Employment Law - Prep Exam 1

Question 1

Danielle is a non-unionized employee who started working at the healthcare facility 1 month ago. She is still in her probationary period. One day, Danielle and a colleague got into an argument that escalated into a shouting match in front of patients and visitors. Danielle’s behaviour contravenes the employee code of conduct. Danielle’s manager wants Raj’s recommendation on how to address the misconduct.

a) Yes. Progressive discipline is appropriate even though Danielle is still on probation.
b) No. Progressive discipline should be used only for employees who have worked for their employer for more than 1 year.
c) No. The employer should terminate Danielle because there is no obligation for reasonable notice while she is still on probation.

Answer 1

A

Question 2

Cora’s manager terminated them without cause and they received 2 weeks of working notice. The manager told Cora their health and dental benefits will be cut off immediately, which came as a surprise to them. Cora mentioned to their manager that they expected their benefits to continue for 2 weeks after her notice period ended. The manager seeks clarification from Raj.

a) Cora is not entitled to benefits during or after their notice period.
b) Cora is entitled to benefits during their notice period.
c) Cora is entitled to benefits for 2 weeks after their termination date in accordance with the Employment Standards Act, 2000.

Answer 2

B

Question 3

The final issue relates to accommodation requests made by the 2SLGBTQ+ committee at the facility. Raj knows it is the facility’s policy to provide a safe, positive, gender-inclusive working environment for all its employees. However, he acknowledges that more can be done to improve the working environment for employees.
a) Introduce a dress code requiring professional attire at all times to encourage uniformity.
b) Review workplace policies and practices each time an accommodation is granted to determine whether, and how, policies and practices should be updated.
c) Always request supporting documentation to ensure that any requested accommodations are legitimate and can be properly implemented.

Answer 3

B

Question 4

Tisha is an HR business partner at Juri Ltd., a provincially-regulated business with more than 900 employees. Tisha is asked to collaborate with Manny, the health and safety specialist, in preparing for an upcoming inspection by the Ministry of Labour. They visit various departments asking employees questions and providing them with useful information about the role of the joint health and safety committee at the company.

An employee asks about the Occupational Health and Safety Act (OHSA) and wants to know what happens if the company doesn’t comply with the Act or the Inspector’s orders. Another employee, who is non-unionized, states that she recently moved to Canada and wants to know which legislation to consult to find more information about her employment rights.
What should Tisha and Manny say about the type of offences under the OHSA?
a) The offences are considered strict liability offences.
b) The offences are considered absolute liability offences.
c) The offences are considered hybrid offences.

Answer 4

A

Question 5

Tisha and Manny want to provide an example of a contravention of the OHSA. Which of the following would be a contravention of the OHSA?
a) Refusing the use of defective equipment.
b) Refusing to implement an order of a provincial court.
c) Refusing to follow an order of an inspector.

Answer 5

C

Question 6

Tisha and Manny can provide which of the following as a duty of the company’s joint health and safety committee?
a) Issue workplace safety-related orders to the employer.
b) Participate in the investigation of work refusals.
c) Determine whether a circumstance is likely to endanger employees.

Answer 6

B

Question 7

Which of the following is the primary legislation Tisha should advise the employee to consult for information on their employment rights?
a) The Employment Standards Act.
b) The Canada Labour Code.
c) The company’s employee handbook.

Answer 7

A

Question 8

Under the Employment Standards Act, 2000, is it legal for Harold-Tracy to provide only online pay statements, and on what basis?
a) Yes. Organizations with fewer than 100 employees can elect to provide online pay statements only.
b) No. Organizations with fewer than 100 employees must provide written pay statements.
c) No. All organizations must provide written pay statements regardless of their size or method of remuneration

Answer 8

C

Question 9

Heidi recently started a new position at an Ontario art gallery, the Harold-Tracy Art Gallery, which employs 25 staff. Heidi believes the gallery is doing well, but shortly after she is hired, the gallery decides to downsize. As a result, Heidi is terminated 8 weeks after her start date. Her employment contract stipulates a probationary period of 6 months and mentions a notice period of 2 weeks after probation.

At Harold-Tracy, Heidi receives a higher salary than she had in the past, but she is not sure of her exact hourly rate and what deductions are made from her pay. She had received only 1 pay, deposited directly into her bank account, before she was terminated. The gallery uses online pay statements, but Heidi lives an “off the grid” lifestyle and does not have Internet access, so she has not been able to access her statement. Since she needs to find out what her entitlement is, she requests a written statement but is told that statements are provided online only.

Is Heidi entitled to notice, and on what basis?
a) Heidi is not entitled to any notice because she was terminated within her probationary period.
b) Heidi is entitled to 1 week’s notice because it is the minimum prescribed by the Employment Standards Act, 2000.
c) Heidi is not entitled to any notice because she was terminated within the 3-month statutory notice period.

Answer 9

C

Question 10

Heidi wonders whether the probation and termination clause in her contract is lawful and asks her friend Rose, an HR consultant, to review her employment contract. Rose informs Heidi of an important aspect of the clause. What observation has Rose likely made?
a) The termination clause is unlawful since it contradicts the minimum requirements prescribed by the Employment Standards Act, 2000.
b) Common law would disallow any probationary period that is longer than the requirement under the Employment Standards Act, 2000.
c) The Employment Standards Act, 2000 allows for probationary periods longer than 3 months.

Answer 10

C

Question 11

Siva asks Travis what his entitlement to paid family responsibility leave is after 5 years of employment with the company. What should Travis advise him?
a) Siva is entitled to 0 paid days.
b) Siva is entitled to 2 paid days.
c) Siva is entitled to 3 paid days.

Answer 11

A

Question 12

Siva has worked as a full-time employee for 5 years at Braxton Publishing in downtown Toronto, which employs about 75 people. His employment contract matches the notice requirements outlined in the Employment Standards Act, 2000.

Over the weekend, Siva’s step-daughter becomes ill, and when he takes her to the doctor, she is diagnosed with severe bronchitis. The doctor recommends Siva keep his step-daughter home for at least a few days. As Siva’s wife is out of town, there is no one else but him to take care of his step-daughter. Siva decides to take a family responsibility leave and phones his manager to leave a message stating he will not be at work for the next few days.

Siva is off work for 2.5 days and returns to work the afternoon of the third day when his step-daughter is better. When the next payday comes, Siva is surprised to find that his paycheque is less than expected. When he asks his direct manager about the difference in pay, his manager tells him he should be more concerned about whether he will be disciplined for taking leave without expressed written approval.

Travis assesses whether Siva properly notified Braxton Publishing of his family responsibility leave. What should Travis’s determination be in this situation?
a) Siva did not properly notify the employer, as he did not provide notice in writing.
b) Siva did not properly notify the employer, as he did not provide advance notice or receive approval prior to his leave.
c) Siva properly notified the employer, as he provided notice to his manager as soon as he could and told him of his intention to take leave.

