assignment_4 - ADMN 390: Assignment 4 Your Name: 1 of 6...

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Unformatted text preview: ADMN 390: Assignment 4 Your Name: 1 of 6 Assignment 4 Complete Assignment 4 after Unit 10. Follow the general directions provided under “Course Assessment” in the Study Guide. MULTIPLE CHOICE Choose the one alternative that best completes the statement or answers the question. ONE MARK EACH (8 marks for section) 1. Why is the distinction between employment and an independent contract important? A) Employees can withdraw their services. B) An employee has the right to wages. C) An independent contractor cannot be sure that he will be paid. D) An employer may be held responsible for torts committed by the employee. E) An employee can bind the employer in a contract he enters into on behalf of the employer. 2. Which of the following would end the employment relationship by breach, thus possibly giving rise to a claim for damages for wrongful dismissal? A) The employee is told he will no longer be needed at the completion of the specific job he was hired to do, e.g. paint a bridge. B) The employee is asked to leave after he refuses to do a reasonable but unpleasant task that is part of his employment, when another more junior employee could have been asked to do it. C) The employee is asked to leave because he consistently comes to work late as a result of frequent morning traffic jams. D) The employee is asked to leave because a downturn in the economy has resulted in no work for him to do. E) The employee is told he will no longer be needed at the end of the period of employment specified in the contract, e.g., one year. TRU Open Learning ADMN 390: Assignment 4 Your Name: 2 of 6 3. Which one of the following statements about the compensation insurance scheme under the Workersʹ Compensation Act is false? A) Businesses covered by the Act are required to contribute to a no‐fault fund that is used to pay for job‐related accidents and diseases. B) If the injury is caused by the workerʹs own careless conduct, he will still receive compensation under the Act. C) Employers pay different premiums depending on the nature and danger of the industry. D) When a worker is injured on the job through the fault of someone other than his employer, he cannot claim under the Workersʹ Compensation provisions. E) Legislation sets rates of compensation to be paid for different types of injuries. 4. Which of the following statements is correct with respect to picketing? A) Lawful picketing is an accepted form of protest by workers whether or not a lawful strike is in process. B) Lawful picketing is the process whereby striking employees forcefully prohibit others from doing business with their employer. C) Lawful picketing cannot take place during a lockout, only during a lawful strike. D) Lawful picketing can take place during a rights dispute or a recognition dispute. E) Lawful picketing is the process whereby striking employees attempt to persuade people not to do business with their employer. 5. A principal is not bound in contract with the third party with whom the agent dealt if the agent is: A) Within his express authority B) Outside his actual and apparent authority C) Within his apparent authority D) Outside his authority but the principal ratified it E) Within his implied authority TRU Open Learning ADMN 390: Assignment 4 Your Name: 3 of 6 6. Stu hires Jan to negotiate and sign a contract with Ken on Stuʹs behalf. Which of the following is false? A) If Jan acts within her express authority and negotiates and signs the contract with Ken, Jan is not a party to that contract. B) If Jan contracts with Ken on behalf of Stu but acts outside her express, implied, and apparent authority, Ken could not sue her for breach of contract because Ken has no contract with her. C) If Jan acts within her implied authority, Stu will owe her for her services. D) If Jan acts within her apparent authority, but outside her express or implied authority, Stu will be bound by the contract but may sue Jan for breach of her agency contract. E) If Jan acts outside express, implied, and apparent authority, Stu could still approve the contract and be bound by it. 7. Which one of the following situations will result in a partnership existing? Assume no corporation has been created. A) Joe and Mary own a shoe store business together and share the profits. B) A lawyer and a real estate agent split the commission. C) Employees are given bonuses because of increased profits. D) Joe pays back a debt to Harry by giving Harry a percentage of the profits from his business. E) Joe and Mary own a house together and share the income from it. TRU Open Learning ADMN 390: Assignment 4 Your Name: 4 of 6 8. Which of the following is incorrect with respect to the law governing limited partnerships? A) Limited partners can lose their status as limited partners by allowing their names to be associated with the name of the partnership. B) Limited partners, once registered as such, are assured of limited liability. C) Limited partnersʹ liability only extends to the amount of money they have invested in the partnership. D) Limited partners can lose their status as limited partners by failing to register as such. E) Limited partners can lose their status as limited partners by participating in management. SHORT ANSWER In no more than three sentences, write the answers to the following four questions. THREE MARKS EACH (12 marks for section) 1. Indicate what kinds of restrictions there are on an employerʹs right to dismiss an employee. 