Employment Law - Prep Exam 1 Flashcards
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.
A
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.
B
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.
B
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.
A
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.
C
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.
B
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.
A
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
C
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.
C
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.
C
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.
A
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.
C
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.
A
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.
C
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.
B
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.
B
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.
B
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.
A
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.
B
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.
A
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
B
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.
B
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.
A
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
B
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.
C
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.
B
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.
B
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
A
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.
C
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.
B
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
A
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
C
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.
A
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.
C
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.
B
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.
B
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.
A
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.
C
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.
C
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.
B