Answer 12

C

Question 13

Siva’s manager wants proof that his step-daughter was ill and that the leave was required. What information is Braxton Publishing entitled to request from Siva?
a) The name and relationship of the family member to Siva, and a statement that the leave was due to the family member’s illness.
b) Details pertaining to the family member’s medical condition.
c) A medical note from the family member’s doctor confirming the illness.

Answer 13

A

Question 14

Scenario (for Questions 14 to 16)
Latisha is a permanent part-time employee at Riverdale’s, a high-end clothing store, where she has worked since April 1 of last year. She gets paid bi-weekly and receives vacation pay when she takes her vacation.

Latisha plans to take time off around Thanksgiving because her family will be in town. She requests not to be scheduled the day immediately before Thanksgiving, which her employer grants. Latisha is then next scheduled to work her regular shift the day after Thanksgiving.

When payday arrives, Latisha realizes that she did not receive public holiday pay and the payroll clerk tells her that she did not qualify for it. Surprised, Latisha seeks confirmation from the head of HR, Rashid. She is particularly concerned because she is planning to take her 2 weeks’ vacation in late December, during which there will be 2 public holidays.

Rashid advises senior management that Latisha did in fact qualify for public holiday pay for Thanksgiving. Which of the following rationales best supports Rashid’s determination?

a) Latisha is entitled to public holiday pay because she worked the day after the holiday.
b) Latisha, as a permanent part-time employee, is entitled to public holiday pay whether she works the scheduled day before the holiday or not.
c) Latisha is entitled to public holiday pay because she worked her last regularly scheduled day before the holiday and her first regularly scheduled day after the holiday.

Answer 14

C

Question 15

Latisha decides to delay her holiday until summer of next year, but Rashid tells her that is not possible. Why would Rashid advise that?
a) The Employment Standards Act, 2000 requires employees to take their vacation in the same calendar year as their vacation entitlement year ends.
b) The Employment Standards Act, 2000 requires employees to take their vacation within 10 months of the end of their vacation entitlement year.
c) The Employment Standards Act, 2000 requires employees to take their vacation within 12 months of the end of their vacation entitlement year.

Answer 15

B

Question 16

Latisha earns $160 a day and generally works 5 days a week, with the exception of the week before Thanksgiving Day, when she only worked 4 days. She has not taken any vacation so far this year. How much public holiday pay is Latisha entitled to for Thanksgiving Day?
a) Latisha is entitled to $144 in public holiday pay.
b) Latisha is entitled to $152 in public holiday pay.
c) Latisha is entitled to $166 in public holiday pay.

Answer 16

B

Question 17

Mackenzie has worked at LLMP Video Store in Newmarket, Ontario, full time for the past 10 years. With video rentals and sales down, management has decided to close the store. Mackenzie is terminated with 2 weeks’ working notice, which was the notice period stipulated in the employment contract she signed when she was hired. Mackenzie does not believe this is enough time to find other employment, particularly as her last 2 weeks will be very busy while the store sells off its inventory. Given Mackenzie’s skill set, she is also concerned about being able to find similar employment. She wonders whether she should quit and start looking for a job right away. Mackenzie consults with a friend, Nolan, who happens to work in HR.

Mackenzie asks Nolan whether she is entitled to more notice than what the store gave her. What should Nolan tell her?
a) She is not entitled to more than 2 weeks’ notice.
b) She is entitled to 8 weeks’ notice.
c) She is entitled to 10 weeks’ notice.

Answer 17

B

Question 18

Nolan informs Mackenzie that the courts would likely consider other factors when determining her notice period. What factors is Nolan likely referring to?
a) Mackenzie’s ability to find alternative employment and her age.
b) The total number of employees the store terminated and Mackenzie’s length of service.
c) Any relevant protected grounds under the Human Rights Code.

Answer 18

A

Question 19

Mackenzie learns that LLMP Video Store is actually closing all its locations across Ontario and all 100 employees will be laid off. Mackenzie asks if this mass termination would affect her entitlement to notice. What should Nolan advise?
a) She will still receive only 2 weeks’ notice.
b) She should receive 8 weeks’ notice.
c) She should receive 12 weeks’ notice.

Answer 19

B

Question 20

Given the situation, Mackenzie asks about her entitlement to severance pay. What should Nolan tell her?
a) She is entitled to 10 weeks’ severance pay.
b) She is not entitled to any severance pay since fewer than 200 employees are being laid off.
c) She could jeopardize her entitlement to severance pay if she resigns during her working notice.

Answer 20

A

Question 21

Cory has worked at Worldly Fresh, a unionized company selling pre-packaged meals based in Ontario, for nearly a decade. He was recently assigned to work on a project with a new employee, Sam. The two work closely together and got along well at first.

On numerous occasions, Cory has made efforts to engage Sam in social conversations and even asked Sam out on a date. Sam is not interested and has made it clear to Cory that he is not looking for anything more than a collegial working relationship. Despite this, Cory has continued to make advances toward Sam and has started sending him messages via Facebook outside of work. The messages were initially flirtatious, but became threatening in nature when Sam did not respond. As a result, Sam has become increasingly uncomfortable with Cory and refuses to continue working with him on the project.

Sam approaches Ruby, a senior HR professional, about the situation. Sam understands that it is the employer’s duty to prevent workplace harassment and violence and he wants Worldly Fresh to take action.

Which of the following statutes should Ruby consult when considering Worldly Fresh’s obligations in this situation?
a) Employment Standards Act, 2000
b) Occupational Health and Safety Act
c) Human Rights Code

Answer 21

B

Question 22

After considering Sam’s complaint and the information available, should Ruby be concerned that Cory’s behaviour could amount to workplace harassment, and on what basis?
a) No, because the messages were sent through a personal social media account outside of work.
b) Yes, because Cory should have known his advances were unwelcome and his messages became threatening in nature.
c) No, because Cory’s actions did not include any physical harassment or direct threats of violence in the workplace.

Answer 22

B

Question 23

Considering Sam’s refusal to work alongside Cory, what is the next step Ruby should take?
a) Advise the employer to report the work refusal to the Ministry of Labour.
b) Advise Sam to report the work refusal to the Ministry of Labour.
c) Advise the union to report the work refusal to the Ministry of Labour.

Answer 23

A

Question 24

Randy is a senior HR manager with EZ Home and Hearth, a do-it-yourself retailer with stores across Canada. Senior management has approached Randy about an incident that recently took place in one of the non-unionized stores in Toronto.

