Question
1.At common law, employer was free to deal with different employees in different ways, i.e. working hours, remuneration, and work assignments but that common law
1.At common law, employer was free to deal with different employees in different ways, i.e. working hours, remuneration, and work assignments but that common law freedom has been changed by the combined provisions of the BC Labour Relations Code and Human Rights Code. That is, even in private employment situations, an employer must treat all employees the same (i.e. equal pay for the same work being done and the most senior employees must be offered any promotions or pay increases first).
a.True
b.False
2.A written employment agreement/contract is vitally important for human resource management. If an employer does not have stipulations in a written employment agreement/contract requiring an employee to attend work "on time" and not to refuse lawful but unpleasant work duties, the absence of such a written agreement/contract means that the employer cannot discipline or fire the employee for such conduct.
a.True
b.False
3.A person will be considered an employee even where they have considerable autonomy/freedom in determining how their work assignment should be carried out, so long as their actions are in support of the business' overall goals and objectives.
a.True
b.False
4.As an employer has usually hired staff to carry out the tasks needed to advance the business' goals and objectives, and to pay for that assistance, it is the staff's obligation to "sort out" any problems between staff to ensure that each member can work in a safe and productive manner.
a.True
b.False
5.When an employer hires a new staff person and has ensured that the person has signed a written employment agreement, if the employer wishes to change the terms of employment to ensure the business' ongoing viability, the employer is still obligated to seek the employee's consent to those changes if they amount to significant changes to the agreement.
a.True
b.False
6.In the absence of specific provisions in an employment agreement/contract, to determine an adequate amount of severance upon termination a Court will consider several factors including the employee's length of service, job responsibilities and likelihood of obtaining new employment after being terminated.
a.True
b.False
7.In the absence of specific provisions in an employment agreement/contract, upon termination "without cause" an employee is under no obligation to seek new employment as the entitlement to severance is to compensate the employee for lost income due to termination.
a.True
b.False
8.If an employer demonstrates that the person terminated was a "below average" employee, but those shortcomings do not amount to "just cause", the award of severance will be reduced to take into account the shortcomings of the employee in any event.
a.True
b.False
9.If an employer wishes to terminate for incompetence without paying severance, it should first inform the employee of the incompetence and provide opportunity and assistance to train to avoid repetition if necessary.
a.True
b.False
10.An employer is entitled to negotiate "severance entitlement" stipulations for an employment agreement/contract that may limit an employee's entitlement to severance in accordance with the minimum amounts stipulated by the Employment Standards Act.
a.True
b.False
11.So long as there is a written employment agreement/contract in place with the necessary stipulations, a single instance of serious dishonesty or disobedience may entitle an employer to terminate an employee for cause and without any obligation to provide severance.
a.True
b.False
12.The Employment Standards Actsets a maximum amount of notice or pay in lieu of notice that an employer has to give an employee upon dismissal.
a.True
b.False
13.So long as the person is an adult and there is a written agreement recording the agreement, the person can agree to accept less than the minimum wage amounts from an employer and that agreement is binding on the employee.
a.True
b.False
14.WorkSafe BC now has issued policy directives requiring employers to deal with and prevent workplace harassment or violence created by customers or clients to staff but that policy does not deal with such actions by one employee to the other.
a.True
b.False
15.An employer may be required to "accommodate" employees who have addiction problems.
a.True
b.False
16.If an employer is called on to accommodate an employee with a physical disability, any such steps cannot create an undue hardship on the employer.
a.True
b.False
17.The BC Human Rights Codecontains provisions prohibiting discrimination in employment and, as such, requires that "dress codes" cannot be imposed on employees that conflict with their freedom to choose their own work wear so long as it is compliant with the safety requirements stipulated by WorkSafe BC.
a.True
b.False
18.Labour legislation created in Canada, including the BC Labour Relations Code, deals with creating a framework in which groups of employees can be represented collectively in negotiating working conditions and terms with an employer and once such an agreement has been put in place, there are mechanisms to deal with individual disputes without hampering the day to day operations of the business.
a.True
b.False
19.As a group of workers may have some members who do not want to be represented by a Union, labour legislation including the BC Labour Relations Codeallows any member who wishes to "opt out" of any agreement so long as they sign a written document to that effect.
a.True
b.False
20.As a group of workers may have some members who do not want to be represented by a Union, labour legislation including the BC Labour Relations Codeprovides that for a situation in which a group of workers is seeking "certification for the first time", a majority of 60% or more of the group must vote in favour of certification.
a.True
b.False
21.Despite a group of workers consent and the Union's agreement, the Labour Relations Board reserves the right and authority to determine whether a particular group of workers shares enough communal interests to be certified as a bargaining unit.
a.True
b.False
22.In British Columbia a collective agreement must contain a provision for settlement of disputes about the application, operation, interpretation or alleged violation of the collective agreement without stoppage of work.
a.True
b.False
23.In negotiations for a second or further collective agreement, the Labour Relations Board of British Columbia may order binding arbitration if the Board determines that an employer has been acting in bad faith in the course of contract negotiations.
a.True
b.False
24.Before members of a bargaining unit can withdraw services in support of contract negotiations, the Labour Relations Board must determine which staff must remain at work as "essential service staff".
a.True
b.False
25.The Labour Relations Board can issue orders that "strike conduct" (e.g. picket line violence) amounts to wrongful and illegal conduct and issue orders that such conduct stop and any person found continuing such conduct may be jailed for "contempt".
a.True
b.False
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