CHRL Law Exam

Question 1

Which of the following is true about the ESA?
a) The ESA sets maximum terms and conditions of the employment contract.
b) Parties can go below what is guaranteed by the ESA.
c) The ESA does not protect workers in economically challenging times.
d) Parties can negotiate for benefits beyond, but not less than, what is prescribed by the ESA.

Answer 1

d) Parties can negotiate for benefits beyond, but not less than, what is prescribed by the ESA.

Question 2

Which of the following groups is covered by the ESA?
a) Canada Post employees.
b) Employees of the local fast-food restaurant.
c) Air Canada pilots.
d) Employees of Embassies.

Answer 2

b) Employees of the local fast-food restaurant.

Question 3

What is the importance of the Greater Right or Benefit Principle?
a) It is uniquely applicable to the ESA.
b) An employee can only receive benefits equal to ESA minimums.
c) The principle is only applicable in the absence of an employment contract.
d) Where an employee is provided with greater benefits than the ESA minimum, the greater benefit applies over the lower standard.

Answer 3

d) Where an employee is provided with greater benefits than the ESA minimum, the greater benefit applies over the lower standard.

Question 4

Which of the following is not an employer’s obligation under the ESA?
a) Keeping accurate records.
b) Providing a translated poster related to the ESA to the employee who requested it.
c) Displaying wages of individual employees in the workplace.
d) Paying employee wages.

Answer 4

c) Displaying wages of individual employees in the workplace.

Question 5

In Ontario, which of the following is included in the formula used to determine minimum wage increases?
a) Services Producer Price Index.
b) Ontario Consumer Price Index.
c) Electronic Corporate Index.
d) Ontario Provincial Government.

Answer 5

b) Ontario Consumer Price Index.

Question 6

Under the ESA, what are the maximum daily and weekly hours an employee could work?
a) 8 hours (daily); 40 hours (weekly).
b) 8 hours (daily); 48 hours (weekly).
c) 7 hours (daily); 35 hours (weekly).
d) 6 hours (daily); 48 hours (weekly).

Answer 6

b) 8 hours (daily); 48 hours (weekly).

Question 7

An employee asks about the length of his eating break. Which of the following should you advise?
a) A 30-minute break after 5 hours of consecutive hours of work.
b) A 25-minute break after 5 hours of consecutive hours of work.
c) A 30-minute break after 4 hours of consecutive hours of work.
d) A 60-minute break after 5 hours of consecutive hours of work.

Answer 7

a) A 30-minute break after 5 hours of consecutive hours of work.

Question 8

Martha is planning her annual vacation. She is employed by the same employer for five years. How many weeks of vacation is Martha entitled to under the Ontario ESA?
a) 3 weeks.
b) 1 week.
c) 2 weeks.
d) 4 weeks.

Answer 8

a) 3 weeks.

Question 9

How many recognized public holidays are there in Ontario?
a) Six
b) Eight
c) Nine
d) Ten

Answer 9

c) Nine

Question 10

Joanne, a pregnant employee, asks you how many weeks of written notice under the Ontario ESA she must give her employer before taking pregnancy leave. What would your advice be?
a) She must give at least 3 weeks’ written notice.
b) She must give at least 2 weeks’ written notice.
c) She must give at least 1 week’s written notice.
d) No notice is required.

Answer 10

b) She must give at least 2 weeks’ written notice.

Question 11

An employee approaches your employer about his safety in operating certain machinery. Which of the following should you advise the employer?
a) To ignore the complaint.
b) Launch an investigation, but do not follow through.
c) Remind the employer of the employee’s history of complaints.
d) Urge the employer to investigate the report in the presence of the employee.

Answer 11

d) Urge the employer to investigate the report in the presence of the employee.

Question 12

Which of the following parties is responsible for maintaining a safe workplace?
a) It is a joint responsibility between the employer and employees.
b) The employer.
c) The employees.
d) The Ministry of Labour.

Answer 12

a) It is a joint responsibility between the employer and employees.

Question 13

Workplace harassment is addressed in both the Ontario Human Rights Code and the OHSA. Identify the main difference by which the concept is addressed in both statutes.
a) Harassment under the Code must occur several times before action is taken.
b) Harassment under the OHSA concerns only with acts of violence against the employer.
c) Under the OHSA the employer has a statutory, rather than common law duty, to intervene and investigate domestic violence and harassment where it may affect the employee at the workplace.
d) Only the Code is concerned with the effect not the intent of harassment.

Answer 13

c) Under the OHSA the employer has a statutory, rather than common law duty, to intervene and investigate domestic violence and harassment where it may affect the employee at the workplace.

Question 14

Which of the following is not an element of assessing the risks of harassment or violence in the workplace?
a) Looking at common forms of violence in other workplaces.
b) Providing an Annual Assessment Report to the Ministry of Labour.
c) Identifying solutions or preventative measures to avoid violence.
d) Paying attention to general trends in society and developments in case law.

Answer 14

b) Providing an Annual Assessment Report to the Ministry of Labour.

Question 15

Your bank manager asks you to review all relevant legislation concerning human rights of employees. Which of the following legislation should you first give particular attention?
a) The Canadian Charter of Rights and Freedoms
b) The Personal Information and Protection and Electronic Documents Act
c) The Canadian Human Rights Act
d) The Ontario Human Rights Code

Answer 15

c) The Canadian Human Rights Act

Question 16

Determining the level of government with jurisdiction of employment was historically an unsettled issue in law. Which leading case first settled the matter?
a) Toronto Electric Commissioners v. Snider
b) Bardal v. The Globe and Mail Ltd.
c) British Columbia (Public Service Employee Relations Commission) v. BCGSEU
d) Wronko v. Western Inventory Service Ltd.

Answer 16

a) Toronto Electric Commissioners v. Snider

Question 17

Pilots operating within the province of Saskatchewan are classified as:
a) Federally regulated employees.
b) Provincially regulated employees.
c) Both federally and provincially regulated employees.
d) Classification is dependent upon whether the pilots fly domestically or internationally.

Answer 17

a) Federally regulated employees.

Question 18

The decisions from which court can significantly affect Ontario employment law?
a) The Manitoba Court of Appeal
b) The Court of Queen’s Bench of Alberta
c) The Supreme Court of Canada
d) The Superior Court of Ontario

Answer 18

c) The Supreme Court of Canada

Question 19

Which of the following principles relates to the Pay Equity Act?
a) The principle of equal pay for equal work.
b) The principle of equal pay for work of equal value.
c) The principle of paying women more than men, regardless of position.
d) The principle of providing more jobs for women.

Answer 19

b) The principle of equal pay for work of equal value.

Question 20

Your employer is in the private sector. You are asked to conduct a comparison between job classes within the organization to complete the pay equity plan. You cannot do which of the following?
a) Conduct a direct job-to-job comparison between unionized male and female job classes.
b) Conduct a proportional value comparison across male and female job classes.
c) Conduct a proxy comparison with public sector organizations.
d) Conduct a direct job-to-job comparison between non-unionized male and female job classes.

Answer 20

c) Conduct a proxy comparison with public sector organizations.

Question 21

There are many employment statutes and areas of law that govern the termination of employees. Which of the following does not govern the termination of a federally regulated employee?
a) The minimum standards set out under the Canada Labour Code.
b) The employee’s employment contract.
c) The federal ESA minimum terms.
d) The Common Law.

Answer 21

c) The federal ESA minimum terms.

Question 22

Human rights applications are largely based on which of the following grounds?
a) Reprisal.
b) Sexual Orientation.
c) Race.
d) Disability.

Answer 22

d) Disability.

Question 23

The duty to accommodate involves three factors. Which of the following is not a factor?
a) Sympathy.
b) Inclusion.
c) Dignity.
d) Individualization.

Answer 23

a) Sympathy.

Question 24

Your employer suggests using the same form of accommodations for all employees requesting accommodation. You should advise the employer of which of the following?
a) Offer only accommodations that have been used in the past.
b) A one solution approach is necessary to stay within budget.
c) Refuse the accommodation as it is too costly.
d) Accommodations must be carried out in the form of meeting the specific needs of the individual employee.

Answer 24

d) Accommodations must be carried out in the form of meeting the specific needs of the individual employee.

Question 25

In a unionized work environment the duty to accommodate is a shared responsibility between which of the following parties?
a) The employer, the union and the government.
b) The employer, the employee and the union.
c) The employer, the employee and the government.
d) The union, the employee and the government.

Answer 25

b) The employer, the employee and the union.

Question 26

An employee approaches you about requesting special accommodation during a busy work week. You should inform the employee of which of the following?
a) The employer cannot fulfill requests of accommodations at this time.
b) Unless it is a physical disability, there are no accommodations.
c) Notify the employer, preferably in writing, clearly stating the form of accommodations required.
d) Reprisals may be a consequence of requesting accommodations.

Answer 26

c) Notify the employer, preferably in writing, clearly stating the form of accommodations required.

Question 27

Your employer asks for guidance in accepting an employee’s notice of accommodation. The employer should do each of the following, except:
a) Keep accurate records.
b) Investigate the request for accommodation.
c) Ensure alternative solutions are explored.
d) Ensure the employee has no prior history of requesting accommodation to prevent fraudulent claims.

Answer 27

d) Ensure the employee has no prior history of requesting accommodation to prevent fraudulent claims.

Question 28

Your employer insists on knowing an employee’s diagnosis before determining the form of accommodation. What advise should you give?
a) The employer is not entitled to know the precise medical diagnosis.
b) The employer is only entitled to know the diagnosis upon notice to the employee.
c) The employer can only contact the employee’s physician for medical records.
d) The employer is always entitled to medical information of employees.

