Employment Law - Diagnostic

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

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

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

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

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

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

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

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

Question 9

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

Answer 9

C

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

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

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

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

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 caselaw.

Answer 14

B

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

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

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

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

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

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

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

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

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

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

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

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

Question 27

Your employer asks for guidance in accepting an employee’s notice ofaccommodation. 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

Question 28

Your employer insists on knowing an employee’s diagnosis before determiningthe 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

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

Question 30

Several employees believe Beverley is a favourite of the employer, as shereceives special accommodation. What is one of the solutions that would likelycorrect 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

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

Question 32

Your employer denies an employee’s request to be part of the process of findingher ideal form of accommodation. Which of the following advice will you giveyour 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

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

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

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

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

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

Question 38

Jeremy, the Director of Finance, does not get along well with George, anemployee within the department. Jeremy makes several comments on socialmedia about George’s poor work ethic and conversations George has had inthe 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

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

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

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

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

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

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

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

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

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

Question 48

Your employer asks you to review a termination package. 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

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

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

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 been forceable.

Answer 51

D

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

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

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

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

Question 56

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

Answer 56

B

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

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

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

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

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

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

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

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

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

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

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

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

C

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Question 84

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

Answer 84

A

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

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

Question 87

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

Answer 87

C

Question 88

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

Answer 88

B

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

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 form is classifying 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

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

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

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

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

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

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

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

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

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 _________.
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

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