Questions and Answers of Managing the Law

“The Constitution provides the basic rules for Canadian society. And because it needs to continually reflect the nature of that society, the Constitution is easy to amend or change.” Explain
Meg’s Party Supplies and Addison’s Authentic German Beer Steins operate out of the same warehouse. Addison’s employees are unionized and are engaged in a legal strike seeking to change their
Robots Inc has lawfully locked out its unionized factory workers after exhausting negotiation and conciliation procedures prescribed by the applicable labour relations statute. Despite the lockout,
Deepak works for the city hospital as a supervising nurse in his unit. His hospital was recently forced to reorganize some of its units in response to budgetary cutbacks. In the
Randall’s Motorcycle Shop employed the 208 members of LOCO 666. Until recently, every union member was employed on a full-time basis. Unfortunately, because of financial difficulties, Randall
Peter & Harvey Furs and Local 275 had previously entered into a collective agreement that explicitly prohibited strikes and lockouts before the end of the calendar year. However, on July 30, the
Khalil was transferred to a remote workplace contrary to the collective agreement between his union and his employer, Self Scientific Inc. Khalil filed a grievance. Although Self Scientific is
Local 861 has brought a grievance against ESPO Broadcasting on behalf of one of its former employees, Addey Farberino. The grievance alleges that employees who resigned during the term of the first
During a recent slowdown in the global lumber market, BigTree Sawmill decided to shut down core operations for six weeks to save money. It informed the union of its plans and provided a list of
Local 393, a trade union representing employees of an Internet start-up company, is upset by a recent business decision made by the start-up. The plan is to transform many of the employees currently
Six years ago, after nearly 31 years of teaching at Green Grass Elementary School, Linnea decided it was time to retire. Four years prior to her retirement, the Saskatchewan government had been
The collective agreement between the United Train Conductors of Canada (Local 49) and Rails and Trails Inc (R&T), a private railway system, has come up for renewal. The parties are finding it
Local 54 has retained James Love to represent it in a grievance against Dilated Peoples Optical Inc. The union is grieving the employer’s decision to exclude from the bargaining unit the position
Why might a provincial or federal government invoke back-to-work legislation? What purpose does this form of legislation serve?
Distinguish picketing from secondary picketing. Under what circumstances could these practices involve unlawful activity?
What is the defining feature of a lawful employer lockout? Why can this factor sometimes be difficult to isolate?
List the four requirements common to most statutory definitions of a strike. What is a fifth requirement in some jurisdictions?
How are arbitration awards enforced?
Do labour arbitrators and labour relations boards generally have remedial powers similar to those of judges? Be specific. Is it possible to expand or limit the authority of labour arbitrators? What
When might an employee be entitled to retroactive pay? Does this generally include benefits as well as wages?
What is the difference between the terms “bumping” and “bumping up”? Why might a risk manager want to negotiation a collective agreement that does not allow for bumping up?
What is the purpose of a “just cause” provision? Are employers or employees more likely to want a just cause provision in a collective agreement? Why?
Give three examples of disciplinary measures that an employer may take in the context of organized labour.
Define “arbitral jurisprudence.” How much deference must a labour arbitrator show to previous arbitration decisions?
Name four general categories of labour disputes that can arise. Which type of dispute will typically be resolved through a more formal arbitration process?
Name and describe two types of union security clauses and identify their common purpose in a collective agreement.
List the three essential requirements of an enforceable collective agreement. Are there other provisions that one of the parties can insist on including?
What are the different elements of the duty to bargain in good faith? Why does labour law impose such a duty?
What is the first step when a union and management reach an impasse while negotiating a collective agreement?
How does a trade union become recognized as the bargaining agent for a particular bargaining unit?
Describe the test that is used to determine whether a person is a manager or an employee.
What role do corporate managers play in the collective bargaining process?
Distinguish labour law from employment law. On what basis can organized labour be differentiated from other kinds of work?