Randy learns the store was conducting a training and development exercise for its managerial staff. The training took place in a meeting room on the second storey of the building, which was not accessible to employees with restricted mobility. One of the managerial staff, Gina, has limited mobility and uses a motorized scooter. Gina asked one of her co-workers, Jordan, if he could raise her up to the second floor using the store’s forklift so that she could attend the session.

When Gina and Jordan told Marcel, the store’s general manager, about their plan, Marcel told them he did not think it was a good idea, although he did not explicitly forbid it. Gina and Jordan went ahead anyway, and Gina was successfully raised up to the second floor and then lowered back down after the session using the forklift. However, several customers observed it and mentioned it to another employee, who quickly contacted head office to report this breach of safety protocol.

Senior management is concerned by the conduct of all 3 employees and asks Randy to advise on the best course of action.

Senior management is considering termination and asks whether any of the 3 employees involved could be justifiably terminated for cause. Who should Randy suggest could be terminated for cause?
a) Gina
b) Jordan
c) Marcel

Answer 24

B

Question 25

EZ Home and Hearth aims to foster a safe working environment, where incidents such as this one should not occur. How should this incident be characterized? a) As a failure on the part of management and supervisors to properly supervise the employees. b) As a failure on the part of the employees to follow direction and do their part to contribute to a safe working environment. c) As a failure on the part of the store and management to properly accommodate an employee with a disability.

Answer 25

C

Question 26

To prevent similar incidents in the future, what should Randy suggest to Marcel that he do differently next time? a) Ensure he is more precise when responding to employee queries. b) Hold training sessions in an area accessible by all employees, including those with disabilities. c) Rent a scissor lift to elevate Gina up to the training session safely.

Answer 26

B

Question 27

27) Randy advises senior management that EZ Home and Hearth must accommodate Gina’s disability. If the company is concerned with the additional requirements, what could it claim to limit its obligation? a) The financial cost of accommodation would be unreasonable. b) The accommodations would result in undue hardship. c) The company’s employment contracts do not stipulate the employer’s duty to accommodate employees.

Answer 27

B

Question 28

Gina is concerned about her job after the incident and wants to ensure she is protected from discrimination based on her disability. What legislation would apply to Gina? a) Ontario’s Human Rights Code b) Canadian Human Rights Act c) Canada Labour Code

Answer 28

A

Question 29

As part of addressing this incident, senior management asks Randy to review the company’s policies related to hiring, accommodation, and discrimination prevention. Which of the following hiring policies should Randy advise would most likely be considered discriminatory? a) The use of bona fide occupational requirements. b) The implementation of affirmative action programs. c) The requirement of a physical fitness test for all positions.

Answer 29

C

Question 30

Alberta has just started as a junior HR officer at the Toronto Shoe Heritage Museum. So far she has been fortunate and has not had to deal with any terminations. However, when she comes to work one Monday morning, she is informed that Janice, a long-time cashier in the museum gift shop, has been caught stealing. Footage from the gift shop’s security camera shows Janice removing cash from the till and pocketing it. When the gift shop manager confronted Janice about it, however, Janice denied taking the money. Janice has been a good employee and has a clean disciplinary record. The gift shop manager asks Alberta for her assistance in determining the most appropriate course of action. As this is Alberta’s first time dealing with the potential termination of an employee, she wants to make sure she gets everything right and decides to look to the established jurisprudence for help. What legal principles should Alberta consider when determining whether there is just cause to terminate Janice? a) Justification, context, and restitution. b) Proportionality, context, and prior progressive discipline. c) Prior history, context, and remorse.

Answer 30

B

Question 31

Alberta remembers a landmark case dealing with dishonesty that discusses the relevant legal principles. Which of the following is that landmark case? a) McKinley v. BC Tel b) Bardal v. The Globe and Mail c) Kilpatrick v. Peterborough Civic Hospital

Answer 31

A

Question 32

Although the camera footage is clear, Janice continues to deny stealing from the cash register and claims it was another employee. After considering the legal principles and the evidence, what action should Alberta recommend? a) Since this is the first incident on Janice’s record, Alberta should recommend progressive discipline. b) Since Janice has not admitted to taking the money, Alberta should recommend termination without cause. c) Since the incident is a significant breach of trust, Alberta should recommend termination with cause

Answer 32

C

Question 33

Kira is a recruitment specialist with Indi Games, a video game production company that has grown enormously over the past 3 years, going from a small start-up to a large and successful company with hundreds of employees. As a result of this massive growth, Indi Games is always recruiting new staff. For some time now, Kira has been in talks with Todd, a production manager who has worked in the industry for 30 years, including the past 25 years with a rival company, NB Games. Todd was planning to retire from NB Games within the next 3 years, but Kira believes that if she offers him a large enough bonus, he will be willing to come to work for Indi Games instead. After long negotiations, Kira convinces Todd to leave his current employer for Indi Games. However, the transition has not been going as well as planned. Todd is not happy with his position at Indi Games, which he believes is not what Kira promised him during their negotiations, and he has been having trouble adjusting. After 2 years of mediocre performance on Todd’s part, Indi Games discovers that Todd has been drinking on the job. Indi Games decides to terminate his employment and end what it considers to be a failed experiment. Given the circumstances of his hiring, what claim should Kira be prepared to face from Todd? a) Indi Games induced him away from his former employer. b) Indi Games negligently hired him for the position. c) Indi Games misrepresented the duties of his position.

Answer 33

A

Question 34

During the termination process, Kira discovers other serious problems with Todd’s conduct that she needs to take into account. Which of the following would most likely make it difficult to terminate Todd? a) He has been stealing from Indi Games. b) He has been secretly meeting with his former employer. c) He has been diagnosed as an alcoholic.

Answer 34

C

Question 35

If Indi Games wants to avoid legal action from Todd for terminating his employment, what action should Kira recommend the company take? a) Formally document that Todd has been drinking at work and then terminate him for cause based on his performance problems. b) Speak to Todd about his drinking at work to determine if it is due to an addiction before taking any disciplinary action in relation to his poor performance. c) Ignore Todd’s performance problems and hold off on termination indefinitely.

Answer 35

B

Question 36

Eventually, Indi Games decides to terminate Todd’s employment without cause and offers him what it considers a very generous termination package of 2 months’ notice. However, Todd believes this is unfair and challenges it in court. When determining how much notice Todd is owed, what would the courts likely consider? a) His 2 years of employment with Indi Games. b) His 2 years of employment with Indi Games and his 25 years with NB Games. c) His 32 years of total industry experience.

Answer 36

B

Question 37

In Todd’s situation, the courts are also likely to consider the Bardal factors. Which of the following factors is relevant in Todd’s case? a) Todd’s age – he is close to retirement. b) The nature of Todd’s termination. c) Todd’s marital status and number of dependents.

