business law questions

Question 11 Not yet answered Marked out of 1.00 '7 Flag qu estion Question 12 Not yet answered Marked out of 1.00 '7 Flag qu estion Question 13 Not yet answered Marked out of 1.00 '7 Flag qu estion Find the decision of the Alberta Employment Standards Umpire in Lifechoice Ltd. v Adams, 2019 CanlJl 28274 (AB ESU). It will be helpful to read the case in its entirety before answering the following question. \\Mth respect to the decision, which one of the following statements is TRUE? Select one: C) a. The "organization test" or "integration test" examines whether the work is done as an integral part of the business. If so, employment is suggested. Whereas, under a contract for services, the independent contractor' s work, although done for the business, is not integrated into it but is only accessory to it. The organization test, when applied to the relationship between Adams and the Appellant Lifechoice, supports nding the Respondent acted as an independent contractor. O b. The control test examines the degree of control exercised by the one paying for the work Where control is shared, one should look to the degree of control exercised over all aspects of the work, not just daily supervision. The indicia of control suggested the Respondent was an independent contractor. O c. The \"entrepreneur' test, encapsulated by the question "Whose business is this?" , can be a useful method of analysis in identifying the employeremployee relationship. The entrepreneur test allows the decisionamaker to take into account factors like ownership of the means of production, chance of profit and risk of loss, and responsibility for management ofthe enterprise. This test was not used by the Umpire in his decisionima king. 0 d. The entrepreneurial test, when applied to the Respondent' 5 contract, supported a nding that the Respondent was an employee. Find the court's decision in Merrill Lynch Canada inc. v. Soost, 201D ABCA 251. It will be helpful to read the case in its entirety before answering the following question. With respect to the award of damages in this wrongful dismissal case, which one of the following statements is TRUE? Select one: 0 a. The Trial Judge found there were grounds sufcient tojustify summary dismissal of someone in the Respondent' 5 position. Damages in lieu of notice (based on a 12 month notice period) were thus denied. 0 b. The Court of Appeal noted that there was an obligation on the part of the employer to ensure that in effecting the dismissal, it was not being unduly insensitive. The Court found that the circumstances did give rise to a claim in this case and thus punitive damages ought to have been awarded. O c. The Court of Appeal ruled that the mere fact of dismissal justies an additional award of Honda damages. O d. At trial, in addition to awarding damages in lieu of notice, the Trial Judge awarded the financial advisor $1.6 million "for loss of reputation and book of business\" resulting from the manner of the financial advisor' s dismissal. This award was overturned on appeal. Find the court's decision in Merrill Lynch Canada the. v. 50051, 2010 AECA 251. It will be helpful to read the case in its entirety before answering the following question. With respect to the decision of the Court oprpeal, which one of the following statements is FALSE? Select one: O a. The Court determined that damages because of dismissal, with neither reasonable notice nor pay in lieu, cannot exceed what pay in lieu would have been. Indeed, the damages will be less, if the dismissed exiemployee mitigated his or her loss by getting a newjob. O b. The Court determined that the employer had good faith belief in cause to dismiss, because the respondent violated express rules found in the employment contract and the appellant' 5 written policy. 0 c. The Court determined that a dismissed employee should be awarded damages for any prejudicial effect (even on reputation) of the dismissal itself. 0 d. The Court of Appeal determined that the Honda case says that when dismissing an employee, an employer has a duty not to use methods which are unduly unfair or insensitive. The respondent does not allege that the appellant told lies about him, nor otherwise improperly made the respondent look like a dishonest or unsavoury person. Indeed, the trial court found that no such conduct occuned. Question 14 Samantha graduated from NAIT's School of Business with a bachelor's degree and is now employed by a marketing consultant. She now regularly works more than 40 hours Not yet per week. According to Alberta's Employment Standards rules, is Samantha entitled to overtime? The CORRECT answer is that: answered Marked out of Select one: 1.00 O a. Yes. Every employee in Alberta is entitled to be paid overtime for work hours in excess of 8 on each work day in the work week, or an employee' s hours of work in Flag excess of 40 hours in the work week, whichever is greater. question O b. If Samantha entered an overtime agreement with her employer that provides that, wholly or partly instead of overtime pay, the employer will provide, and the employee or group of employees will take, time off with pay instead of overtime pay, then time off, calculated at 1 hour off for each hour of overtime, with pay, is to be provided. O c. Because of the nature of her job, Samantha is exempt from overtime entitlements. O d. If Samantha has entered an "hours of work averaging agreement" , then she will only qualify for overtime pay if she works more than 14 hours in a day. Question 15 The Alberta Human Rights Act makes it illegal to discriminate against anyone on the basis of age. According to the publications of the Alberta Human Rights Commission, all Not yet of the following are true except one. Identify the EXCEPTION. answered Marked out of Select one: 1.00 O a. The Human Rights (Minimum Age for Occupancy) Regulation allows for some exceptions to age restrictions in seniors housing. For example, a minor related to an Flag occupant by blood, adoption or marriage, is also allowed to reside in seniors-only housing, where due to an unforeseen event, the occupant becomes the primary question caregiver to the minor after occupancy has commenced. O b. Age has been protected under the areas of services and tenancy since January 1, 2018. The Commission can accept age-related complaints in these areas only if they are related to incidents that occurred on or after January 1, 2018. O c. The minimum age cut-off for seniors-only housing is 60 years of age. Communities can set age restrictions that are older than 60 as well. O d. Existing age-restricted condominiums, co-operatives and mobile home sites are allowed for a 15-year transition period, which started on January 1, 2018 and ends on December 31, 2032. By January 1, 2033, these types of housing must convert to all-ages housing or to seniors-only housing