Answer 28

a) The employer is not entitled to know the precise medical diagnosis.

Question 29

During the accommodation process, the Union typically cannot pursue which of the following objectives:
a) Initiating dialogue between employees and the employer.
b) Finding alternative solutions to accommodation that do not violate the collective agreement, even though they may violate the OHRC.
c) Initiating grievances against the employer.
d) Monitoring the efforts of the employer to accommodate the employee.

Answer 29

b) Finding alternative solutions to accommodation that do not violate the collective agreement, even though they may violate the OHRC.

Question 30

Several employees believe Beverley is a favourite of the employer, as she receives special accommodation. What is one of the solutions that would likely correct this perception?
a) Disclose Beverley’s medical condition to her co-workers.
b) Ignore workplace gossip and rumours.
c) Educate staff about disabilities and equal treatment in the workplace.
d) Urge Beverley to inform her co-workers of the reason for her accommodation.

Answer 30

c) Educate staff about disabilities and equal treatment in the workplace.

Question 31

For which of the following reasons does the employer bear the greater burden of the duty to accommodate?
a) It is stipulated under the collective bargaining agreement.
b) Only employees have disabilities.
c) It is stipulated by statute.
d) It is stipulated by human rights codes and statutes.

Answer 31

d) It is stipulated by human rights codes and statutes.

Question 32

Your employer denies an employee’s request to be part of the process of finding her ideal form of accommodation. Which of the following advice will you give your employer?
a) Denial is only permitted if it is stated in the collective agreement.
b) Denial of the employee’s participation is not permitted under the Code.
c) Denial is only permitted if the employee’s union representative is present.
d) Denial is only permitted following the advice of the employer’s legal counsel.

Answer 32

b) Denial of the employee’s participation is not permitted under the Code.

Question 33

What is the goal of the inclusion principle of the duty to accommodate?
a) To ensure accommodations do not exceed the allocated budget.
b) To ensure full participation of all individuals in the workplace.
c) To ensure a majority of individuals participate in the workplace.
d) To ensure compliance with the law.

Answer 33

b) To ensure full participation of all individuals in the workplace.

Question 34

All of the following are appropriate actions taken to ensure equal treatment in the workplace, except:
a) Providing information regarding discrimination and equal treatment in the workplace.
b) Enforcing the company’s anti-harassment policy at meetings and in newsletters.
c) Actively removing barriers of participation in the workplace.
d) Actively monitoring each employee’s actions in the workplace and confronting individuals who seem to be unaware of their legal duties.

Answer 34

d) Actively monitoring each employee’s actions in the workplace and confronting individuals who seem to be unaware of their legal duties.

Question 35

An employee approaches you about receiving remarks pertaining to his weight. He believes it is sexual harassment. What should you advise him?
a) It is not sexual harassment since the employee was not objectified.
b) It is not sexual harassment since the employee does not suffer economic loss as a result of ignoring the remarks.
c) It is considered weight discrimination and may amount to sexual harassment.
d) It is not sexual harassment since the employees are not physically attracted to each other.

Answer 35

c) It is considered weight discrimination and may amount to sexual harassment.

Question 36

Mitch confides in you that he has a clean disciplinary record and will be cleared of the harassment accusations made against him. What should you advise him?
a) A clean disciplinary record does not mean the alleged action(s) did not occur.
b) A clean disciplinary record always gives the employee the benefit of the doubt.
c) Courts rarely consider disciplinary records in making a decision.
d) Disciplinary records are only important for employees holding the same job for more than 3 years.

Answer 36

a) A clean disciplinary record does not mean the alleged action(s) did not occur.

Question 37

What is the process of several warnings leading to disciplinary consequences known as?
a) Infractions.
b) Progressive discipline.
c) Warning-Punishment.
d) Subsequent discipline.

Answer 37

b) Progressive discipline.

Question 38

Jeremy, the Director of Finance, does not get along well with George, an employee within the department. Jeremy makes several comments on social media about George’s poor work ethic and conversations George has had in the workplace. Should Jeremy’s conduct be ignored?
a) Yes, the conduct should be ignored as Jeremy’s comments were made outside of the workplace.
b) No, the conduct should not be ignored. The targeted employee should be immediately alerted of the online comments.
c) Yes, the conduct should be ignored as reporting the conduct may be considered trivial by the employer.
d) No, the conduct should not be ignored, as the comments relate to an employee and the workplace and may be considered workplace harassment.

Answer 38

d) No, the conduct should not be ignored, as the comments relate to an employee and the workplace and may be considered workplace harassment.

Question 39

You are informed that an applicant is not the right match for the company, as she is a recovering drug addict. You should inform the employer:
a) To request medical documentation supporting the applicant’s recovery.
b) That the applicant is in fact not a recovering addict.
c) That it may be discriminatory to deny the applicant a position based on her disability.
d) That the right decision was made, as the company cannot afford more liabilities.

Answer 39

c) That it may be discriminatory to deny the applicant a position based on her disability.

Question 40

Your company’s hiring policies state all applicants with disabilities, regardless of their pay grade or position, must undergo pre-employment medical examinations. Is this proper conduct for the employer?
a) No, the policy is discriminatory against applicants with disabilities.
b) Yes, if the employer could justify it in the majority of job classes as a bona fide occupational requirement.
c) No, pre-employment examination is an outdated practice in employment law.
d) Yes, it is best to identify deficiencies early on.

Answer 40

a) No, the policy is discriminatory against applicants with disabilities.

Question 41

An employee is cited for misconduct when refusing to operate unsafe machinery in the workplace. Has the employee committed any wrongdoing?
a) Yes, the employee is obligated to perform the responsibilities of the job.
b) No, the employee may be within his or her right to refuse to operate unsafe machinery.
c) Yes, the employer is within its rights to discipline the employee for loss of productivity.
d) Yes, the employee must prove beyond a reasonable doubt that the machinery is unsafe for use before ceasing work.

Answer 41

b) No, the employee may be within his or her right to refuse to operate unsafe machinery.

Question 42

Emmett has worked with the same company since the first day of operation and has the greatest seniority of all employees. When Emmett learns that Raj, a relatively new employee, was disciplined for accosting a manager after a disagreement, he believes that, unlike Raj, his seniority would prevent him from facing disciplinary action by the employer. Is Emmett’s assertion correct?
a) Yes, seniority is a great factor in disciplinary cases.
b) Yes, but it would also help if he has a clean disciplinary record.
c) No, Emmett’s seniority would not prevent him from facing disciplinary actions by the employer.
d) No, seniority is only applicable to federally regulated employees, which Emmett is not.

Answer 42

c) No, Emmett’s seniority would not prevent him from facing disciplinary actions by the employer.

Question 43

Rachel has committed a wrongdoing. She admitted to her actions and promised to do better. The employer gives her a verbal warning and sends her back to work. Is this proper management approach?
a) No, Rachel’s wrongdoing should be noted in her employee file.
b) Yes, Rachel was apologetic and promised never to do it again.
c) No, An apology and admission of guilt should never be accepted as sufficient justification for employee misconduct.
d) Yes, the employer has initiated the first stage of progressive discipline.

Answer 43

d) Yes, the employer has initiated the first stage of progressive discipline.

Question 44

Which body of law typically provides greater notice requirements?
a) The ESA.
b) The Canada Labour Code.
c) The Common Law.
d) The provincial Human Rights Code.

Answer 44

c) The Common Law.

Question 45

When is a court most likely to uphold common law notice requirements?
a) When an employment contract does not meet ESA minimums.
b) When an employment contract exceeds ESA minimums.
c) When judicial notice is necessary.
d) When the employee sues the employer.

Answer 45

a) When an employment contract does not meet ESA minimums.

Question 46

All of the following are factors in calculating reasonable notice under the common law, except:
a) The employee’s length of service.
b) The employee’s age.
c) The employee’s living expenses.
d) The employee’s ability to find new employment.

Answer 46

c) The employee’s living expenses.

Question 47

Which leading case forms the basis of reasonable notice under the Common law?
a) Walter v. The Globe and Mail Limited
b) Bardal v. The Globe and Mail Ltd.
c) R v. Bardal
d) Bardal v. The Government of Ontario

Answer 47

b) Bardal v. The Globe and Mail Ltd.

Question 48

Your employer asks you to review a termination for cause package. The employer wants the reason for termination documented. You should ensure all of the following, except:
a) Ensure statutory minimums are met.
b) Ensure reasons for termination are given.
c) Ensure language is clear and unambiguous.
d) Ensure to include a letter of reference.

Answer 48

d) Ensure to include a letter of reference.

Question 49

Each of the following prescribes an employer’s obligations in treating an employee fairly during the course and end of employment, except:
a) The Ontario Human Rights Commission Workplace Settings White Paper.
b) The ESA.
c) The Canada Labour Code.
d) The Common Law.

Answer 49

a) The Ontario Human Rights Commission Workplace Settings White Paper.

Question 50

Which of the following is correct about employment contracts in the sale of businesses?
a) New contracts are created with the consideration being the continuation of employment.
b) Employees usually maintain their rights regardless of new ownership.
c) Employees’ rights are no longer the same under new ownership.
d) The previous contractual agreement is no longer valid.

Answer 50

b) Employees usually maintain their rights regardless of new ownership.

Question 51

What would you advise your new employer who wishes to re-negotiate employee contracts?
a) The employer can implement the new contract without employee consent.
b) The employer is free to make changes that do not go to the core of the contract.
c) The employer is burdened with keeping the old contract.
d) The new contract must provide new consideration in order to be enforceable.

