IDRL 320 UNIT 1- 5 EXAM |
TEST QUESTIONS WITH VERIFIED ACCURATE
ANSWERS
What are the three work law regimes? - Answers -Common law: Concerned with
contract law + Torts
Regulatory: Acts that protect vulnerable workers. Other acts may also influence work
law relating to immigration, privacy and pension.
Collective bargaining: administration of union in workplace, industrial conflict, the terms
of the CA, and addressing power imbalance.
What are the two types of common law relevant to work law? - Answers -Contract law,
addressing violations, interpretation or administration of implied and expressed terms of
contract in the employment relationship.
Tort law provides a harmed party a way to sue for the wrongful action when it does not
violate a contract or statute. When discussing work law, this is regarding labor disputes,
strike/picketing action, misrepresentation by both parties.
What is the difference between employment and self-employment, and what are the
tests the law applies to determine each? - Answers -Self-employment: Freelancers,
independent contractors, owns own organization. Assumed to not need protection in the
way employees are afforded through employment law.
Employment: When an individual enters a contract which provides remuneration for
work provided. Works for someone else.
The law uses a score card method to determine if individual is an employee or self
employed/independent contractor.
Why is the employment contract characterized by a power imbalance? How does this
affect the law of work? - Answers -Due to different levels of dependence, subordination
and unequal levels of bargaining powers afforded through market mechanisms and the
law. Heavily influenced by M/S laws. Labor needs income from the employer more than
the employer needs that individual worker. Depending on the economy, it may be quite
difficult for an employee to walk away if they are not happy with the terms of
employment. Employers are able to unilaterally fix terms of employment.
Why might someone violate work law? - Answers -Efficient breach, ignorance, societal
norms.
,What are the main perspectives that shape the law of work? - Answers -Neoliberal,
critical reformist, industrial pluralist, managerialist, radical.
What is the internal + external feedback loop comprised of? - Answers -Internal:
Regulatory, CB + CL regimes
External subsystems: Political, market/economic, broader legal system,
societal/cultural/religious, ecological
What is the master and servant law, and why is it important to work law today? -
Answers -British structure of law that regulated employment relationship, predated
common law of employment. Provided rights + obligations based on social status.
Regulated competition between employers. Restricted workers movement from one job
to another. Subordination. Unequal consequences for breaches.
Common law displaced M/S laws however the influence from M/S laws were and are
still quite apparent in work law to date.
What are the origins of Canadian common law of employment contracts? - Answers -
Originally Canada used 19th century British Law until the second industrial revolution,
increase in white collar jobs + shift away from agricultural to waged work (finance,
manufacturing) increased appearances in court for common law concerns which then
helped Canada establish its own set of law.
What, in your opinion, do early common law cases say about how the courts perceived
workers and the employment relationship? - Answers -The employment relationship
viewed workers as a commodity and not an exchange of services between equals.
Workers were to be subordinate to employers regarding all issues. The power
imbalance was accepted and perpetuated by lack of intervention and protection.
Why were governments so reluctant to regulate minimum wage, hours of work,
workplace safety, and other aspects of the employment relationship? - Answers -The
government relied on market mechanisms to regulated the employment relationship.
Assumed that employers would realise it was in their benefit to treat their workers fairly.
Wanted to protect the economic interests of employers and the state. It was a large
move away from the voluntary approach.
Unit 2
What constitutes misrepresentation in the recruitment and hiring process? - Answers -
Tort of deceit and/or contract law of Misrepresentation is when one party presenting or
omitting information that misleads the other party, the other party relied on this
information which resulted in damages.
Fraud = Intent
, Negligence = No intent required but duty of care
Tort of Fraudulent/deceit misrepresentation by prospective employer.
Tort of negligent misrepresentation by prospective employer. (ex Queen v Cognos)
Tort of fraud/negligent misrepresentation by job applicant.
What are the necessary elements of an employment contract? - Answers -Capacity to
enter a contract: To protect those who lack the capacity to understand the implications
of the contract (minors, mentally impaired)
Intention to create a legally enforceable contract: Courts apply Objective test (What
would a person of reasonable intelligence assume given the facts?) and Subjective test
(What was the individual thinking at the time the contract was made?)
3 elements: Offer, acceptance and mutual consideration
What is required to modify an employment contract? - Answers -Fresh considerations
and acceptance. If the worker refuses, the employer may be able to provide notice and
once that notice is done, present employee with new contract with new term in there
and if employee wants to continue employment, they are to sign.
Why is discrimination based on race or gender permitted under common law? -
Answers -Common law is heavily influenced by the "Freedom of contract" which means
that capable parties are able to reasonably determine terms of a contract and the law
should have minimal regulation in who can hire who. Judges have taken and held this
position historically. This inaction has allowed discrimination to continue under common
law.
What are examples of restrictive covenant clauses? - Answers -non-solicitation: Former
employee is prohibited from attempting to entice customers of former employer to stop
doing business with former employer and do business with them instead.
Non-Disclosure: Prohibited from sharing confidential information that has proprietary
value to the former employer
Non-Compete: Prohibited from entering a competing business with former employer
What is required of a restrictive covenant clauses? - Answers -Must be to protect
something of value, must be reasonable in scope (time, location restriction), must be
clear and understandable, must be necessary to protect the interest of the former
employer and no other, less restrictive option would be effective.