Answer 37

A

Question 38

As the court case continues, it appears that Todd will likely win. Indi Games asks Kira about the maximum notice of termination the court could grant to Todd. What should Kira advise? a) Senior employees are capped at 12 months’ notice. b) Regular employees are capped at 12 months’ notice and senior employees are capped at 24 months’ notice. c) There is no official cap on how much notice the courts can award.

Answer 38

C

Question 39

Crystal is a new employee in the research and development department of Medrox, a large medical equipment manufacturer located in Ottawa. After 2 months on the job, Crystal is struggling to adjust to her new position and is having a hard time with her duties. Her manager, Haziq, wants to address these performance issues and asks Andrea, one of Medrox’s HR professionals, for her assistance. Andrea and Haziq meet with Crystal to discuss their concerns. During the meeting, Crystal discloses that she suffers from a medical condition that, while not immediately evident, often leaves her in great pain and makes it hard for her to concentrate. Crystal explains this condition has made it difficult for her to focus on her work and complete it on time. Upon hearing this, Haziq wants to terminate Crystal, as he believes she has the potential to be a very costly employee for the company. However, Andrea believes Medrox should accommodate Crystal’s condition, and she immediately enrols Crystal in the company’s program for employees with disabilities. The program provides Crystal with longer breaks, a special computer, and more ergonomic seating. In addition, Andrea sets out to learn all she can about accommodating employees with disabilities so that she can better help Crystal unlock her full potential. During her research, Andrea discovers that the principle of accommodation involves 3 factors. What are they? a) Dignity, inclusion, and fairness. b) Inclusion, equity, and individualization. c) Dignity, inclusion, and individualization.

Answer 39

C

Question 40

When advising Hazig against terminating Crystal, Andrea cites the case of Mercier v. Montreal. What is the key issue in Mercier that Andrea believes is relevant to Crystal’s situation? a) Not giving reasonable notice period. b) Disability need not be readily apparent. c) Insufficient accommodation has been made.

Answer 40

B

Question 41

After a couple of months, Crystal does not seem to be responding well to the company’s accommodation program and her performance problems persist. What should Andrea have done differently in this situation? a) She should have talked with Crystal and developed individualized accommodations for her. b) She should have made sure that Crystal was a good fit for the program before enrolling her in it. c) She should not have done anything differently; some employees simply cannot be accommodated with positive results.

Answer 41

A

Question 42

What could Crystal have done differently to help improve her own performance? a) She could have sought employment where her disability would not have impeded her ability to fulfill her duties. b) She could have communicated her accommodation needs to the best of her ability earlier on. c) She could have informed her employer of her disability in her initial application package.

Answer 42

B

Question 43

Jayden works as a costume designer at Ajax Costume Supply, a company that specializes in theatrical costumes and set pieces from the Greco-Roman era. The company is good at what it does and maintains a small, skilled staff. Despite the quality of the company’s work, Ajax Costume Supply struggles to remain competitive in a niche market. Lately, the company has been feeling the crunch and the owner, Kristen, wants to make some changes, starting with Jayden. Kristen asks Julian, an HR consultant, to review Jayden’s contract to see if any changes can be made. Kristen hopes that if she makes drastic changes to Jayden’s contract, such as reducing his hours and rate of pay, he will resign and then she will not have to terminate him and provide him with notice. Kristen then wants to replace Jayden with casual staff who could work offsite and only as needed when the company takes on larger projects. Julian learns that Jayden started with the company 15 years ago, working his way up from floor sweeper to costume designer after displaying an innate talent for the trade. Jayden’s contract has not been updated since he started with the company and it does not mention anything regarding termination entitlements. Julian advises Kristen that to make changes to any contract, she must provide something in exchange. What does Kristen need to provide? a) Due consideration b) New consideration c) Fresh consideration

Answer 43

C

Question 44

Julian has reservations about Kristen’s plan, particularly with respect to Jayden’s contract. What factor is likely causing Julian concern? a) The contract has become obsolete. b) Jayden would now be considered an independent contractor because the contract has been unaltered for so long. c) The contract likely transformed into an oral contract after Jayden changed positions.

Answer 44

A

Question 45

Julian advises Kristen that if she makes major changes to Jayden’s contract to force him to resign, Jayden may have grounds for legal action against the company. What could Jayden likely claim? a) Termination without notice b) Constructive dismissal c) Revocation of terms

Answer 45

B

Question 46

Kristen wonders whether, in light of the challenges to modifying Jayden’s contract, she can simply terminate him instead. What should Julian advise her? a) She can terminate Jayden with cause and not provide him with notice. b) She can terminate Jayden without cause and provide pay in lieu of notice. c) She can lay Jayden off and just not recall him, thereby avoiding providing notice.

Answer 46

B

Question 47

Kristen asks for Julian’s advice about how to fill the vacant position once Jayden is gone. Based on her requirements, what type of worker should Julian recommend? a) An independent contractor b) A dependent contractor c) A regular employee

Answer 47

A

Question 48

Salima is an HR generalist with Alliance Inc., a plastics manufacturing company in Barrie, Ontario. Because it is a small company with a relatively close workforce, Salima is the only HR person on staff and she handles all employee performance and discipline issues. On Friday, Levi, one of the managers, approaches Salima about concerns with 2 of his employees, Lilian and Shane. Levi believes they have been acting out of line, talking back, and even refusing to complete small tasks at times. Salima wants to remedy this situation quickly and without resorting to termination if possible. The company does not have a policy on how to handle this type of situation, however, and Salima is not sure how to proceed. The following Monday morning, before Salima has decided how to proceed, she is informed that both Levi and Shane have been rushed to the hospital, one with a bloody nose and the other with possible broken ribs. Salima learns that while they were starting work that morning, Shane found out Levi had been “bad-mouthing” him and an altercation between the two ensued. 48) How should Salima proceed with the concerns about Lilian’s conduct? a) Begin progressive discipline with a verbal warning. b) Begin progressive discipline with a written warning. c) Begin progressive discipline with a suspension

Answer 48

A

Question 49

What is the first step Salima should take after learning of the incident between Levi and Shane? a) Notify a Ministry of Labour inspector and the company’s health and safety representative about the incident. b) File a worker’s compensation claim if it appears either of the employees will miss work because of the incident. c) Have the other employees clean up the site where the incident took place, conduct a re-enactment, and collect information for any possible police investigation.

Answer 49

A

Question 50

Salima considers recommending Shane be terminated with cause. However, she is not sure whether this single act of misconduct would be enough to establish just cause, and she is concerned that Shane could successfully challenge the termination in court. Is her concern justified, and on what grounds? a) No, because any incident of workplace violence is grounds for immediate dismissal of the employees involved. b) Yes, because a single incident of misconduct usually does not provide sufficient grounds, although it can if it involves violence or sexual harassment. c) Yes, because it is almost impossible to justify the termination of an employee over a single act of misconduct.

