Test Bank for Canadian Labour Relations, Law, Policy, and Practice, 2nd Edition Doorey (Chapter 1 to 17 included)

Test Bank for Canadian Labour Relations, Law, Policy, and Practice, 2nd Edition Doorey (Chapter 1 to 17 included) What does it mean to say that a contract term is ambiguous? a) It means that the term is vague and subject to multiple, reasonable interpretations b) It means that the term was added unilaterally at some time during the life of the contract c) It means that its performance will greatly disadvantage one of the parties - correct answer>>>a) It means that the term is vague and subject to multiple, reasonable interpretations Why are restrictive covenant clauses controversial? a) They are controversial because they seem to pit two legitimate interests against each other: the right of trade against the right of contract b) They are controversial because they allow people to create contracts that restrict their future right to alter those same contracts c) They are controversial because they allow people to create contract terms below the otherwise legislated minimum standards of work - correct answer>>>a) They are controversial because they seem to pit two legitimate interests against each other: the right of trade against the right of contract What does the term "public policy illegality" mean? a) It refers to the common law right of judges to void specific contract terms if they are deemed contrary to public interest b) It refers to the right of the legislature to override common law rules through specific statutes in the public's interest c) It refers to the common law right of judges to include specific contract terms that are deemed necessary to protect public interest - correct answer>>>a) It refers to the common law right of judges to void specific contract terms if they are deemed contrary to public interest Can an employer enforce a restrictive covenant if the employee was fired without just cause? a) No. Why should the employer still benefit after unfairly firing the employee? b) No. Firing an employee without just cause is a repudiation of the contract and the employer cannot then benefit from the contract's terms c) Yes, as long as the employee was provided with the requisite notice and the covenant itself is reasonable - correct answer>>>c) Yes, as long as the employee was provided with the requisite notice and the covenant itself is reasonable What is a fixed term contract? a) A fixed-term contract expires at a given time with no further requirement on either party in terms of notice to bring the contract to an end b) A fixed-term contract contains a contract term enabling the parties to extend the life of the contract by mutual agreement c) A fixed-term contract includes an agreement not to amend or modify any of the expressed terms during the life of the contract - correct answer>>>a) A fixed-term contract expires at a given time with no further requirement on either party in terms of notice to bring the contract to an end What is the significance of Ceccol v. Ontario Gymnastic Federation? a) It stands for the proposition that all fixed-term contracts are to be treated as indefinite employment contracts for the purposes of reasonable notice b) It stands for the proposition that the existence of several one-year contracts will be evidence of an intent to create an indefinite-term contract c) It stands for the proposition that either employers or employees may alter the end-date of fixed-term contracts - correct answer>>>b) It stands for the proposition that the existence of several one-year contracts will be evidence of an intent to create an indefinite-term contract What is the changed substratum doctrine? a) It refers to a doctrine wherein a contract may not be enforceable if over the course of that contract an employee has been given much more job responsibility and the contract does not contemplate that outcome