in certain areas for a fixed time. Signup and view all the answers

Which of the following statements is true about oral and written employment contracts?

Oral contracts are just as binding as written ones if properly formed. Signup and view all the answers

What is a key advantage of having a written employment contract?

It provides a clear reference for terms and conditions Signup and view all the answers

Which legal implications are related to common law in the employment context?

Vicarious liability and contractual amendments Signup and view all the answers

What is the primary advantage of having a written employment contract?

It reduces the risk of misunderstandings. Signup and view all the answers

Which of the following must an employer demonstrate to validate a non-competition clause?

It protects the employer's legitimate business interests. Signup and view all the answers

In the context of employment contracts, what does 'consideration' refer to?

Something of value exchanged, such as wages for work performed. Signup and view all the answers

Which court case affirmed that injunctions should not be unnecessarily broad?

Phoenix Restorations Ltd v Drisdelle Signup and view all the answers

Which chapter addresses the evolution of law related to employee privacy?

Chapter 10 Signup and view all the answers

What is essential for contractual terms in an employment contract?

They must be clearly drafted Signup and view all the answers

What does 'meeting of the minds' signify in contract law?

A clear understanding and acceptance of the contract terms by both parties. Signup and view all the answers

What is the maximum duration for a likely enforceable non-competition clause in rapidly changing industries?

12 months Signup and view all the answers

What can negatively impact the validity of an employment contract?

Lack of written documentation. Signup and view all the answers

What is the key requirement for creating enforceable restrictive covenants?

Being clear and necessary. Signup and view all the answers

What threshold must Quick Pass Master Tutorial School Ltd prove regarding its Confidential Information Clause?

It is not frivolous or vexatious. Signup and view all the answers

Why is it important to specify the rights and obligations in a written employment contract?

To avoid disputes and ensure clarity. Signup and view all the answers

When may an employer request an interim injunction?

When there is a breach of confidentiality or non-solicitation agreement. Signup and view all the answers

What does a well-drafted written employment contract reflect?

A mutual understanding of terms and conditions. Signup and view all the answers

Which of the following describes a non-solicitation clause?

A clause that restricts contacting former clients. Signup and view all the answers

What must an employer provide to enforce new terms added to an existing employment contract?

Fresh consideration Signup and view all the answers

In the case of Francis v Canadian Imperial Bank of Commerce, why was the employee entitled to 12 months of common law notice?

There was no new consideration for the notice clause Signup and view all the answers

What can constitute constructive dismissal under employment law?

Adding duties without fresh consideration Signup and view all the answers

How can an employer facilitate changes to an employment contract without requiring fresh consideration?

By including clauses about changes in the original contract Signup and view all the answers

What is a requirement for a document incorporated into an employment contract?

The employer must notify employees of changes Signup and view all the answers

What is the general outcome if an employer adds terms to a contract without addressing fresh consideration?

The terms are typically unenforceable Signup and view all the answers

What does the term 'fresh consideration' refer to in the context of employment contracts?

Something of value exchanged for the new terms Signup and view all the answers

What was the main reason the instructor in Mejia v LaSalle College International Vancouver Inc won his case?

His contract did not include photography as part of his duties. Signup and view all the answers

Which of the following practices could lead to the addition of unenforceable terms in an employment contract?

Unilaterally changing job responsibilities Signup and view all the answers

What does a choice-of-law clause in a contract specify?

The governing laws of the jurisdiction for the contract. Signup and view all the answers

In the Mejia case, what factor was unclear regarding the photograph taken by the instructor?

Whether the photograph was taken during actual class time. Signup and view all the answers

Why might jurisdiction be disputed in employment contracts?

They involve parties from different locations. Signup and view all the answers

What is the significance of the Court Jurisdiction and Proceedings Transfer Act in BC?

It codifies principles related to choice of law. Signup and view all the answers

What outcome did the instructor receive in the Mejia case?

He received damages, but only a small amount. Signup and view all the answers

Which of the following best describes the instructor's duties as per his contract in Mejia v LaSalle College?

To teach computer design and photography. Signup and view all the answers

What can be inferred about intellectual property created at work from the Mejia case?

Only creations made during assigned duties are owned by the employer. Signup and view all the answers

What is a potential legal risk when employers change terms after employment has begun?

Constructive dismissal claims Signup and view all the answers

Which case exemplifies the application of the Watson decision regarding new terms imposed on employees?

Skana Forest Products Ltd v Lazauskas Signup and view all the answers

What does 'unconscionable' refer to in the context of employment contracts?

Terms that are unreasonably one-sided Signup and view all the answers

When can written employment contracts be challenged based on inequality of bargaining power?

When the employee is under duress Signup and view all the answers

According to the BC Court of Appeal, what must be shown to demonstrate inequality of bargaining position?

The transaction must diverge from community standards of commercial morality Signup and view all the answers

What does drawing attention to a key term in a contract potentially affect?

The enforceability of the entire contract Signup and view all the answers

What factor does NOT lead to the enforcement of an employment contract despite apparent bargaining power inequality?

Undue pressure applied during negotiations Signup and view all the answers

Which situation is an example of a potential challenge to an employment contract?

The employee has limited education and does not understand the terms Signup and view all the answers

Study Notes

Legal Issues in Hiring and Employment

Parties to an employment relationship have legal obligations throughout the process
The employment relationship's core is the contractual agreement between the employer and employee
Chapter 5 examines individual employment contracts and associated common law issues
Employment-related statues apply to unionized and non-union employees alike
Statutes control many workplace rights and obligations, including employment standards, human rights, occupational health and safety, and privacy
British Columbia statutes include the Employment Standards Act, the Human Rights Code, the Occupational Health and Safety Regulation and the Workers' Compensation Act, among others
Alberta legislation includes the Employment Standards Act, the Human Rights Act, among others
Statutory requirements cannot be negotiated out of
Two federal statutes are examined including the Employment Equity Act and the Personal Information Protection and Electronic Documents Act
Common law issues, such as contractual amendments, performance management, discipline and vicarious liability are discussed in Chapter 11

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Description

Test your knowledge on key aspects of employment law, including the Employment Equity Act, collective agreements, and employment contracts. This quiz covers essential legal concepts, implications, and common practices in workplaces. Perfect for students and professionals looking to enhance their understanding of employment law.