Answer 51

d) The new contract must provide new consideration in order to be enforceable.

Question 52

Why can it be risky for an employer to rely on a termination clause in the current employment landscape?
a) Termination clauses are NEVER upheld by courts.
b) Current jurisprudence is changing with regard to termination clauses, and they are very seldom being upheld by courts at the moment, even if they are well drafted.
c) Termination clauses are unfair to employees.
d) Drafting a termination clause the courts will uphold is often expensive and time consuming; such clauses are rarely worth the expense.

Answer 52

b) Current jurisprudence is changing with regard to termination clauses, and they are very seldom being upheld by courts at the moment, even if they are well drafted.

Question 53

Which statute sets out the amount of notice employers in the province of Ontario are required to provide their employees upon termination?
a) The Employment Act
b) The Employment Standards Act
c) The Canada Labour Code
d) None of the above. This is the domain of the employment contract.

Answer 53

b) The Employment Standards Act

Question 54

What is the prudent course of action to take when you are tasked with terminating the employment of an employee who exhibits poor performance that falls short of just cause?
a) Wait for the employee to make a mistake that will justify termination with cause.
b) Suggest that the termination be delayed in case the employee’s performance improves.
c) Provide the employee with a working notice so that the employee can train the replacement.
d) Terminate the employee and provide pay in lieu of notice.

Answer 54

d) Terminate the employee and provide pay in lieu of notice.

Question 55

Which recent landmark case makes it more difficult to terminate federally regulated employees without cause?
a) Wilson v. Atomic Energy Canada Ltd.
b) R v. Bardal
c) Bardal v. The Globe and Mail Ltd.
d) Toronto Electric Commissioners v. Snider

Answer 55

a) Wilson v. Atomic Energy Canada Ltd.

Question 56

According to the ESA, how much notice of termination is an employee of 4 months entitled to?
a) 1 month
b) 1 week
c) 4 weeks
d) No notice is required.

Answer 56

b) 1 week

Question 57

Which of the following generally provides the least generous legal termination notice period?
a) The Employment Standards Act
b) The collective bargaining contract
c) The Common Law
d) The employment contract

Answer 57

a) The Employment Standards Act

Question 58

Which part of the employment contract poses the most liability for employers?
a) The probationary clause
b) The retirement clause
c) The dress code
d) The termination clause

Answer 58

d) The termination clause

Question 59

Which of the following behaviours is most likely to provide grounds for termination with cause?
a) Sexual assault
b) Attendance problems
c) Drug abuse
d) Alcoholism

Answer 59

a) Sexual assault

Question 60

Which four factors are generally considered the most important when determining the amount of notice a terminated employee is entitled to?
a) Age, length of service, character of employment, likelihood of finding similar employment
b) Age, reason for termination, character of employment, length of service
c) Character of employment, dependency upon employment, reason for termination, likelihood of finding other work
d) Age, living expenses, labour market, job turnover rate, business savvy

Answer 60

a) Age, length of service, character of employment, likelihood of finding similar employment

Question 61

Why should HR professionals tread carefully when terminating an employee for alcoholism?
a) Such an employee will be much more prone to lashing out.
b) Terminating an employee with an addiction can lead to low morale in the workplace.
c) Termination of such an employee can result in a finding of discrimination.
d) Terminating an employee with an addiction can lead to negative public relations.

Answer 61

c) Termination of such an employee can result in a finding of discrimination.

Question 62

What is the intent behind wrongful dismissal damages?
a) To ensure the ESA standards are met.
b) To put the employee in the same financial position as if the employee had worked through the notice period.
c) To ensure that employees are treated fairly.
d) To punish the employer.

Answer 62

b) To put the employee in the same financial position as if the employee had worked through the notice period.

Question 63

Which case spells out the circumstances where dishonesty may merit termination with cause?
a) Mckinley v. B.C. Tel
b) Bardal v. The Globe and Mail Ltd.
c) Toronto Electric Commissioners v. Snape
d) Mckinley v. Ontario

Answer 63

a) Mckinley v. B.C. Tel

Question 64

Why should company culture always be considered when determining whether your employer has just cause to terminate an employee?
a) It may explicitly prohibit termination.
b) If your company culture is very strict, it may broaden the circumstances under which an employee could be terminated.
c) In companies with a permissive work environment, it may be more difficult to justify termination with cause.
d) An understanding of the company culture may soften the blow of termination.

Answer 64

c) In companies with a permissive work environment, it may be more difficult to justify termination with cause.

Question 65

Mckinley v. B.C. Tel is useful for HR professionals because it helps explain the important principles of:
a) Context and proportionality
b) Termination and severance
c) Health and safety
d) Progressive discipline

Answer 65

a) Context and proportionality

Question 66

Generally speaking, can an employee’s behaviour while off the clock present grounds for termination with cause?
a) Absolutely, even for minor infractions.
b) It can, but only if the behaviour would be grounds for termination while on the clock as well.
c) Not generally, but there are exceptions for more extreme cases.
d) Never.

Answer 66

c) Not generally, but there are exceptions for more extreme cases.

Question 67

Under the common law what are the two recognized types of absenteeism?
a) Innocent and devious
b) Culpable and devious
c) Innocent and culpable
d) Devious and excusable

Answer 67

c) Innocent and culpable

Question 68

What is the definition of innocent absenteeism?
a) Absences that occur for reasons outside of an employee’s control
b) Absences that only occur without giving the employer prior notice
c) Any unintended absences on the part of the employee
d) Any justifiable absences

Answer 68

a) Absences that occur for reasons outside of an employee’s control

Question 69

What is progressive discipline?
a) A series of incremental job adjustments designed to eliminate poor employee behaviour
b) The method of discipline suggested by the Employment Standards Act
c) A series of punishments and rewards that modifies employee behaviour for the better
d) A series of escalating warnings and punishments intended to correct poor behavior

Answer 69

d) A series of escalating warnings and punishments intended to correct poor behavior

Question 70

What is a cooling off period in the context of employee resignation?
a) The period of time given to the employee to reconsider and rescind the resignation without punishment
b) The amount of time elapsed between the resignation and the employee’s last day of work
c) The period of time wherein the employee continues to work for the employer until a replacement can be arranged
d) The period of time given to the employer to offer a better employment contract to retain the employee

Answer 70

a) The period of time given to the employee to reconsider and rescind the resignation without punishment

Question 71

What are the benefits to providing employees who have resigned during a heated argument or period of high stress with a cooling off period?
a) It allows employees to feel more control over their employment situation.
b) It allows for mediation and can improve employees’ morale.
c) It helps retain valuable employees and avoid allegations of wrongful termination.
d) It improves employment relations and leads to more grateful employees

Answer 71

c) It helps retain valuable employees and avoid allegations of wrongful termination.

Question 72

What is generally considered the best way to serve an employee with a notice of termination?
a) Electronically
b) Via registered mail
c) In person
d) Via telephone

Answer 72

c) In person

Question 73

Which of the following employees are often not entitled to notice of termination under the ESA?
a) Ship builders and construction workers
b) Retail workers and construction workers
c) Ship builders and retail workers
d) Ship builders, retail workers, and construction workers

Answer 73

a) Ship builders and construction workers

Question 74

If between 50 and 199 employees are subject to a mass termination, how much notice are the employees entitled to?
a) 16 weeks
b) 12 weeks
c) 10 weeks
d) 8 weeks

Answer 74

d) 8 weeks

Question 75

Which of the following is least likely to be considered a constructive dismissal?
a) Requiring a major relocation, such as a move across the country
b) Significant changes to an employee’s job duties
c) Significant changes to an employee’s volume of work hours and weekly schedule.
d) Transferring an employee from one worksite to another within the same city on short notice (as long as the employee has access to a vehicle)

Answer 75

d) Transferring an employee from one worksite to another within the same city on short notice (as long as the employee has access to a vehicle)

Question 76

In its most basic form, any temporary layoff longer than ____ weeks of a 20-week period will be considered a constrictive dismissal.
a) 10
b) 8
c) 13
d) 12

Answer 76

c) 13

Question 77

An employer’s duty to compensate a wrongfully terminated employee is tempered by the employee’s duty to ______ damages.
a) Lessen
b) Determine
c) Mitigate
d) Frustrate

Answer 77

c) Mitigate

Question 78

The likelihood of proving just cause is ________ when using progressive discipline.
a) Increased
b) Unchanged
c) Decreased
d) Almost guaranteed

Answer 78

a) Increased

Question 79

All of the following are required if an employer wants to terminate an employee for just cause for a conflict of interest, EXCEPT:
a) A clear policy regarding conflict of interest
b) Having made the employee aware that the conflict of interest will result in dismissal
c) The potential for the employer to be harmed by the conflict
d) Having given the employee a second chance

Answer 79

d) Having given the employee a second chance

Question 80

Employers are required to accommodate employees who have disabilities to the point of ___________.
a) Reasonableness
b) Fairness
c) Undue Hardship
d) Undue Stress

Answer 80

c) Undue Hardship

Question 81

What are the three paramount considerations when determining whether or not an accommodation presents undue hardship?
a) Cost, reasonableness, fairness
b) Fairness, outside sources of funding, fairness
c) Willingness, cost, appropriateness
d) Cost, outside sources of funding, health and safety concerns

Answer 81

d) Cost, outside sources of funding, health and safety concerns

Question 82

More than half of job accommodations for employees with disabilities cost _________.
a) Less than $5,000
b) More than $1,000
c) Less than $100
d) Less than $500