Aisha had been a faithful employee of HydroCorp for several years when she developed an illness that caused severe migraine-like headaches. She began to experience regular episodes during which she
For the past 10 years, Gurpreet has been employed as an investment analyst at BucksCorp, one of Canada’s largest financial institutions. Gurpreet signed an employment contract with BucksCorp that
A few years ago, Chuckie Norris was promoted from a forklift operator to parts manager at Trailrocks Inc. Ever since, he has learned much about how to run a dealership. His natural curiosity and
Shortly after his high-school graduation, Sweyn agreed to help his older sister, Svetlana, and her husband construct their home. The first day, Sweyn wore tennis shoes instead of proper boots.
Sylvan was employed as the garage manager for Tough Lucy’s Trucking Ltd for seven years. During that time, he reported directly to the owner, Lucy LaRue. Sylvan proved to be an exemplary manager.
Elsa was a favourite among all employees at Grocers Group, where she worked for nearly eight years. During that time, Elsa got married. Her manager knew that Elsa wanted children and hoped that she
Following the conclusion of his contract, Puneet is seeking to recover overtime pay for time worked in excess of a 48-hour week. The facts are as follows: His contract is silent as to the number of
WeBuildIt Construction Ltd hired Danele, an architect and construction manager, to build part of a tuna-canning plant. Danele was responsible for completing the project for a fixed sum. Her
You are a manager at a factory that manufactures bike frames. You supervise workers at the factory by periodically walking around and observing productivity. However, you cannot be in all places at
Patinski worked full time as an equipment operator at Modern Dairy. To help make ends meet she also took on part-time work, maintaining a disposal site for the Municipality of Simmonsville. Five
NumbersMagic Inc alleged that its bookkeeper, Chris Ginsberg, had stolen from it. The company made a claim against its insurer, Neverpay Insurance Ltd, to recover the loss. Neverpay refused the claim
William Lee has been employed as a farmhand at Jean-Louis Mushroom Farms for four years. Following a decline in the value of mushrooms, Jean-Louis was forced to unilaterally alter the terms of
What can an employer do to prevent a terminated employee from bringing a legal claim against them?
Define “constructive dismissal.” What are the three most common kinds of changes that amount to constructive dismissal? What are the legal implications of proving constructive dismissal?
What factors should employers consider in determining a reasonable notice period for dismissing an employee? Is there a cause of action that exists for employees who feel that they have not been
List six forms of employee misconduct that are considered to be just cause for a summary dismissal.
What are the core differences between workers’ compensation schemes and occupational health and safety legislation? How are such schemes funded?
Can an employer from Alberta discipline an employee who has reported that the employer breached provincial privacy legislation? Why or why not?
Give two examples of how a risk manager can help to prevent violations of human rights legislation.
Can harassment be found to have occurred even if the conduct in question was not intended to be demeaning or offensive? Why?
What is a BFOR and how can it be used to defend against a case of direct discrimination?
Distinguish between direct discrimination and indirect discrimination.
What factors might cause the provincial minimum wage to change periodically?
Name several statutory regimes that have been created to protect employees. Give an example of each.
When is the suspension of an employee a reasonable course of conduct?
What is the value of giving employees regular performance reviews?
Provide four examples of basic workplace issues that an employment policy manual should address.
Give two examples of enforceable restrictive covenants that employers might seek from employees and describe their purpose in doing so.
What is the risk if an employer makes an inaccurate statement during the hiring process?
What is the difference between an employee, an independent contractor, and a dependent contractor? What are the risks when a business chooses to make exclusive use of a particular contractor?
Name an occupational requirement that might appear to be discriminatory. Give an example of how such a requirement might be justified as a bona fide occupational requirement.
What are the benefits and risks of advertising a position?