Answer 50

B

Question 51

Fibre to Fabric, a large textile factory operating in Almonte, Ontario, employs 350 people. Because of financial constraints, the factory had to temporarily lay off 4 employees from a shift rotation. The first employee, Ray, has 10 years’ seniority and has been laid off for 14 weeks, but he is still receiving his benefits package. The second employee, Anton, has 5 years’ seniority and has been laid off for 6 weeks. Anton is also still receiving his benefits. Finally, Nathan and Aiko have each worked at the factory for 3 years. They have both been laid off for 12 weeks without receiving any benefits or payments. Although business has picked up, the shift manager has the budget to recall only 2 or 3 of the laid-off employees. The manager wants to avoid letting any of the staff members’ temporary layoff status expire, if possible, and asks Beverley, Fibre to Fabric’s head of HR, for advice. Of the 4 employees, who should Beverley recommend be recalled to work immediately to avoid change of layoff status? a) Ray, Nathan and Aiko b) Nathan and Aiko c) Ray and Anton

Answer 51

B

Question 52

Unfortunately, Fibre to Fabric continues to suffer financial losses and needs to significantly downsize its staff. Ray is laid off, along with 75 other employees, in the first round of terminations. Anton is terminated 2 years later, along with 250 other employees. How much notice are Ray and Anton each entitled to? a) They are both entitled to 10 weeks' notice. b) Ray is entitled to 10 weeks and Anton is entitled to 5 weeks. c) Ray is entitled to 8 weeks and Anton is entitled to 12 weeks.

Answer 52

C

Question 53

After the first round of terminations, Beverley realizes Fibre to Fabric failed to submit a "Notice of Termination of Employment" form to the Director of Employment Standards at the Ministry of Labour. What effect is this likely to have? a) The notice to the employees will not be deemed effective until the ministry receives the form. b) All employees involved in the mass termination will be entitled to an additional 2 weeks' notice. c) The ministry will deem the mass termination unlawful, and regular termination entitlements will apply.

Answer 53

A

Question 54

If the employees are not recalled before their temporary layoff status expires, what legal term would describe their employment status? a) Terminated with cause b) Frustrated c) Constructively dismissed

Answer 54

C

Question 55

Mireille has been looking for new employment and recently received 2 job offers, both of which have similar hours and pay. She is uncertain of which to accept. The first is a position at a local advertising firm. Mireille would be expected to work full-time hours, but she would have the flexibility to arrange her work schedule herself. The firm has communicated verbally what Mireille's compensation package would be, including performance-based bonuses, but it does not provide its staff with written employment contracts. The second position is with a large marketing company that has offices across Canada. The firm's employees are currently trying to unionize. Mireille has never been part of a union or subject to a collective agreement before, and she is concerned she might find herself in a hostile work environment if management pushes back against the formation of the union. Should Mireille be particularly concerned about accepting the second position if the employees are trying to unionize? Why? a) No. Employers are prohibited from pressuring or threatening employees to prevent them from forming or joining a union. b) Yes. The formation of a union is always a contentious process, and she will likely be forced to choose sides right away. c) Yes. Although there are laws governing the unionization process, they favour the employer.

Answer 55

A

Question 56

Mireille is interested in the position with the local advertising firm but is worried about not having a written employment contract. What should Mireille be most concerned about if she accepts the position and does not have a written employment contract? a) Mireille may not be entitled to termination pay if the employer later lays her off. b) The employer could eliminate Mireille's entitlement to a performance-based bonus at any time without her agreement. c) Mireille could have difficulty claiming constructive dismissal if the employer later changes her work duties in response to changing operational needs.

Answer 56

C

Question 57

Mireille accepts one of the positions. During her 80-day probation period, she does not receive benefits. Mireille asks her HR manager if the company can withhold benefits during her probation period. What should the HR manager advise her? a) Common Law imposes a probationary period of 3 months before employees are entitled to receive benefits. b) It is both legal and common for employers to impose a probationary period of 3 months less a day before employees are entitled to benefits. c) Employers can establish any entitlement period at their discretion, with no limitations.

Answer 57

B

Question 58

Roger is a machine operator on an assembly line and has been a skilled and diligent employee for the past 4 years. During this time, Roger primarily operated a machine that installs the doors on cars. However, to accommodate personnel changes, Roger has agreed to move to a position where he operates a drilling machine. After his first day in this new position, Roger tells his supervisor that he refuses to continue operating the drilling machine because it is unsafe. Can Roger legally refuse to work with the drilling machine? a) Yes, a worker can refuse unsafe work at any time. b) Yes, Roger can refuse the work because he has given his supervisor his reason for refusing. c) No, Roger must first inform his supervisor of his concerns and then continue to work while the validity of his claims is assessed.

Answer 58

B

Question 59

Roger's hours are cut after he refuses to operate the drilling machine, although the hours for the other employees in the same position are not cut. Roger believes this is unfair and seeks legal advice. Does Roger likely have a legal case against his employer? Why? a) Not likely. There could be a number of legitimate reasons for the reduction in Roger's hours. b) Likely. The employer's actions may constitute a reprisal, which would be employer misconduct. c) Likely. The employer's actions may constitute constructive termination.

Answer 59

B

Question 60

Carol has worked at Chase & Porter for 5 years and has been a diligent employee for most of that time. But lately her work has been slipping, and she has been involved in a number of verbal confrontations with her supervisor and her co-worker Marie. Recently, Marie accused Carol of slapping her while they were in the break room together. Although no one else witnessed this incident and it cannot be proven, it is not out of character for Carol based on her recent documented behaviour. Senior management decides to terminate Carol and asks the HR manager, Lise, to oversee the process. Carol receives a generous benefits package as part of her compensation. Although her employment contract contains a termination clause, it is silent on whether she would continue to receive benefits after termination, and if so, for how long. Senior management asks Lise if Carol should be terminated with cause given the circumstances. What should Lise advise? a) Carol should be terminated immediately. If not, the organization would be vulnerable to a lawsuit for failing to provide a safe work environment. b) There is insufficient evidence to warrant termination with cause in this situation. c) Carol should be terminated. Even without sufficient evidence to justify termination with cause, Carol must be disciplined to deter behaviour of this nature in the workplace.

Answer 60

B

Question 61

Senior management wants to spend as little money as possible to remedy this matter. Taking into consideration all the costs and potential risks, what should Lise recommend as the most appropriate course of action? a) Terminate Carol without cause and provide her with payment in lieu of notice. b) Terminate Carol without cause and provide her with a working notice period. c) Terminate Carol with cause.