Answer 82

d) Less than $500

Question 83

In order for costs to be taken into account as a factor for undue hardship, the employer must prove that they are directly related to accommodation and ____________.
a) Unavoidable
b) Quantifiable
c) Unreasonable
d) Very expensive

Answer 83

b) Quantifiable

Question 84

Contracts can be ________ .
a) Written, oral, or implied
b) Written or oral
c) Oral or implied
d) Written only

Answer 84

a) Written, oral, or implied

Question 85

Which of the following is not an essential element of a contract?
a) Offer
b) Fairness
c) Consideration
d) Acceptance

Answer 85

b) Fairness

Question 86

What is required in order to make changes to an existing contract?
a) Fresh consideration
b) Compensation
c) Legality
d) Unilateral acceptance

Answer 86

a) Fresh consideration

Question 87

Contracts cannot be ___________.
a) Unfair
b) Uneven
c) Unconscionable
d) Implied

Answer 87

c) Unconscionable

Question 88

Courts can choose not to uphold a contract that was signed many years ago if it is___________.
a) Lacking fresh consideration
b) Obsolete
c) Unfair
d) No longer relevant

Answer 88

b) Obsolete

Question 89

Which of the following is not one of the basic terms or clauses of an employment contract?
a) Termination clause
b) Wage
c) Job description
d) Punishment clause

Answer 89

d) Punishment clause

Question 90

The following are true for independent contractors in Ontario, EXCEPT:
a) They are generally not entitled to notice of termination.
b) Employers can face prosecution by the Ministry of Labour for misclassifying employees as independent contractors.
c) They and/or their employer must apply to the Ministry of Labour annually to maintain their independent contractor status.
d) They use their own equipment.

Answer 90

c) They and/or their employer must apply to the Ministry of Labour annually to maintain their independent contractor status.

Question 91

Under what circumstance are independent contractors sometimes entitled to notice of termination?
a) They are a team member on a very large project.
b) They work for a single client.
c) Their contract is longer than one year.
d) They work for a project where the client is responsible for all costs.

Answer 91

b) They work for a single client.

Question 92

Collective agreements exist ____________ employment contracts for unionized workers.
a) In addition to
b) Alongside of
c) In place of
d) In order to supplement

Answer 92

c) In place of

Question 93

Collective agreements are built through a process known as
a) Collective debate
b) Collective drafting
c) Workplace bargaining
d) Collective bargaining

Answer 93

d) Collective bargaining

Question 94

Who bears the onus of proving that the worker is an employee rather than an independent contractor?
a) The worker.
b) The Ministry of Labour.
c) The employer.
d) This has always been a shared burden.

Answer 94

a) The worker.

Question 95

An otherwise valid termination may be considered wrongful dismissal if an employer fails to ________ during the termination notice period.
a) Treat an employee with respect
b) Provide continuance of benefits
c) Allow the employee to look for alternate work during company time
d) Actively monitor the employees attempt to mitigate their damages

Answer 95

b) Provide continuance of benefits

Question 96

Which of the following is not included in a proper termination package?
a) Bonuses
b) Pension contributions
c) Benefits packages
d) Compensation for pain and suffering

Answer 96

d) Compensation for pain and suffering

Question 97

A terminated employee is not entitled to receive compensation for __________ as part of his or her termination package.
a) A company car
b) Insurance benefits
c) The loss of personal professional reputation
d) Meal expenses

Answer 97

c) The loss of personal professional reputation

Question 98

Unless their employment contract states otherwise, employees can accrue and exercise stock options ___________.
a) Until the day of their termination
b) Within one week after their termination
c) Until the end of their notice period
d) Up to one year after their date of termination

Answer 98

c) Until the end of their notice period

Question 99

Employers may not have to pay bonuses to a terminated employee during the employee’s notice period if the bonus in question was _________.
mark a) A regular bonus, received every year
b) Provided for in the employment contract
c) A single gratuitous payment made at the employer’s discretion
d) An annual Christmas bonus that falls within the notice period

Answer 99

c) A single gratuitous payment made at the employer’s discretion

Question 100

In addition to paying bonuses and benefits, employers should also provide compensation for loss of any ______________________ during the termination notice period.
a) Pension entitlements due to market decline
b) Pension entitlements, including any employer contributions
c) Pension entitlements, less all fees and deductions for termination
d) Pension entitlements, unless the employee mitigates

Answer 100

b) Pension entitlements, including any employer contributions

Question 101

The Supreme Court of Canada views work as _____________ in an individual’s daily life.
a) Somewhat important.
b) Fundamental.
c) Irrelevant.
d) Both (a) and (b).

Answer 101

b) Fundamental.

Question 102

Unionized employees are never governed by employment legislation.
a) True
b) False

Answer 102

b) False

Question 103

In the historic context of the employer-employee relationship, which party traditionally had all the power?
a) Employers.
b) Employees.
c) Neither.

Answer 103

a) Employers.

Question 104

Which of the following is NOT a source of employment law?
a) Common Law
b) Constitutional law.
c) Biblical law.
d) Statute law.

Answer 104

c) Biblical law.

Question 105

The Canadian court system is hierarchical. The Ontario Court of Appeal is bound by which court’s decisions?
a) The Saskatchewan Court of Appeal.
b) The Supreme Court of Canada.
c) The Ontario Superior Court.
d) Both (a) and (b).

Answer 105

b) The Supreme Court of Canada.

Question 106

Which of the following is TRUE of tribunals?
a) They are not courts.
b) They have court-like powers.
c) They are informal dispute resolution mechanisms.
d) All of the above.

Answer 106

d) All of the above.

Question 107

How many readings must occur to pass a bill in the legislature?
a) One.
b) Two.
c) Three.
d) None of the above.

Answer 107

c) Three.

Question 108

What is the role of the Senate at the provincial level?
a) It reviews bills.
b) It drafts bills.
c) There is no Senate at the provincial level.
d) Both (a) and (b).

Answer 108

c) There is no Senate at the provincial level.

Question 109

The decisions of the judicial branch contribute to which source of law?
a) Statute law.
b) Common Law.
c) Constitutional law.
d) None of the above.

Answer 109

b) Common Law.

Question 110

State the significance of the principle stare decisis.
a) It underlies common law decisions.
b) It is the doctrine of precedent.
c) It is a Latin term.
d) All of the above.
e) Both (a) and (b).

Answer 110

d) All of the above.

Question 111

Which of the following forms the basis of the Constitution of Canada?
a) The British North America Act.
b) The Canadian Charter of Rights and Freedoms.
c) The British Canadian Act.
d) The Canadian Charter of Rights and Religions.
e) Both (a) and (b).

Answer 111

e) Both (a) and (b).

Question 112

What is the principle aim of the Ontario Human Rights Code?
a) Permit discrimination
b) Prevent discrimination.
c) Remedy discrimination.
d) Justify discrimination.

Answer 112

e) Both (b) and (c).

Question 113

Which of the following is not true of the modern employment landscape in Canada?
a) The landscape as a whole is undergoing change.
b) The use of contract workers in on the rise.
c) Workers are likely to hold a single job their entire lives.
d) Employees are more likely to have a number of different jobs (and even careers).

Answer 113

c) Workers are likely to hold a single job their entire lives.

Question 114

Why has the nature of the employment context in Canada become so diverse within the past decade?
a) The rise of contract workers.
b) The growing use of independent contracts.
c) The increasing impermanent nature of employment.
d) All of the above.

Answer 114

d) All of the above.

Question 115

Why is adaptability one of the most important skills that Human Resource Professionals can possess?
a) Adaptability is the only major skill Human Resource Professionals will need.
b) Human Resource Professionals are likely to hold a number of different roles during their careers.
c) Employment contexts are incredibly diverse in the modern employment landscape.
d) Both (b) and (c)

Answer 115

d) Both (b) and (c)

Question 116

Which of the following is not a benefit of using a customized approach to situations that arise in the workplace?
a) Using a customized approach is less likely to create legal liabilities.
b) Customization is going to be faster than a one size fits all approach.
c) A customized approach better reflects the realities of the workplace.
d) The customized approach allows HR professionals to better respond to difficult situations.

Answer 116

b) Customization is going to be faster than a one size fits all approach.

Question 117

Which of the following situations would benefit from the use of a customized approach?
a) Accommodating an employee with a disability.
b) Terminating an employee.
c) Drafting employment contracts.
d) All of the above.

Answer 117

d) All of the above.

Question 118

Which of the following is an ideal way for Human Resource Professionals to prepare themselves for the unique situations they will face on the job?
a) Learning the company culture.
b) Seeking advice from senior HR professionals.
c) Having a solid basis in the legal areas they will be covering.
d) All of the above.

Answer 118

d) All of the above.

Question 119

What is the first step that a Human Resource Professional should take when drafting a new risk-management plan? a) Identify the risk.
b) Recycle as much of their old plan as possible.
c) Ask for direction from company management.
d) All of the above.

Answer 119

a) Identify the risk.

Question 120

Generally speaking, which area of employment is likely to present the most risk for employers, and should be the major focus of a risk-management plan?
a) Break-room conduct.
b) Employee conduct outside of the workplace.
c) Discipline and termination.
d) Training.

Answer 120

c) Discipline and termination.

Question 121

Why should accommodating employees with disabilities be included in any comprehensive risk-management plan?
a) It represents a large degree of liability for a company.
b) It can be very complicated to execute.
c) It is the right thing to do.
d) All of the above.

Answer 121

d) All of the above.