2. Give three examples of unfair labour practices on the part of the employer. 3. Describe what is meant by an agentʹs apparent authority. 4. Explain under what circumstances a partnership can come to an end. TRU Open Learning ADMN 390: Assignment 4 Your Name: 5 of 6 ESSAY QUESTIONS 1. There are significant examples of statutes that interfere with the free contractual nature of the employment relationship or otherwise compensate for the inadequacies of the protections given to employees under the common law. Discuss several examples of these statutes in terms of the objectives to be accomplished and whether these objectives have been met. (20 marks) 2. Discuss the role of the Partnership Act as it relates to people carrying on joint business activities. For example, how does it govern the activities of partners with each other and the activities of those partners with outsiders? (15 marks) CASE STUDIES 1. Mr. Lopez, the owner of a manufacturing business, had a large family. His six children were all in their late teens or early twenties and were in school or had jobs. However, in the summer of 2001, two of the six got laid off and the other four were having trouble finding work. Lopez spent ten days reorganizing his business to find jobs for his family. He decided that the foreman at the plant, Mr. Wedman, who had been with the firm for twelve years, seven as foreman, could go back to being a carpenter and make room for his oldest son, who had management experience. There was no written employment contract with Wedman. On Friday afternoon, Lopez called Wedman into the office and told him that on Monday he would return as a carpenter and that he would be under the direction of his son. Wedman lost his temper, yelled that he didnʹt want to be a carpenter or under the direction of a spoiled son, and that hell would freeze over before he would accept a pay cut. Lopez dismissed him immediately and with no severance pay, yelling back that Wedman was too old for the job anyway. (15 marks) 2. A salesman, Wally, in a menʹs clothing store has heard rumours that the store is going out of business. The boss, Raj, is out of the store when a customer, Lee, who has heard the same thing comes in and offers to purchase the entire stock, the display cases, and the fixtures. Wally accepts on behalf of Lee. Discuss the legal position of the parties. Would it make any difference to your answer if Raj demanded return of the clothing but took the opportunity to replace his outdated fixtures with new ones? (10 marks) TRU Open Learning ADMN 390: Assignment 4 Your Name: 6 of 6 3. Mona, Asuka and Gloria are interior designers. Mona and Gloria live in rented apartments but Asuka owns a penthouse condo. When the real estate market went into overdrive, they decided to combine their talents and start a “staging” business (Supreme Staging) where they would source, deliver and arrange furniture and accessories in residential properties that were listed for sale. Each put up $20,000 to purchase initial inventory and Gloria provided warehouse space that she was using for her personal interior design business. They drew up a simple one page letter agreement where they agreed to divide the profits: 30% each to Mona and Asuka and 40% to Gloria. The staging business took off much faster than they expected. They soon realized they need the help of an accountant and some muscle power to move and deliver the furniture. Because they didn’t want the hassle of an employee payroll, they hired everyone on an independent contractor basis. Tom did all the accounting and soon had so much work that all his time was taken up by Supreme. The ten men who moved the furniture worked to a schedule and procedures set by Supreme and drove Supreme’s moving truck. However, they were expected to provide any tools that were necessary to do their job. They were soon fed up with the excessive demands of the Supreme owners and approached ABC Union to inquire about certification. When Mona learned about this she told them that they didn’t qualify to join a union but, if they did, she would fire them all. Relations went from bad to worse and the movers became careless on the job. One of them left a burning cigarette in a sofa which caused a fire that destroyed a show home. Supreme’s customers vanished overnight. The next week Tom and the movers arrived at the warehouse to find a sign saying “Closed for business.” Identify the legal issues in this scenario and the rights and remedies available to the various parties. (20 marks) TRU Open Learning ...
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This note was uploaded on 12/27/2009 for the course ECE Coen 243 taught by Professor Drlajam during the Winter '07 term at Concordia Canada.

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