Answer 61

A

Question 62

If Lise terminates Carol without cause, what is the minimum notice of termination, or pay in lieu of notice, that Carol is entitled to under the Employment Standards Act, 2000? a) 4 weeks b) 5 weeks c) 6 weeks

Answer 62

B

Question 63

What should Lise advise senior management regarding the termination clause in Carol's contract? a) The termination clause is unenforceable. b) Unless Carol continues to receive benefits throughout her notice period, she will have a case for wrongful dismissal. c) Because the clause is silent on the matter, it is mutually understood that benefits are not part of the termination package.

Answer 63

A

Question 64

If Carol is terminated, for how long should she continue to receive benefits? a) Until the end of the statutory notice period. b) For up to 5 weeks after her termination. c) Until the end of her Common Law notice period.

Answer 64

C

Question 65

Urban Couriers employs bicycle couriers to pick up and deliver packages locally in cities across Ontario. The couriers provide their own bicycles, and usually do not need to report to their local office at the start or end of their shifts. The company’s owner has decided to experiment with hiring independent contractors in place of regular employees, but she is concerned about violating the employment regulations. To be certain, she asks an HR advisor to review 3 currently open positions at the company to determine which roles could be filled by independent contractors and which should be filled by regular employees. The first position is a brand promoter role. This position offers a flexible work schedule and is paid monthly on a salaried basis. There is no requirement to work at the office regularly, but the promoter must report to headquarters once a week. The second position is for a bookkeeper who would work remotely from home. The individual Urban Couriers is considering for the role previously worked as a freelancer for similar sized companies but plans to reduce his workload to only one client, Urban Couriers. The third position is for an occasional bicycle courier who would work a few shifts with Urban Couriers each month to provide coverage for the other couriers. Of the 3 positions, which one should the HR advisor recommend not be filled by an independent contractor? a) Brand promoter b) Bookkeeper c) Bicycle courier

Answer 65

A

Question 66

The HR advisor informs Urban Couriers that one factor in particular would likely disqualify bicycle couriers from being considered independent contractors. What factor is he likely referring to? a) If they worked for Urban Couriers for more than 3 years. b) If they are required to wear a company uniform. c) If they are covered by the company’s liability insurance.

Answer 66

B

Question 67

Despite the recommendations of the HR advisor, Urban Couriers decides to fill all 3 positions with independent contractors. Given the recent changes to rules governing the classification of workers due to Bill 148 and Bill 47, what should Urban Couriers be prepared for? a) Urban Couriers will have to justify its classification and could face prosecution if any workers are incorrectly classified as independent contractors. b) The Ministry of Labour will conduct an annual audit of all workers deemed independent contractors and could prosecute Urban Couriers if it finds proof of misclassification. c) The workers could sue Urban Couriers if they believe they have been misclassified as independent contractors, in which case they would have to prove they were.

Answer 67

C

Question 68

Grand River Landscaping provides large-scale landscaping services to commercial and municipal properties in Waterloo, Ontario. The organization recently introduced a new rule that all employees working as landscapers must be able to lift at least 50 pounds because of the type of materials and equipment they must handle at job sites. Recently, 2 employees have approached Elijah, the HR manager, about their work conditions. The first, Marsha, has worked as a landscaper for the past 5 years. Marsha is unable to lift 50 pounds. She believes this new rule discriminates against those employees who are unable to lift the required weight, particularly women, although some of the men cannot comply with the rule either. The second employee, Galen, has worked for the organization for over 20 years — for the last 10 years as a team lead. Galen discloses to Elijah that he suffers from a mental illness and will need certain accommodations because of his condition, including time off. Elijah is surprised to hear this, as Galen has never shown any signs of a mental illness and has never exhibited any functional limitations. 68) Senior management asks Elijah if it can justify the new rule requiring landscapers to be able to lift 50 pounds. What should Elijah advise? a) The rule is not discriminatory as employers have sole discretion in setting and implementing rules related to their operations that will ensure employee safety. b) The rule is not discriminatory if it is rationally connected to the function being performed, adopted in good faith, and is reasonably necessary to accomplish the legitimate work-related purpose. c) The rule is not discriminatory because it does not differentiate between employees on the prohibited ground of sex, as some of the male employees also cannot meet the requirement.

Answer 68

B

Question 69

Since Marsha cannot lift the required 50 pounds, she asks Elijah for an accommodation. How should Elijah respond? a) He should attempt to find Marsha alternative employment within the organization that does not require her to lift 50 pounds. b) He should offer Marsha an organization-paid membership at the local gym so she can work on improving her strength. c) He should suggest that Marsha find other employment because her job now requires her to lift 50 pounds

Answer 69

A

Question 70

When considering Galen's request for accommodation, what should Elijah keep in mind about Grand River's possible obligations? a) The employer is required to accommodate evident and non-evident disabilities only if they are proven to cause functional limitations to the employee. b) The employer may be required to accommodate Galen's non-evident disability even if it does not cause him any functional limitations. c) The employer is required to accommodate only manifestly evident disabilities.

Answer 70

B

Question 71

Elijah considers the Supreme Court of Canada's stance on incorporating the subjective component of a disability. What position has the Supreme Court taken on this issue? a) Employers are not always expected to provide accommodation for non-evident disabilities because they are undetectable and unverifiable. b) Employers are required to accommodate only medically identified disabilities because the subjective component would make accommodation too complex and difficult to implement. c) Employers must interpret a disability to include its subjective component so that a proper discrimination analysis can be conducted.

Answer 71

C

Question 72

Senior management at Grand River decides to refuse Galen's request for accommodation. How should Elijah respond to this decision? a) He should suggest that Grand River make an effort to accommodate Galen by using forms of accommodation the organization has used in the past. b) He should suggest that Grand River request supporting medical documentation from Galen to assess whether an accommodation is required and what would be appropriate. c) He should support Grand River's refusal to accommodate Galen because granting the accommodation would only encourage other employees to make their own requests.

Answer 72

B

Question 73

Morton is a manager at YoKo International's Toronto location. Annie, one of the employees who reports to Morton, has been having ongoing performance and attendance problems, despite Morton's performance management efforts. Morton is considering terminating Annie. Staff at the Toronto location recently unionized, and Morton is not sure how that will affect the situation with Annie. Morton approaches Laurel, the local HR manager, for advice. Morton asks Laurel which sources he should consult to determine Annie's entitlements if he decides to terminate her. What should Laurel suggest? a) Refer primarily to the collective bargaining agreement, but also to the Employment Standards Act, 2000. b) Refer only to the collective bargaining agreement, which takes precedence over any legislation. c) Refer to the Employment Standards Act, 2000, as it is the only source that establishes minimum termination entitlements.