Question 122

What is the duty of HR professionals with regards to risks in employment law?
a) HR professionals should focus on exposing risk.
b) HR professionals should focus on hiding risk from employees and customers.
c) HR professionals should focus on identifying and mitigating risk.
d) All of the above.

Answer 122

c) HR professionals should focus on identifying and mitigating risk.

Question 123

Which of the following is generally TRUE of independent contractors?
a) They set their own hours.
b) They wear the company uniform.
c) They undergo regular employee evaluations.
d) They receive the same level of supervision as other employees.

Answer 123

a) They set their own hours.

Question 124

What are potentially some of the benefits of a well-written termination clause in an employment contract?
a) It can help employers avoid unnescessary litigation.
b) It is required by law if the employer wishes to terminate the employee without notice.
c) It ensures that both parties are aware of their rights and responsibilities during the termination process.
d) Both (a) and (c).

Answer 124

d) Both (a) and (c).

Question 125

Which of the following clauses should be included in an employment contract?
a) A termination clause.
b) A severance clause.
c) Term or length of employment.
d) All of the above.
e) Both (a) and (c).

Answer 125

d) All of the above.

Question 126

Nathan offers Jeff $100 dollars to paint his house. Jeff responds, “Ill paint your house and garage for $150.” Nathan does not respond to Jeff’s statement. What does this represent?
a) An employment contract that has been fully negotiated.
b) This represents an offer and counter offer only.
c) This constitutes an offer, a counter offer, and consideration.
d) This is only the beginning of a negotiation. None of the factors required for a binding contract are present.

Answer 126

c) This constitutes an offer, a counter offer, and consideration.

Question 127

How often should an employment contract be updated?
a) Every year.
b) Every three years.
c) Every five years.
d) As often as necessary.

Answer 127

d) As often as necessary.

Question 128

Which of the following statements about a non-compete agreement is correct?
a) A non-compete agreement does not impose limits on where and what type of activity an employee can engage in after the employment relationship ends.
b) The employer can enter into a non-compete agreement with the Chief Executive Officer of the business.
c) A person selling part of all of their business and immediately becomes an employee of the new owner cannot enter into a non-compete agreement with the employer.
d) The employer can prohibit a front-line employee from working for any direct competitors within a 25 km radius for 1 year.

Answer 128

b) The employer can enter into a non-compete agreement with the Chief Executive Officer of the business.

Question 129

Which of the following are legally binding contracts?
a) Implied and written contracts.
b) Oral (verbal) contracts.
c) Only written contracts.
d) Both (a) and (b).

Answer 129

d) Both (a) and (b).

Question 130

An employer wants to draft an employment contract. Which of the following would NOT help to minimize the employer’s risk and liability?
a) Meet or exceed statutory standards.
b) Use clear plain language.
c) Use standard boilerplate contracts.
d) Explain complicated areas to the employee.

Answer 130

c) Use standard boilerplate contracts.

Question 131

Which of the following is NOT an advantage presented by hiring independent contractors?
a) Tax is paid by the contractor, not the employer.
b) Employers do not have to pay into WSIB, EI, and other programs on the contractors behalf.Employers do not have to pay into WSIB, EI, and other programs on the contractor’s behalf.
c) Independent contractors are not covered by the ESA.
d) Classifying workers as independent contractors is quicker, cheaper, and presents much less liability than taking them on as an employee.

Answer 131

d) Classifying workers as independent contractors is quicker, cheaper, and presents much less liability than taking them on as an employee.

Question 132

What must a party who wishes to change an existing employment contract provide to the other party in order for the changes to be enforceable?
a) Fresh consideration.
b) Six-weeks’ notice.
c) Six-months’ notice.
d) The entire contract must be rewritten.

Answer 132

a) Fresh consideration.

Question 133

What are the primary goals and benefits of employment contracts?
a) To reduce uncertainty in the employment relationship.
b) To outline each party’s rights and responsibilities towards one another.
c) To reduce employee rights.
d) Both (a) and (b).

Answer 133

d) Both (a) and (b).

Question 134

Jane has been terminated without cause by her employer after five months of continuous service. When she started, Jane signed an employment contract that stated she would be considered a probationary employee for the first six months of her employment. Upon termination, she is told that she is not entitled to any notice of termination as she is still considered a probationary employee. Which of the following is correct?
a) Jane’s employer is well within their rights to terminate without notice. This is the very purpose of a probationary period. She is not entitled to any termination notice.
b) Jane’s employer is well within their rights to terminate her without notice. Jane has given up her ESA minimums by signing her employment contract. She is not entitled to any notice.
c) Jane has been terminated without cause, meaning she is not entitled to any notice of termination.
d) Jane’s employer is still required to provide her with one week notice of termination or pay in lieu thereof, as she has been working for more than three months. Any clause in her contract that contradicts her ESA minimums is invalid.

Answer 134

d) Jane’s employer is still required to provide her with one week notice of termination or pay in lieu thereof, as she has been working for more than three months. Any clause in her contract that contradicts her ESA minimums is invalid.

Question 135

Is the following termination clause enforceable: Tyler’s Shoes may terminate your employment at any time, without just cause, provided you are given prior written notice in accordance with the Ontario Employment Standards Act?
a) Courts will always give effect to the contractual intentions of the parties, and not interfer in any way.
b) Probably not. The language is not precise enough, and the courts are currently more willing to override termination clauses.
c) The clear and precise language here makes it certain that a court will uphold this termination clause.
d) Termination clauses are never enforceable, and courts will always impose a Common Law entitlement.

Answer 135

b) Probably not. The language is not precise enough, and the courts are currently more willing to override termination clauses.

Question 136

What are the dangers of relying on a clause in an employment contract that has not been updated or revised in many years?
a) It can make the employer look lazy.
b) There are no dangers, and it is better not to update a contract unless necessary.
c) It is better not to update a contract very often as that creates more opportunities to make mistakes.
d) The contract may be obsolete if the employee has changed roles within the company.

Answer 136

d) The contract may be obsolete if the employee has changed roles within the company.

Question 137

Which of the following best describes the differences between dependent contractors and independent contractors?
a) Independent contractors usually have more than one employer, and do not rely exclusively on a single employer to provide them with an acceptable standard of living. By contrast, a dependent contractor may suffer substantial hardship if they lose a job, as they often rely upon it as a sole source of support.
b) Dependent contractors are merely a subset of independent contractors who fail one or more of the tests that would qualify them as independent contractors. They are not considered employees by their employer, or in the eyes of the law.
c) Any differences between the two have ceased to exist with the passing of Bill 47 into law.
d) They have always been the same in all but name.

Answer 137

a) Independent contractors usually have more than one employer, and do not rely exclusively on a single employer to provide them with an acceptable standard of living. By contrast, a dependent contractor may suffer substantial hardship if they lose a job, as they often rely upon it as a sole source of support.

Question 138

Nathan is an independent contractor who, in order to supplement his retirement income, works as a delivery boy for two pizza companies in his spare time. While the extra money he makes doing this is nice, he does not need it in order to survive, or to maintain an adequate standard of living. How should Nathan be classified?
a) As an independent contractor.
b) As an employee.
c) As a dependant contractor.
d) None of the above.

Answer 138

a) As an independent contractor.

Question 139

What is the major difference between employment law and labour law?
a) They are the same in all but name.
b) Labour law is a subset of employment law.
c) Employment law is a subset of labour law.
d) Labour law refers to the law governing employees who are part of a union or subject to a collective bargaining contract.

Answer 139

d) Labour law refers to the law governing employees who are part of a union or subject to a collective bargaining contract.

Question 140

Which of the following is false of a collective agreement?
a) It exists alongside any pre-existing employment contract.
b) It is generally drafted with input from both parties, as opposed to having been imposed unilaterally.
c) The process of negotiating a collective agreement is known as the collective bargaining process.
d) Collective agreements can often be much more complicated than employment contracts.

Answer 140

a) It exists alongside any pre-existing employment contract.

Question 141

From an employer’s perspective, what are some of the drawbacks of collective agreements?
a) There are no drawbacks as collective agreements are far superior to any alternative.
b) They can be costlier for employers.
c) The collective barging process can be time consuming.
d) Both (b) and (c).

Answer 141

d) Both (b) and (c).

Question 142

Which of the following is NOT a benefit of having a collective agreement in place of an employment contract?
a) It allows for input from both parties.
b) It can help both parties understand each other’s realities and goals.
c) It gives the employer more control than an employment contract.
d) It generally makes for more equal working relationships.

Answer 142

c) It gives the employer more control than an employment contract.

Question 143

The ESA applies to which of the following groups of employees:
a) Federally-regulated and provincially-regulated employees
b) Federally-regulated employees and independent contractors
c) Embassy employees
d) Restaurant servers and baristas

Answer 143

d) Restaurant servers and baristas

Question 144

______________ has the authority to handle ESA complaints?
a) The employee.
b) The employer.
c) The Ministry of Labour.
d) The Ministry of the ESA.

Answer 144

c) The Ministry of Labour.

Question 145

Are managers ever entitled to overtime pay?
a) Possibly, but only if non-managerial duties are performed on a regular basis.
b) Yes, managers are always entitled to overtime under the ESA.
c) No, managers are never entitled to overtime.
d) None of the above.

Answer 145

a) Possibly, but only if non-managerial duties are performed on a regular basis.

