Employment Law for Business and Human Resources Professionals Alberta and British Columbia 4th Edition By Williams-Whitt, Adam Letourneau, TJ Schmaltz, Ryan Anderson, Kathryn J. Filsinger
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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 1: Instructor Version
Chapter 1: Overview of Legal Framework Multiple Choice 1. Which one of the following employers is covered by the Canada Labour Code? 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: a. passed by a legislature b. made by judges c. common to both private and public sector employees 3. To become a statute, a provincial bill must: a. pass two readings in the provincial legislature b. pass three readings in the provincial legislature c. pass a vote in the Senate d. receive royal assent 4. The Canadian Charter of Rights and Freedoms applies: a. only where there is some element of government action or conduct b. whenever someone’s rights to equality have been infringed c. to federally regulated employees only d. to individuals between the ages of 18 and 64 only 5. Most employment statutes in Alberta and British Columbia are interpreted and enforced by: a. Small Claims Courts b. specialized tribunals and boards c. Superior Courts 6. A bill in the provincial legislature goes to committee after: a. first reading b. second reading c. third reading d. receiving royal assent
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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 1: Instructor Version
7. “Statute law” refers to: a. law passed by a legislative body b. law made by judges c. law based on the Napoleonic Code d. 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. Which of the following people are covered by some or all of the standards in the employment standards legislation in Alberta or British Columbia? a. a judge in Calgary b. an HR analyst at Bell Canada in Vancouver c. a bank teller at an ATB branch in Edmonton d. 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: a. it forms part of Canada’s Constitution b. it was written in 1867 and so takes precedence over later laws c. it outlines the legislative authority of Parliament and the provincial legislatures d. 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: a. the government expressly declares that the law will operate notwithstanding the Charter b. the law in question applies only to government employees c. 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: a. federal employment laws b. Alberta employment laws c. Lethbridge employment laws
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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 1: Instructor Version
13. A privative clause: a. attempts to limit the parties’ ability to have a decision of an administrative tribunal reviewed by the courts b. entirely displaces the jurisdiction of the courts c. 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: a. freedom of religion b. equality rights c. freedom of association d. freedom from arbitrary detention 15. Whether your workplace is covered by provincial or federal employment laws depends on: a. the number of employees in the organization b. whether the employer operates in more than one province or territory c. the jurisdiction in which the employer is incorporated d. the industry sector (e.g., mining, health, manufacturing) in which the employer operates 16. Which one of the following originates with the provincial legislature? a. statute law b. regulations c. common law d. 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: a. binding b. persuasive c. distinguishable
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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 1: Instructor Version
18. The Supreme Court of Canada decision in Vriend v Alberta is notable because in that decision: a. the court used the notwithstanding clause in the Charter to deny statutory benefits to the claimant b. the court used the Charter to strike down the definition of “spouse” in the Family Law Act c. 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 d. 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. The Supreme Court of Canada set the test for determining whether a law that limits a Charter right was a reasonable limit in the following case: a. R v Oakes b. ONA v Mount Saint Vincent Hospital c. Belton v Liberty Insurance Co of Canada d. Ilaris Corporation v Gadzevych 20. Under the common law cases are decided by judges on the basis of precedent. Another term for precedent is: a. persuasive decisions b. distinguishable decisions c. stare decisis d. statute law 21. A dispute arises between two parties to a contract and the aggrieved party must decide how to initiate legal proceedings. Selecting the proper forum is important because: a. some tribunals are easier to deal with than others b. the courts are always busy and should be avoided whenever possible c. courts and tribunals are limited to making decisions about issues that fall within a specific jurisdiction d. legal action to seek resolution of a dispute must proceed in only one forum
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