Answer 73

A

Question 74

Morton asks Laurel whether Annie would be entitled to notice under Common Law. What should Laurel advise him? a) The Common Law principle of reasonable notice does not apply in situations where the legislation provides for notice periods. b) The Common Law principle of reasonable notice applies to all employees, including both unionized and non-unionized employees. c) The Common Law principle of reasonable notice does not apply to unionized employees.

Answer 74

C

Question 75

Scenario (for Questions 75-78) Ronald and Geraldine work for Beds for Badlands, a not-for-profit organization with offices in southern Ontario, the Alberta Badlands, and the Dakota Badlands. Both Ronald and Geraldine have worked at the Ontario location for the past 7 years. Throughout their tenure, they have been model employees, each regularly receiving glowing performance reviews. Recently, the Ontario office was assigned a new manager, Annika, who transferred from the Dakota branch. Annika approaches Stuart, the local HR manager, for help with a situation that has come to her attention. Annika informs Stuart that she has learned that Geraldine has a serious drinking problem and has repeatedly come to work intoxicated. It seems that staff have reported concerns over the years, but the problem was largely ignored by the previous manager. In addition, last week Geraldine was caught stealing a portable printer from the office. Although the item has only limited value, other pieces of office equipment have been going missing for quite some time. Annika learned that, over the past year, items have gone missing worth more than $5,000. When Annika met with Geraldine about the theft and her drinking, Geraldine claimed she only took the printer. She insisted it was an isolated act brought on by her struggle with alcohol abuse, which she acknowledged was a problem and said she wanted to get help with. Despite Geraldine's response, Annika suspects Geraldine took most of the missing items, and she wants to make an example of Geraldine by terminating her with cause. Annika asks Stuart if terminating Geraldine can be supported. What should Stuart advise? a) Geraldine's history of theft and coming to work intoxicated are adequate grounds to terminate her with cause. b) Annika and Stuart should have a disciplinary meeting with Geraldine to discuss their concerns before taking any other action. c) Annika can terminate Geraldine but only without cause since they don't know for certain how many items she stole.

Answer 75

B

Question 76

How will Geraldine's admission of a substance abuse problem affect Annika's ability to terminate her? a)It will make it harder for Annika to show just cause for termination. b) It will make it easier for Annika to show just cause for termination. c) It will not affect Annika's ability to terminate Geraldine.

Answer 76

A

Question 77

Stuart investigates the thefts further and determines that, except for the portable printer, it was actually Ronald who stole all the other items from the office. Should Stuart recommend Annika terminate Ronald with cause? Why? a) Yes. Ongoing theft of this type has damaged the trust between the employer and employee, and termination with cause is warranted. b) No. This is not enough to justify termination with cause. Progressive discipline would be more appropriate. c) No. Termination with cause is not justified, but as the behaviour has been going on for some time, Ronald should be terminated without cause.

Answer 77

A

Question 78

When Stuart confronts Ronald about the thefts, Ronald admits to stealing all the items but claims he has kleptomania, a condition that results in the uncontrollable urge to steal. What action should Stuart recommend now, with this new information? a) Terminate Ronald with cause since he admitted to the thefts. b) Terminate Ronald without cause since the behaviour, although the result of a medical condition, is likely to continue. c) Recommend Ronald seek treatment for his kleptomania and proceed to termination only if he is unwilling to do so.

Answer 78

C

Question 79

Scenario (for Questions 79-82) Jordyn has been employed at Roshton Pharmacentre, a small local pharmacy in Kingston, Ontario, for 6 years. As part of her job, Jordyn was issued a company vehicle that she uses to deliver customers' prescriptions to their homes. She is also allowed to drive the car for personal use. About 2 years ago, Roshton was purchased by a large chain, Pharma-World, which has pharmacies across Canada. Jordyn's employment contract was not revised at that time, and she continued to work much the same as she always had with little change to her day-to-day duties. Jordyn's comprehensive benefits package from Roshton also remained unchanged after the buyout, despite talk of Pharma-World switching Roshton's employees over to its less comprehensive plan for Pharma-World employees. Unfortunately for Pharma-World, the acquisition has not been as profitable as it had hoped, and the company has decided to terminate a number of employees, including Jordyn. The organization asks Shreya, its head of HR, to assist with the terminations. How much statutory notice of termination would Jordyn be entitled to? a) 2 weeks b) 6 weeks c) 8 weeks

Answer 79

B

Question 80

If Jordyn were terminated as part of a mass termination involving 205 Pharma-World employees, how much notice of termination would she be entitled to? a) 6 weeks b) 8 weeks c) 12 weeks

Answer 80

C

Question 81

How should Shreya address Jordyn's benefits package upon her termination? a) Jordyn should continue to receive her original benefits from Roshton until the end of her notice period. b) Jordyn should receive the benefits provided to other Pharma-World employees until the end of her notice period. c) Jordyn should receive the most favourable combination of both packages until the end of her notice period.

Answer 81

A

Question 82

How should Shreya take Jordyn's company vehicle into consideration when structuring her termination package? a) The vehicle should be counted as a benefit, and Jordyn should continue to use it until the end of her notice period. b) Jordyn should cease using the vehicle, and she should be compensated for the loss of its use throughout her notice period. c) Jordyn should cease using the vehicle, and she should not be compensated for the loss of its use.

Answer 82

B

Question 83

Gwen is Shawna’s manager at Contents-R-U Inc. Gwen has received complaints from the public related to Shawna's racist comments on her personal Facebook page. Shawna’s Facebook page also lists her place of employment. Gwen learns from other employees that Shawna is often drinking alcohol outside of work. Gwen is considering terminating Shawna for her online conduct and asks the organization's HR advisor whether there are legal risks to terminating Shawna. Gwen also wants to know if she would be justified in terminating Shawna with cause. If so, she wants know what should be included in the termination package, such as employee bonuses. Which of the following factors would be most relevant in determining whether Shawna should be terminated with cause? a) Whether Shawna displays remorse. b) Whether any of Shawna's co-workers have posted similar comments. c) How long Shawna has been posting the comments.

Answer 83

A

Question 84

Which of the following terminations would pose the highest risk for the employer? a) Termination of an employee who has been caught stealing from the employer for years. b) Termination of an employee with a history of alcoholism. c) Termination of an employee for assault against a colleague.