Question 146

Which of the following is a correct statement regarding eating periods under the ESA?
a) The employer is not required to provide eating periods to employees
b) The employer is required to provide additional types of breaks to employees
c) Employees must not work for more than five hours in a row without getting a 30-minute eating period free from work
d) Employees must not work for more than four hours in a row without getting a 30-minute eating period free from work

Answer 146

c) Employees must not work for more than five hours in a row without getting a 30-minute eating period free from work

Question 147

Which of the following is a correct statement regarding the three-hour rule?
a) The rule applies to employees whose regular shift is three hours or less
b) The rule does not apply in some cases where the cause of the employee not being able to work at least three hours was beyond the employer’s control
c) The employee must be paid the lesser amount of their regular rate of pay
d) The rule applies to all students with no exceptions

Answer 147

b) The rule does not apply in some cases where the cause of the employee not being able to work at least three hours was beyond the employer’s control

Question 148

According to the ESA how many months must an employee work before they are entitled to notice of termination or termination pay?
a) 3 months of continuous employment.
b) 6 months of continuous employment.
c) 2 months of continuous employment.
d) None of the above.

Answer 148

a) 3 months of continuous employment.

Question 149

Jeanette, who is due to give birth in a week and a half has just started a new job three weeks earlier and now wishes to go on pregnancy leave in one week. Which of the following statements is true?
a) Jeanette is not entitled to pregnancy leave because she has not given her employer two-weeks notice.
b) Jeanette is entitled to the full 17 weeks of pregnancy leave under the ESA.
c) Jeanette is not entitled to pregnancy leave under the ESA because she has not been employed for a minimum of 13 weeks before her due date.
d) Jeanette is not entitled to pregnancy leave because she is still considered a probationary employee.

Answer 149

c) Jeanette is not entitled to pregnancy leave under the ESA because she has not been employed for a minimum of 13 weeks before her due date.

Question 150

Mark decides to take parental leave on May 15th, the day his wife returns to work. He appropriately notifies his employer of his intention before May 1st, 2017. However, when Mark’s wife decides to change her return date to work to later in the month, Mark decides to change the start of his leave to May 30th, 2017. Which of the following dates is the latest Mark could provide his employer with written notice of the new date?
a) May 7, 2017.
b) May 1, 2017.
c) May 15, 2017.
d) May 30, 2017.

Answer 150

b) May 1, 2017.

The latest Mark could provide his employer with notice of his intended change is two weeks prior to the date set out in the original notice. Since May 15th was the date set out in the original notice, Mark could provide written notice to his employer no later than May 1st.

Question 151

What is the principal duty of the Ministry of Labour?
a) Promote occupational health and safety.
b) Prevent workplace injuries.
c) Prevent workplace occupational diseases.
d) All of the above.

Answer 151

d) All of the above.

Question 152

What are the two key principles of the Pay Equity Act?
a) Equal pay for work of equal value.
b) Compliance-based enforcement.
c) None of the above.
d) Both (a) and (b).

Answer 152

d) Both (a) and (b).

Question 153

What does the right of refusal to work entail?
a) The right to refuse work that is not within one’s physical capability.
b) The right to refuse work that is not within one’s job description.
c) The right to refuse work that poses a danger to the worker and to others.
d) The right to refuse work that poses a risk to others, but not to the individual worker.

Answer 153

c) The right to refuse work that poses a danger to the worker and to others.

Question 154

Under the ESA, what is the complete and full definition of a Parent?
a) Birth parents, including heterosexual couples adopting a child.
b) Birth parents and persons with the intention of treating the child as their own, including same-sex couples.
c) Birth parents exclusively.
d) Only a mother is a parent.

Answer 154

b) Birth parents and persons with the intention of treating the child as their own, including same-sex couples.

Question 155

Which of the following is NOT an instance of when the employer is required to review the pay equity plan?
a) Where it has eliminated or adds a position.
b) Where it introduces new technology that affects the value of related jobs.
c) Where the female-to-male employee ratio is 2:1.
d) Where there is a sale or merger of the business.

Answer 155

c) Where the female-to-male employee ratio is 2:1.

Question 156

Identify the fundamental differences between the Pay Equity Act (PEA) and the Employment Equity Act (EEA).
a) Both are provincial statutes.
b) The PEA ensures gender equality while the EEA resolves employment equity issues.
c) The PEA is a provincial statue, while the EEA is a federal statute.
d) Both (b) and (c).

Answer 156

d) Both (b) and (c).

Question 157

Employment equity does NOT aim to improve job opportunities for which of the following groups?
a) Women.
b) Men.
c) Visible Minorities.
d) People with disabilities.

Answer 157

b) Men.

Question 158

In situations of weight discrimination, which prohibited ground could be cited in a human rights application?
a) Weight discrimination.
b) Sexual assault.
c) Sexual harassment.
d) Sexual misconduct.

Answer 158

c) Sexual harassment.

Question 159

Which section of the Code allows for individual workers, not employers, to be personally named in a human rights application?
a) Section 5.
b) Section 5(2).
c) The preamble.
d) Section 15.

Answer 159

b) Section 5(2).

Section 5(2) of the Code provides for a harassment-free working environment by the employer, the employer’s agent or by another employee. Therefore, individual workers could be personally named in a human rights application, rather than the employer.

Question 160

What lessons should the Westray law emphasize for HR professionals?
a) Occupational health and safety is no longer just a regulatory matter, it can now have criminal consequences.
b) The seriousness of conforming to the OHSA.
c) The OHSA no longer has the legal clout it once did.
d) Both (a) and (b).

Answer 160

d) Both (a) and (b).

Question 161

Do online communications amount to workplace harassment?
a) No, they are simply online communications.
b) Yes, they can amount to workplace harassment, even outside the workplace.
c) Yes, but it must be done on a computer at work.
d) None of the above.

Answer 161

b) Yes, they can amount to workplace harassment, even outside the workplace.

Question 162

Employers are entitled to stop the hiring process of a specific individual at any time, provided they do not do so for which of the following reasons:
a) Personal reasons.
b) Because the candidate is unqualified.
c) Any reason which violates statue or Common Law.
d) The thrill of it.

Answer 162

c) Any reason which violates statue or Common Law.

Question 163

What are the two main areas of law that influence the hiring stage?
a) ESA and the Common Law.
b) Common Law and human rights.
c) Common Law and the Canada Labour Code.
d) The ESA and the Canada Labour Code.

Answer 163

b) Common Law and human rights.

Question 164

Which of the following can an employer safely ask an employee during the interview stage?
a) Their marital status
b) Their age.
c) Their relevant work experience.
d) Work availability.
e) Both (c) and (d).

Answer 164

c) Their relevant work experience.

Employers and HR professionals should ask questions that are directly relevant to the employee’s ability to do the job that they are applying for. Even innocuous questions about which days of the week an employee is able to work can be seen as discriminatory if they can be linked to protected grounds.

Question 165

Which of the following is NOT an exception to the employer’s duty to hire without discrimination based on protected grounds?
a) Bona fide occupational requirements.
b) Nepotism policies.
c) Affirmative action programs.
d) The hospitality industry.

Answer 165

d) The hospitality industry.

Question 166

According to the ESA, which party or parties must be honest during the hiring process
a) Employers and employees.
b) Employers.
c) Receptionists.
d) All of the above.

Answer 166

b) Employers.

Only employers must be honest according to current law. There is no specific legislation requiring employees to be honest. However, dishonesty could cost them the job in the future, and should be actively avoided by both parties.

Question 167

If an employee lies during their interview in order to get a job that they are applying for, can they later be terminated with cause for this lie?
a) Only if the lie is a minor one.
b) If the lie results in them being offered the job.
c) If the lie is a major one.
d) All of the above.
e) Both (b) and (c).

Answer 167

e) Both (b) and (c).

Employees can be terminated for misrepresentations made during the hiring process, but only if the lie was a relativity substantial one, and resulted in them being offered the job. Lying about having the required education or qualifications would often qualify.

Question 168

Under what circumstances would conducting a police records check on an applicant be a prudent measure to undertake?
a) If the applicant looks shady.
b) If the applicant has bad credit.
c) If the job requires the candidate to work with children or other vulnerable persons.
d) All of the above.

Answer 168

c) If the job requires the candidate to work with children or other vulnerable persons.

Question 169

What impact does Bill 113 have on the use of background checks by employers?
a) Bill 113 makes background checks illegal.
b) Bill 113 restricts background checks to public service positions.
c) Bill 113 standardizes the way information may be requested and puts limits on what can be disclosed.
d) Both (b) and (c).

Answer 169

c) Bill 113 standardizes the way information may be requested and puts limits on what can be disclosed.

While Bill 113 does not make background checks illegal it does put certain limits on them. In order to avoid a large fine, HR professionals should be well aware of the changes that Bill 113 has made to background checks.

Question 170

When hiring an independent contractor to fill a position which was previously staffed by a regular employee, which of the following should an HR professional keep in mind?
a) Bona fide occupational requirements.
b) Dependent contractors are often entitled to notice of termination.
c) Employees often misrepresent themselves as independent contractors during the hiring process.
d) The shifting legal landscape regarding the classification of independent contractors.

Answer 170

d) The shifting legal landscape regarding the classification of independent contractors.

Question 171

Which of the following is not true of background checks?
a) They should be performed whenever possible.
b) They require the applicants written consent.
c) They should only collect work-related information.
d) The more ones job exposes others to risk of harm, the greater the impetus there is on their employer to perform the background check.

Answer 171

a) They should be performed whenever possible.

Question 172

An HR professional should ensure an employer ______________________ throughout the interview process.
a) Ignores the Code.
b) Does not violate the Code.
c) Asks for supporting medical documentation.
d) Both (b) and (c).

Answer 172

b) Does not violate the Code.

