Employment Law for Business and Human Resources Professionals - Alberta and BC (PDF)

**Chapter 1: Overview of Legal Framework** ------------------------------------------ **Multiple Choice** =================== 1. a. a book store b. a mining company c. a bank d. a hair styling salon 2. The "common law" refers to law that is: e. passed by a legislature...

**Chapter 1: Overview of Legal Framework** ------------------------------------------ **Multiple Choice** =================== 1. a. a book store b. a mining company c. a bank d. a hair styling salon 2. The "common law" refers to law that is: e. passed by a legislature f. made by judges g. common to both private and public sector employees 3. To become a statute, a provincial bill must: h. pass two readings in the provincial legislature i. pass three readings in the provincial legislature j. pass a vote in the Senate k. receive royal assent 4. The *Canadian Charter of Rights and Freedoms* applies: l. only where there is some element of government action or conduct m. whenever someone's rights to equality have been infringed n. to federally regulated employees only o. to individuals between the ages of 18 and 64 only 5. Most employment statutes in Alberta and British Columbia are interpreted and enforced by: p. Small Claims Courts q. specialized tribunals and boards r. Superior Courts 6. A bill in the provincial legislature goes to committee after: s. first reading t. second reading u. third reading v. receiving royal assent 7. "Statute law" refers to: w. law passed by a legislative body x. law made by judges y. law based on the Napoleonic Code z. law that covers employed citizens only 8. In common law, the non-union employment relationship is viewed as being: a. based in statute law b. based in contract law c. based in tort law 9. d. a judge in Calgary e. an HR analyst at Bell Canada in Vancouver f. a bank teller at an ATB branch in Edmonton g. a unionized construction worker in Kelowna 10. The *Canadian* *Charter of Rights and Freedoms* can be used to strike down employment laws that are found to contravene its requirements because: h. it forms part of Canada's Constitution i. it was written in 1867 and so takes precedence over later laws j. it outlines the legislative authority of Parliament and the provincial legislatures k. it protects individual rights 11. The "notwithstanding clause" in the *Canadian* *Charter of Rights and Freedoms* allows the federal or provincial governments to enact legislation that infringes the Charter if: l. the government expressly declares that the law will operate notwithstanding the Charter m. the law in question applies only to government employees n. the law in question will expire in five years or less 12. If you work in a grocery store in Lethbridge, Alberta, you are covered by: o. federal employment laws p. Alberta employment laws q. Lethbridge employment laws 13. A privative clause: r. attempts to limit the parties' ability to have a decision of an administrative tribunal reviewed by the courts s. entirely displaces the jurisdiction of the courts t. attempts to protect the privacy of the parties to a legal action 14. Section 15 of the *Canadian Charter of Rights and Freedoms* guarantees people in Canada: u. freedom of religion v. equality rights w. freedom of association x. freedom from arbitrary detention 15. Whether your workplace is covered by provincial or federal employment laws depends on: y. the number of employees in the organization z. whether the employer operates in more than one province or territory a. the jurisdiction in which the employer is incorporated b. the industry sector (e.g., mining, health, manufacturing) in which the employer operates 16. Which one of the following originates with the provincial legislature? c. statute law d. regulations e. common law f. the *Canadian Charter of Rights and Freedoms* 17. A judge in British Columbia is hearing a dispute over an employment contract. The lawyer representing the plaintiff points to a case from Alberta that covers exactly the same issue and supports her client's position. In this situation, this case would be: g. binding h. persuasive i. distinguishable 18. The Supreme Court of Canada decision in *Vriend v Alberta* is notable because in that decision: j. the court used the notwithstanding clause in the Charter to deny statutory benefits to the claimant k. the court used the Charter to strike down the definition of "spouse" in the *Family Law Act* l. the court used the Charter to strike down the denial of statutory severance pay to employees whose contracts have been frustrated because of illness or injury m. the court applied the Charter to "read in" to a human rights law a category of people that a provincial legislature had previously excluded 19. n. *R v Oakes* o. *ONA v Mount Saint Vincent Hospital* p. *Belton v Liberty Insurance Co of Canada* q. *Ilaris Corporation v Gadzevych* 20. r. persuasive decisions s. distinguishable decisions t. stare decisis u. statute law 21. v. some tribunals are easier to deal with than others w. the courts are always busy and should be avoided whenever possible x. courts and tribunals are limited to making decisions about issues that fall within a specific jurisdiction y. legal action to seek resolution of a dispute must proceed in only one forum 22. z. the body of law that deals with serious employee misconduct that warrants dismissal without notice a. a branch of civil law (non-criminal law) that covers wrongs and damages that one person or company causes to another, independent of any contractual relationship between them b. law that relates to private, non-criminal matters, involving contractual disputes; c. an area of civil law that governs agreements between people or companies to purchase or provide goods or services ### **True or False** 1\. The employees of a company that is incorporated under the laws of Canada will be covered by federal employment legislation. 2\. Governments that use the notwithstanding clause in the *Canadian* *Charter of Rights and Freedoms* must renew this declaration every five years or it will no longer be effective. 3\. Applications for judicial review of the decisions of administrative tribunals are rarely successful. 4\. In Canada, the federal and provincial governments appoint judges; they are not elected. 5\. Statute law is the part of the law that has developed through the decisions of judges. 6\. All employees who work in Alberta are covered by Alberta's employment legislation. 7\. In the case of *Smith v Jones,* Smith is the plaintiff (the person bringing the action against the other party) and Jones is the defendant. 8\. Tort law applies only where there is already a contractual relationship between the two parties. 9\. General requirements of law are contained in statutes, while more detailed, specific requirements are typically contained in the regulations. 10\. Federally regulated companies are those that are incorporated under the laws of Canada rather than under a provincial law. 11\. The BC Court of Appeal is the highest and final level of appeal for all disputes arising in BC. 12\. *Stare decisis* is a common law principle that requires lower courts to follow legal decisions of higher courts where similar issues are involved. 13\. A "respondent" is the party opposing an appeal of a previous decision. 14\. Employees of a federally regulated employer who work in Nova Scotia will be covered by the employment laws of Nova Scotia. 15\. All pieces of provincial legislation automatically come into force on the day that they receive royal assent. 16\. The *Canadian Charter of Rights and Freedoms* is part of Canada's Constitution. 17\. Where there is a conflict between the common law and statute law, the common law governs. 18\. A tort occurs whenever there is a breach of contract. 19\. Private members' bills rarely pass. 20. It is easier for a government to change a regulation than to change a statute. ================================================================================== 21. All bills require royal assent before they can become a statute. ==================================================================== 22. In employment law, administrative tribunals have primary jurisdiction over most matters. ============================================================================================ **Chapter 1: Answer Key** ========================= **Multiple Choice** =================== 1. C 2. B 3. D 4. A 5. B 6. B 7. A 8. B 9. D 10. C 11. A 12. B 13. A 14. B 15. B 16. A 17. B 18. D 19. A 20. C 21. C 22. B **True or False** 1. False 2. True 3. True 4. True 5. False 6. False 7. True 8. False 9. True 10. False 11. False 12. True 13. True 14. False 15. False 16. True 17. False 18. False 19. True 20. True 21. True 22. True