What methods do judges use to imply contract terms? - Answers -Implied terms in fact:
A judge will read a term into a contract with consideration to past practices, and the
TEST QUESTIONS WITH VERIFIED ACCURATE
ANSWERS
What are the three work law regimes? - Answers -Common law: Concerned with
contract law + Torts
Regulatory: Acts that protect vulnerable workers. Other acts may also influence work
law relating to immigration, privacy and pension.
Collective bargaining: administration of union in workplace, industrial conflict, the terms
of the CA, and addressing power imbalance.
What are the two types of common law relevant to work law? - Answers -Contract law,
addressing violations, interpretation or administration of implied and expressed terms of
contract in the employment relationship.
Tort law provides a harmed party a way to sue for the wrongful action when it does not
violate a contract or statute. When discussing work law, this is regarding labor disputes,
strike/picketing action, misrepresentation by both parties.
What is the difference between employment and self-employment, and what are the
tests the law applies to determine each? - Answers -Self-employment: Freelancers,
independent contractors, owns own organization. Assumed to not need protection in the
way employees are afforded through employment law.
Employment: When an individual enters a contract which provides remuneration for
work provided. Works for someone else.
The law uses a score card method to determine if individual is an employee or self
employed/independent contractor.
Why is the employment contract characterized by a power imbalance? How does this
affect the law of work? - Answers -Due to different levels of dependence, subordination
and unequal levels of bargaining powers afforded through market mechanisms and the
law. Heavily influenced by M/S laws. Labor needs income from the employer more than
the employer needs that individual worker. Depending on the economy, it may be quite
difficult for an employee to walk away if they are not happy with the terms of
employment. Employers are able to unilaterally fix terms of employment.
Why might someone violate work law? - Answers -Efficient breach, ignorance, societal
norms.
,What are the main perspectives that shape the law of work? - Answers -Neoliberal,
critical reformist, industrial pluralist, managerialist, radical.
What is the internal + external feedback loop comprised of? - Answers -Internal:
Regulatory, CB + CL regimes
External subsystems: Political, market/economic, broader legal system,
societal/cultural/religious, ecological
What is the master and servant law, and why is it important to work law today? -
Answers -British structure of law that regulated employment relationship, predated
common law of employment. Provided rights + obligations based on social status.
Regulated competition between employers. Restricted workers movement from one job
to another. Subordination. Unequal consequences for breaches.
Common law displaced M/S laws however the influence from M/S laws were and are
still quite apparent in work law to date.
What are the origins of Canadian common law of employment contracts? - Answers -
Originally Canada used 19th century British Law until the second industrial revolution,
increase in white collar jobs + shift away from agricultural to waged work (finance,
manufacturing) increased appearances in court for common law concerns which then
helped Canada establish its own set of law.
What, in your opinion, do early common law cases say about how the courts perceived
workers and the employment relationship? - Answers -The employment relationship
viewed workers as a commodity and not an exchange of services between equals.
Workers were to be subordinate to employers regarding all issues. The power
imbalance was accepted and perpetuated by lack of intervention and protection.
Why were governments so reluctant to regulate minimum wage, hours of work,
workplace safety, and other aspects of the employment relationship? - Answers -The
government relied on market mechanisms to regulated the employment relationship.
Assumed that employers would realise it was in their benefit to treat their workers fairly.
Wanted to protect the economic interests of employers and the state. It was a large
move away from the voluntary approach.
Unit 2
What constitutes misrepresentation in the recruitment and hiring process? - Answers -
Tort of deceit and/or contract law of Misrepresentation is when one party presenting or
omitting information that misleads the other party, the other party relied on this
information which resulted in damages.
Fraud = Intent
, Negligence = No intent required but duty of care
Tort of Fraudulent/deceit misrepresentation by prospective employer.
Tort of negligent misrepresentation by prospective employer. (ex Queen v Cognos)
Tort of fraud/negligent misrepresentation by job applicant.
What are the necessary elements of an employment contract? - Answers -Capacity to
enter a contract: To protect those who lack the capacity to understand the implications
of the contract (minors, mentally impaired)
Intention to create a legally enforceable contract: Courts apply Objective test (What
would a person of reasonable intelligence assume given the facts?) and Subjective test
(What was the individual thinking at the time the contract was made?)
3 elements: Offer, acceptance and mutual consideration
What is required to modify an employment contract? - Answers -Fresh considerations
and acceptance. If the worker refuses, the employer may be able to provide notice and
once that notice is done, present employee with new contract with new term in there
and if employee wants to continue employment, they are to sign.
Why is discrimination based on race or gender permitted under common law? -
Answers -Common law is heavily influenced by the "Freedom of contract" which means
that capable parties are able to reasonably determine terms of a contract and the law
should have minimal regulation in who can hire who. Judges have taken and held this
position historically. This inaction has allowed discrimination to continue under common
law.
What are examples of restrictive covenant clauses? - Answers -non-solicitation: Former
employee is prohibited from attempting to entice customers of former employer to stop
doing business with former employer and do business with them instead.
Non-Disclosure: Prohibited from sharing confidential information that has proprietary
value to the former employer
Non-Compete: Prohibited from entering a competing business with former employer
What is required of a restrictive covenant clauses? - Answers -Must be to protect
something of value, must be reasonable in scope (time, location restriction), must be
clear and understandable, must be necessary to protect the interest of the former
employer and no other, less restrictive option would be effective.
What methods do judges use to imply contract terms? - Answers -Implied terms in fact:
A judge will read a term into a contract with consideration to past practices, and the