Answer 84

B

Question 85

When putting together Shawna’s termination package, which of the following is most likely to be considered part of her income? a) Disability benefits b) Use of a company vehicle c) Annual bonus given solely at the employer's discretion

Answer 85

A

Question 86

Which of the following bonuses should be included as part of Shawna’s termination package? a) A recurring bonus that was received for meeting sales goals. b) An end-of-year bonus that was stipulated in the employment contract, when termination was executed before the end of the year. c) A gratuitous bonus that was made at the employer's discretion

Answer 86

A

Question 87

Upon receiving her notice of termination, Shawna informs the HR advisor she would like take some of her accrued vacation time during her statutory notice period. Which of the following should be ensured before Shawna’s request is approved? a) Her request is at her own initiative, and she is not being pressured to take her vacation during her notice period. b) Her request is approved by her manager and will not cause any operational concerns. c) Her request cannot be approved since she is not entitled to vacation pay during her notice period.

Answer 87

A

Question 88

Scenario (for Questions 88 to 90) A federally-regulated organization asks its HR manager to confirm whether it is compliant with its obligations under the Canada Labour Code, including posting the required information for its employees. The HR manager has already posted a statement outlining the organization's general policy on the health and safety of employees at work. The HR manager has also posted materials related to health and safety prescribed by the Ministry of Labour. At the company’s branch in Kenora, Ontario, an employee asks the HR business partner about their employment rights but is unsure which legislation to consult. The employee reveals that her manager has subjected her to many forms of discrimination, particularly on the basis of her sex. The employee is considering legal action and wants to learn more about human rights in the workplace. What additional information must the HR manager post for employees? a) A copy of the Canada Labour Code section that outlines the organization's statutory obligations. b) A list of fire safety and emergency symbols. c) A copy of the Ministry of Labour's pamphlet on refusing unsafe work.

Answer 88

A

Question 89

Which of the following legislation would apply to the worker at the company’s Kenora, Ontario branch? a) Ontario's Employment Standards Act, 2000 b) Manitoba's Employment Standards Code c) The Canada Labour Code

Answer 89

C

Question 90

To learn more about the human rights in the workplace, which legislation should the HR business partner advise the employee to review? a) The Canadian Human Rights Act b) Ontario's Human Rights Code c) Both the Canadian Human Rights Act and Ontario's Human Rights Code

Answer 90

A

Question 91

JD Inc. is an Ottawa-based company with a unionized workforce. The owners of JD are interested in purchasing PLM Ltd. They ask JD's HR director to provide a list of considerations they would need to address with PLM in their upcoming meeting for the sale of the business. Dean works at PLM and has learned that the employer is in the process of changing ownership. Few weeks later, Dean receives an employment offer from the new owner, JD. The employment offer is substantially similar to his current employment agreement. Dean declines the offer and approaches HR for advice about his entitlements in this situation. A few months later, JD faces financial difficulty that forces it to make a series of budget cuts in the next quarter. JD does not believe it can afford to maintain its current pay equity plan and consults with the HR director to find an exception that will relieve it of having to meet its pay equity obligations. Additionally, JD wants the HR director to advise on whether it must comply with the existing compensation rates in PLM’s pay equity plan. Which of the following would the HR director need to include in the list of considerations for the meeting between JD and PLM? a) Plan to phase out the pay equity structure currently in effect at PLM b) An assessment of PLM's employees c) Termination packages for PLM employees whom JD does not intend to employ

Answer 91

B

Question 92

What should an HR professional advise Dean of his entitlements related to the new employment offer? a) Dean would not be entitled to the statutory minimums for termination. b) Dean would be able to pursue a wrongful dismissal claim if the new owner terminated him. c) Dean would likely have no common law claim for termination pay from either the current owner or the new owner.

Answer 92

C

Question 93

What should the HR director advise JD regarding whether there is an exception to meeting its pay equity obligations? a) The organization should try to contract its way out of the statutory minimums. b) The organization should cite its financial difficulty in defence of the pay equity adjustments it wishes to implement. c) The organization cannot cite financial hardship as an exception to its pay equity obligations.

Answer 93

C

Question 94

How should the HR director address whether JD must comply with the existing compensation rates in PLM’s pay equity plan? a) Reinforce the fact that JD only bought the business, not PLM's pay equity plan, and therefore JD is not responsible for continuing the plan. b) Advise that JD must honour any pay equity plan in effect at the time it acquired PLM. c) Suggest that the increases specified in JD's collective bargaining agreement be deemed as the pay equity adjustments specified by PLM.

Answer 94

B

Question 95

Alex has worked for Ref-RE Corporation, an Ontario-based company, for 2 years. After the holiday season, Alex informs HR of domestic violence at home. Alex has expressed in writing his intent to take domestic violence leave for 8 weeks to seek medical attention. The leave would start immediately. HR considers relevant legislation to determine Alex’s eligibility for the leave. Alex’s manager learns of his request for the leave and objects to it, citing increased operational demand in the department. HR reviews Bill 168. What is the significance of this amendment? a) It amended the Employment Standards Act, 2000 to incorporate employees' right to refuse work in unsafe situations. b) It amended the Employment Standards Act, 2000 to obligate employers to take preventive measures to ensure a safe and violence-free workplace. c) It amended the Occupational Health and Safety Act to reaffirm and specify employers' responsibilities for taking preventive measures to provide a safe working environment.

Answer 95

C

Question 96

Is Ref-RE Corporation obligated to grant Alex’s leave? a) The employer is required to grant the request for leave because Alex has met the length of work requirement and has not exceeded the maximum entitlement. b) The employer is not required to grant the request for leave because Alex did not provide sufficient notice. c) The employer is not required to grant the request for leave because Alex has not worked with the employer long enough to qualify.

Answer 96

A

Question 97

Alex’s manager decides to terminate him for taking leave during a crucial time for the department. This action is best characterized as which of the following? a) Punitive measure b) Reprisal c) Constructive dismissal

Answer 97

B

Question 98

Scenario (for Questions 98 to 100) Crenshaw, the HR manager, is asked to respond to questions raised by other managers at the company’s operational meeting. The first question relates to employment contract clauses. The second question concerns whether a manager can terminate an employee for dishonesty. The last question relates to severance packages as a result of laying off employees due to an elimination of an entire department in the company. Which of the following clauses in an employment contract is most likely to pose a legal risk and should be closely monitored by an HR professional? a) A clause that limits the employee’s termination entitlements to those provided under the Employment Standards Act, 2000. b) A clause that requires all employees to read and abide by an employee handbook. c) A clause that limits the employee’s ability to compete directly with the organization during or after their employment tenure.

Answer 98

A

Question 99

Which legal principles are often applied when determining whether it is justifiable to terminate an employee for dishonesty? a) Proportionality and context mark b) Mens rea and actus reus c) Necessity and justification

Answer 99

A

Question 100

Which of the following employees would keep their severance entitlements? a) An employee who retires on their full pension during the termination notice period. b) An employee who would have been included in the mass termination but was then terminated for frustration of contract. c) An employee who resigns and gives 2 weeks' notice during the termination notice period.

Answer 100

C