Question 173

A candidate reveals she is recovering from substance abuse. The employer CANNOT do which of the following?
a) The employer cannot terminate the interview as a result of the disability.
b) The employer can terminate the interview since substance abuse is not a disability.
c) The employer cannot refuse to hire the candidate as a result of the disability.
d) Both (a) and (c).

Answer 173

d) Both (a) and (c).

Question 174

Identify which of the following is NOT an aspect of the process of creating an accommodation plan:
a) Dignity.
b) Individualization.
c) Inclusion.
d) Ensuring equality.

Answer 174

d) Ensuring equality.

Question 175

In situations of prima facie discrimination during the hiring process, ___________________ bears the burden of proof.
a) The Employee.
b) The Union.
c) The Employer.
d) All of the above.

Answer 175

c) The Employer.

Question 176

Does discrimination without malice still amount to discrimination under the Code?
a) No, the Code considers intent a determining factor of discrimination.
b) Yes, the Code neither considers intent nor makes exceptions.
c) Intent is only considered when assessing damages.
d) Both (a) and (c).

Answer 176

c) Intent is only considered when assessing damages.

Question 177

What is a potential consequence of the employer violating the Code?
a) Damages could be awarded to the injured party.
b) The employer may have to overhaul its hiring practices.
c) The employer could receive a disciplinary warning.
d) Both (a) and (b).

Answer 177

d) Both (a) and (b).

Question 178

Which of the following is NOT an exemption under the Code?
a) Medical or personal attendants.
b) Indigenous programs.
c) Special service organizations.
d) Special (affirmative action) programs.

Answer 178

b) Indigenous programs.

Aboriginal programs are not exempt from the effects of the Code. However, programs pertaining to this group may be exempt under the special service organizations.

Question 179

How should HR professionals deal with the issue of tobacco addiction in the workplace?
a) They should ignore it. This form of addiction is not considered a disability under the Code.
b) They should allow those addicted to tobacco to smoke inside.
c) They should recognize that this is an area of the law that is currently in flux, and the issue of whether a smoking addiction is considered a disability has not been satisfactorily resolved at this time.
d) Both (a) and (b).

Answer 179

c) They should recognize that this is an area of the law that is currently in flux, and the issue of whether a smoking addiction is considered a disability has not been satisfactorily resolved at this time.

Question 180

What risks are attributed to neutral rules in the workplace?
a) They may have a negative impact on individuals.
b) They are neutral, thus there are no negative impacts.
c) If they benefit the business, then it is absolutely neutral.
d) Neutral rules are always neutral.

Answer 180

a) They may have a negative impact on individuals.

The Code considers a neutral rule discriminatory if that rule has a negative impact on individuals. That is, simply because a rule seems neutral on the surface and benefits the business, it may still amount to discrimination.

Question 181

When Ontario’s Human Rights Code conflicts with other provincial legislation, which legislation must employers follow?
a) The Canadian Human Rights Act.
b) The Ontario Human Rights Code.
c) The Employment Standards Act.
d) Both (a) and (b).

Answer 181

b) The Ontario Human Rights Code.

If Ontario’s Human Rights Code conflicts with other provincial legislation, employers are required to follow the Code, unless indicated otherwise. This is due to the importance attributed to the Code and its quasi-constitutional status.

Question 182

What is the equivalent of the Ontario Human Rights Code at the federal level?
a) The Canadian Human Rights Code.
b) The Canadian Human Rights Act.
c) The Canadian Rights and Freedoms.
d) All of the above.

Answer 182

b) The Canadian Human Rights Act.

Question 183

Bona fide occupational requirements (BFORs) must be integral to the performance of the job.
a) True
b) False

Answer 183

a) True

Question 184

The medical or personal attendant exemption applies to parents seeking a nanny for their healthy children.
a) False
b) True

Answer 184

a) False

Question 185

The Meiorin test is only applicable to direct discrimination and not to constructive discrimination.
a) True
b) False

Answer 185

b) False

The Meiorin test is applicable to both direct AND constructive discrimination.

Question 186

Which of the following is the most cited ground in human rights applications?
a) Disability.
b) Race.
c) Reprisal.
d) Sex, pregnancy and gender.

Answer 186

a) Disability.

Question 187

The duty to accommodate is a shared responsibility. The person in need of accommodation is required to notify the employer or provide documentation as proof.
a) True
b) False

Answer 187

a) True

The duty to accommodate is a shared responsibility, requiring the person in need of accommodation to alert the employer and provide documentation as proof.

Question 188

Which of the following is NOT a consideration of undue hardship?
a) Cost.
b) Customer preference.
c) Outside sources of funding.
d) Health and safety requirements.

Answer 188

b) Customer preference.

Question 189

Which aspect of the employer’s obligation would the following scenario violate? Installing a wheelchair entrance at the rear of the building or near the garbage is undignified and a violation the Code.
a) Individualization.
b) Dignity.
c) Decency.
d) Inclusion.

Answer 189

b) Dignity.

Question 190

Most accommodations in the workplace are inexpensive and are often not difficult to fulfill.
a) True
b) False

Answer 190

a) True

According to the Commission’s guidelines, more than two-thirds of job accommodations are indeed affordable costs to the employer. Many accommodations cost nothing at all.

Question 191

What is the greatest difficulty facing the courts when dealing with religious organizations and human rights?
a) Striking the appropriate balance between employer interests and employee rights.
b) Striking a balance between competing rights of different employees.
c) No difficulty exists, as courts rely on precedents.
d) Both (a) and (b).

Answer 191

a) Striking the appropriate balance between employer interests and employee rights.

The difficulty facing courts is striking a balance between the competing rights of employees to be free of discrimination in the workplace and the right of a religious organization to hire individuals that conform to its faith and beliefs.

Question 192

The prohibited ground of gender identity/gender expression does NOT include which of the following:
a) A transgendered person.
b) A female.
c) Cross-dressers.
d) Transsexuals and intersex persons.

Answer 192

b) A female.

Question 193

Consider whether gender expression and sexual orientation are fundamentally the same.
a) Yes, as they as interrelated.
b) Yes, as both terms are used interchangeably.
c) No, the terms are mutually exclusive of each other.
d) Both (a) and (b).

Answer 193

c) No, the terms are mutually exclusive of each other.

Question 194

Is it appropriate to request supporting medical documentation of an employee’s gender transition?
a) Yes, it is within the rights of the employer.
b) No, it violates the rights of the employee.
c) Yes, because medical documentation would support the process.
d) No, because it is rude to ask.

Answer 194

b) No, it violates the rights of the employee.

The employer should not request medical documentation proving an employee’s gender transition, as this would not happen in other situations, such as sexual orientation. Requesting this sort of information may amount to discrimination.

Question 195

Identify the false claim pertaining to disabilities.
a) Disabilities are always evident.
b) There are mental or physical disabilities.
c) Employers must accommodate non-evident disabilities.
d) Both (a) and (b).

Answer 195

a) Disabilities are always evident.

Question 196

It is important to treat physical and mental disorders the same, as a failure to do so would result in ___________________?
a) Reduced benefits.
b) Discrimination.
c) Accommodation.
d) Favouritism.

Answer 196

b) Discrimination.

Question 197

What is the significance of the Meiorin case to employment law?
a) It established a two-prong test to allow a discriminatory rule.
b) It established a three-prong test to allow a discriminatory rule.
c) It established a high threshold pertaining to the concept of undue hardship.
d) Both (b) and (c).

Answer 197

d) Both (b) and (c).

The Meiorin case established a three-prong test an employer must pass in order to successfully enforce a discriminatory rule. This test requires the employer demonstrate that it is impossible to accommodate the disability without undue hardship – which is a high threshold to achieve.

Question 198

How could an employer be in violation of Ontario’s Human Rights Code by requiring language proficiency?
a) Where the job requires little interaction with the public.
b) If language proficiency is necessary to serving clients.
c) If language proficiency is considered a BFOR.
d) Both (b) and (c).

Answer 198

a) Where the job requires little interaction with the public.

Question 199

Do tribunals believe parenthood is a choice?
a) Yes, they believe it is a choice.
b) No, it is not a choice unless you have more than two kids.
c) No, they reject the notion that it is a choice.
d) Tribunals have not taken a position on the issue.

Answer 199

c) No, they reject the notion that it is a choice.

The current pattern has suggested that adjudicators reject the notion that having children and caring for children is a personal choice. Therefore, employment requirements that interfere with family-care responsibilities are discriminatory and require accommodation.

Question 200

For employers trying to create workplace schedules, it is often difficult to balance the rights of employees with _____________ with those of employees with ________________?
a) Seniority; No family obligations.
b) Family obligations; Seniority.
c) Family obligation; Bitterness.
d) All of the above.

Answer 200

b) Family obligations; Seniority.

Potential issues may arise with balancing the rights of employees with family obligations and the competing rights of individuals with seniority and who have rightfully earned the opportunity to work day shifts.

Question 201

Under the ESA which of the following occupations are NOT entitled to notice of termination or pay in lieu thereof?
a) Ship Builders.
b) Retail Workers.
c) Janitorial staff.
d) Gardeners.

Answer 201

a) Ship Builders.

Question 202

Which of the following scenarios most closely resembles a situation where an employer will be able to terminate an employee with cause?
a) The employee is late arriving to work once every few weeks.
b) The employee is occasionally rude to customers.
c) The employee has a loud screaming fight with their manager, within earshot of other employees. This behaviour is not unknown, but has not been documented or addressed by the employer.
d) The employee commits a single act of sexual assault against another employee.

Answer 202

d) The employee commits a single act of sexual assault against another employee.