Orton Inc sells car parts to hardware stores and garages across Canada. It grants its customers the following discounts from the unit price of individual products set out in its price list:■
Manuel Inc produces and sells its own popular brand of photocopiers and printers. It also is an investor in a paper company called Bondar Inc. Manuel is considering adopting a marketing strategy
Shazad was looking for a new pair of skis. He went to the website of Downhill Specialists Inc, found the skis he wanted, and ordered them through the website for $400. He was very pleased with the
Nancy and Bob Brown ran a successful locksmithing and security business in Perth, Ontario, a town of about 6000 people, for 17 years. They were wellknown and highly respected in the community. The
For a number of decades, the six manufacturers of microscopes in Canada operated under an informal agreement that required no competition on price, but high competition in performance and service.
S&A Electronics, a high-volume retail sales outlet, advertises its products in local newspapers and flyers at very low prices with claims that the products are “priced to move!” However, the
Cinefed Inc operates the largest film exhibition business in Ontario. Cinefed has theatres in every significant town and city in the province. Aside from a few independent theatres, the only
Prado Shoes Inc manufactures very expensive, high-quality women’s shoes, which it sells to retail stores throughout Canada. Universal Shoes Inc has a large chain of shoe stores in Alberta. One of
Casino Inc produces and sells a low-calorie artificial sweetener called Spartan that is a substitute for sugar. Casino’s Spartan has about 90 percent of the market. It thinks that it can get 100
Javier carries on a business of selling shoes at a store in a shopping mall. Cecilia also operates a shoe store in the same mall. While they are competitors, they are also friends. They decide that
Lisa Inc produces what has become the most popular brand of tablet computer. Lisa supplies about 90 percent of the market for this product worldwide. All retailers want to stock Lisa’s tablets.
Cesar is considering incorporating the consulting business that he has been carrying on for the past several years as a sole proprietorship. He will be the sole shareholder and director of the
Are there any circumstances in which consumers can get out of a contract that they have entered into?
Would it be a good strategy to send samples of your products to consumers and ask them to pay for the product if they like it?
Gini has a business producing eye makeup. Are there any rules that she must comply with regarding the packaging and labelling of her product?
If you were a marketing manager for a chain of grocery stores, would you approve a print ad that said that prices for apples were 40 percent lower than the regular price of $4 per kilogram if, in
Why do Canadian governments not require consumers to look after their own interests in the contracts that they enter into?
Can the Competition Act be invoked by individuals? If so, what remedy can they obtain if they are successful?
Noel holds the rights to sell franchises for an international fast-food restaurant chain in Canada. He will agree to sell a franchise to someone only if they agree to buy all of their food supplies
If your corporation were planning a merger that would be subject to notification under the Competition Act, is there any way to manage the risk that the merger might be challenged under the Act?
Why are mergers reviewable under the Competition Act?
If the Competition Bureau is dealing with a complaint about an anti-competitive act by a dominant firm, how will it assess whether the firm is dominant?
Salome has control of all the driving lesson businesses in Ottawa. Is this contrary to the Competition Act?
Is it illegal if two competitors agree not to compete with each other?
What is the distinction between a criminal matter and a reviewable matter under the Competition Act?
Who is the “Commissioner of Competition”?
Jerome was a salesperson for Edge Electronics Inc, which makes smartphone handsets and sells them only in Canada. He signed an agreement that said, among other things, that if he left his job, he
Identify the common law actions that can be brought for anti-competitive behaviour, and explain why a purely common law approach to anti-competitive behaviour is insufficient
Why is it necessary to have a law protecting competition?
What is the administrative procedure followed by the Canada Revenue Agency to audit tax filings?
Describe the difference between the tax treatment of income from a business that is earned directly by an individual and the same income earned by a corporation and distributed to the
What are the basic types of taxation in Canada?
Joseph Inc, a retail fashion chain, contemplates making a proposal to its creditors. It is thinking about making the proposal to both secured and unsecured creditors in the form of an arrangement or
Bluebird Finance of Saskatoon offered Rubina Naderi a $50 000 loan to start a dressmaking business. The loan was to be secured by a “floating charge” over all of Naderi’s assets. The floating
Jaco Inc operates a small struggling technology business in Toronto. Jaco wants to make a proposal to its creditors—a bank, a private lender, and its landlord—to accept a deferral of the amounts

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