Question 203

When attempting to prove termination with cause, which of the following steps should HR professionals NOT take to substantiate their claim?
a) Keep a record of patterns of misconduct by the employee.
b) Demonstrate attempts to warn the employee of their improper behaviour.
c) Keep a detailed record of the meeting with the employee in which their behaviour was discussed, and any lesser punishments that were administered in an effort to improve their behaviour.
d) Admonish the employee in question in front of the rest of the staff and make sure everyone knows that they will be terminated if their behaviour doesn’t improve.

Answer 203

d) Admonish the employee in question in front of the rest of the staff and make sure everyone knows that they will be terminated if their behaviour doesn’t improve.

Question 204

On January 5, Fred was terminated by his employer without cause. He was not provided with any notice. Fred is normally paid monthly, on the first day of the month. When is Fred due to receive his termination pay?
a) On January 12. Seven days after his termination.
b) Fred was terminated without cause; he is not entitled to any termination pay.
c) On January 19. Two weeks after his termination.
d) On February 1. The next day he is due to be paid.

Answer 204

d) On February 1. The next day he is due to be paid.

Terminated employees should receive their termination pay within seven days, or on their next scheduled pay day, whichever of these two is later.

Question 205

Which of the following is NOT an acceptable method of service for delivering notice of termination to an employee?
a) Registered mail.
b) Fax.
c) Telephone.
d) Email.

Answer 205

c) Telephone.

In order for service to have been properly performed, the employee should be provided with notice in a traceable way, so that the employer can prove they have notified the employee. This can be difficult to accomplish with a phone call.

Question 206

Over the course of the past 20 weeks, Bill has been laid off by his employer for 15 of the 20. During this time, his employer has continued to pay into Bill’s benefits plan and Bill has continued to receive these benefits. At what point might Bill be considered to have been constructively dismissed as opposed to merely laid off?
a) Once he has been laid off for more than 35 weeks in a period of 52 weeks.
b) Once he has been laid off for more than 25 weeks out of 52 weeks.
c) As long as Bill’s employer continues to pay his benefits, he can be considered laid off indefinitely, as opposed to dismissed.
d) Bill cannot be constructively dismissed in this scenario.

Answer 206

a) Once he has been laid off for more than 35 weeks in a period of 52 weeks.

An employee can be laid off for up to 35 weeks of a 52 week period as long as their employer continues to pay into their benefits plan. If this action continues, it will be considered a constructive dismissal.

Question 207

Why should a diligent Human Resource professional endeavour to avoid the wrongful termination of an employee?
a) Termination can be a stressful event for the employee.
b) Wrongful termination opens the employer up to liability.
c) Wrongful termination can often prove costlier for employers than providing proper notice of termination.
d) All of the above.

Answer 207

d) All of the above.

Question 208

If Dan has been employed for four-and-a-half years, and his employer wishes to terminate him, which of the following best represents Dan’s entitlements under the ESA?
a) 5-weeks’ notice.
b) 4-weeks’ pay.
c) 2-weeks’ written notice and 2-weeks’ pay.
d) Both (b) and (c).

Answer 208

d) Both (b) and (c).

Question 209

Which of the following is NOT true of mass terminations?
a) The employer must post Form 1 where it can be seen by all terminated employees on the first day of the notice period.
b) Mass terminations refers to a situation where an employer fires 25 or more employees within a period of four weeks.
c) Mass Terminations have different notice requirements than regular terminations.
d) Mass terminations can prove very harmful to both employers and employees if not handled correctly.

Answer 209

b) Mass terminations refers to a situation where an employer fires 25 or more employees within a period of four weeks.

Mass termination refers to an employer terminating 50 or more employees within four weeks. Not 25 employees.

Question 210

What are some of the benefits to the use of progressive discipline?
a) It helps correct poor employee behaviour.
b) It sets clear boundaries for employees.
c) It gives employees time to remedy poor behaviour.
d) It helps substantiate termination with cause if such action becomes necessary.
e) All of the above.

Answer 210

e) All of the above.

Question 211

You are terminating two employees. Brian is limited to his ESA-mandated notice period and Holleh is not. How drastic is the potential difference between what the two are entitled to, if they have both been employed for 15 years?
a) There is no difference between their entitlements in this case.
b) The potential difference is negligible; it would be a waste of time to worry about it.
c) The difference is huge; Brian will be entitled to much more than Holleh.
d) The difference is a substantial one, Holleh will be entitled to more than Brian, but you will need more information to know exactly what their entitlements will be.

Answer 211

d) The difference is a substantial one, Holleh will be entitled to more than Brian, but you will need more information to know exactly what their entitlements will be.

Question 212

What is the primary intention behind wrongful dismissal damages?
a) To put employees in the position that they would be in had the wrongful dismissal not occurred.
b) To punish the employer.
c) To force employers to think twice before they terminate an employee.
d) To compensate employees for the emotional upheaval of termination.

Answer 212

a) To put employees in the position that they would be in had the wrongful dismissal not occurred.

Question 213

James has been terminated by his employer, as his employment contract is silent on the matter he has been provided with a termination package which includes his regular salary, accrued sick leave, and pension contributions, but not his regular bonus. Do you think this would constitute a wrongful dismissal?
a) No, this package has everything James is entitled to.
b) No, if anything this package is too generous to James.
c) No, this package contains more than he is entitled to under the ESA.
d) Yes, this package does not meet his entitlements at common law.

Answer 213

d) Yes, this package does not meet his entitlements at common law.

It is likely that this would amount to wrongful dismissal, as termination pay is supposed to include pension contributions, benefits packages, and any bonuses the employee regularly receives. By leaving out his bonus, the employer may be liable of wrongful dismissal.

Question 214

Which of the following grounds is the easist to terminate an employee with just cause for a single incident?
a) Insubordination.
b) Sexual assault.
c) Insolence.
d) Intoxication.

Answer 214

b) Sexual assault.

Question 215

Which of the following sequences best represents the correct approach to progressive discipline?
a) Written warning, oral warning, final oral warning, termination.
b) Oral warning, second oral warning, termination.
c) Oral warning, written warning, second written warning, third written warning, final written warning, termination.
d) Written warning, final written warning, oral warning, termination.

Answer 215

c) Oral warning, written warning, second written warning, third written warning, final written warning, termination.

Generally, progressive discipline starts with an oral warning and progresses through an escalating series of written warnings, with the employee being made aware that they will be terminated after their final written warning. This is to give employees every possible chance to correct their behaviour and help employers properly substantiate termination with cause.

Question 216

Why is McKinley v. B.C. Tel an important case for Human Resource professionals to know?
a) It defines the minimum employee entitlement at common law.
b) It provides us with an understanding of the importance of proportionality and context.
c) It sets out the circumstances in which dishonesty may be ground for dismissal with cause.
d) Both (b) and (c).

Answer 216

d) Both (b) and (c).

Not only does this particular case provide the circumstances in which dishonesty may be grounds for dismissal with cause, it also introduces us to proportionality and context as they relate to dismissal, two fundamental principles all HR professionals should be aware of.

Question 217

What should an employer keep in mind when terminating an employee for intoxication?
a) Substance abuse and alcoholism is considered a disability.
b) Intoxicated employees cannot be held liable for their actions.
c) Intoxication is a serious act of misconduct, the employee in question should be terminated as quickly as possible.
d) An employer can never terminate an employee for intoxication.

Answer 217

a) Substance abuse and alcoholism is considered a disability.

Question 218

If an employer wishes to terminate an employee for cause for using their own social media accounts inappropriately while not on company time, what criteria must be met? Is such a termination possible?
a) It is possible but the threshold is nearly impossible to meet.
b) It is not possible to terminate an employee for cause for off duty behaviour.
c) The employees actions must have caused the company to lose money, and the employee must be unrepentant concerning their actions.
d) The employee’s actions must have been deliberate, not accidental or negligent.

Answer 218

c) The employees actions must have caused the company to lose money, and the employee must be unrepentant concerning their actions.

In order to terminate an employee for cause, the onus will be on the employer to prove that the employee’s actions caused them harm and that the employee did not display remorse for their actions. This can be a difficult threshold to meet and Human Resources professionals should keep an eye on this emerging area of law.

Question 219

It is easier to terminate an employee with cause for intoxication if you can prove that they are __________.
a) An alcoholic.
b) Addicted to a substance other than alcohol.
c) Not addicted to either drugs or alcohol.
d) Depressed.

Answer 219

c) Not addicted to either drugs or alcohol.

Question 220

George has been terminated for cause by his employer for insolence; specifically he has been talking back to his manager aggressively over the last two weeks. During that time, he has received three written warnings to cease his behaviour or he will receive a severe (unspecified) punishment. Finally, after the fourth time, he was rude to his manger within this two-week span, and he was terminated for cause on the spot. Aside from this behaviour George has been a mostly model employee for the six years that he has worked for his employer. Do you think his employer was correct, legally speaking, to terminate him with cause?
a) George’s employer is completely justified in terminating him for cause given that he was properly warned.
b) George’s employer did not apply progressive discipline properly; George should have been made aware that his next transgression would result in his being terminated, instead of merely receiving a number of warnings.
c) It is impossible to terminate and employee with cause for insolence, no matter the circumstances.
d) Both (a) and (b).

Answer 220

b) George’s employer did not apply progressive discipline properly; George should have been made aware that his next transgression would result in his being terminated, instead of merely receiving a number of warnings.

If an employer wishes to terminate an employee for minor acts of misconduct, they must be prepared to prove a pattern of bad behaviour that they attempted to mitigate through progressive discipline. Further, they should always make sure they have considered the context of the misconduct and the proportionality of the punishment.