Employment Law - Prep Exam 2

Question 1

Tanley is a new HR associate at Y.com, a technology firm located in Waterloo, Ontario. Tanley is about to attend their first negotiation with the HR manager and recalls learning about bargaining power in the employer-employee relationship.

After the negotiation, Tanley is assigned to work with the senior HR business partner to address an issue concerning an employee contravening the Occupational Health and Safety Act. The employee’s manager wants to know the implications of terminating the employee.

1) Which area of the law would Tanley recall as allowing equal bargaining power in negotiations between an employer and an employee?
a) Statute law
b) Common law
c) Constitutional law

Question 2

If the employee is terminated without notice, what type of claim can they make against the employer under common law?
a) A claim of constructive dismissal.
b) A claim of wrongful dismissal.
c) A claim for greater benefits.

Question 3

Tanley searches the OHSA to find out the maximum fine applicable to or levied against individuals who are convicted of an offence. Which of the following is maximum amount?
a) $10,000
b) $500,000
c) $1,500,000

Question 4

Reasonable notice of termination under common law will consider factors such as the employee’s age, position, and length of service. Which of the following terms captures these common law factors?
a) Bardal factors
b) Farber factors
c) McCormick test

Question 5

Andrea is a model in the advertising industry. The agency for which she works informs her that high heels are required. Andrea feels that the agency’s rule unfairly targets women in the workplace and is an outdated notion. She approaches the HR manager to discuss the footwear rule. What should the HR manager advise?
a) Because it is in the advertising industry, the employer can require footwear with an elevated heel.
b) Employment statutes do not prohibit employers from implementing a requirement of footwear with an elevated heel in any workplace.
c) The employer is in violation of the employment statute, which prohibits the requirement of footwear with an elevated heel in the workplace.

Question 6

After applying for a position with a small innovative software company, Angelo is excited to hear he has been selected for an interview. When Angelo arrives for his interview, the interviewer informs him they need to reschedule, and then later cancels the interview altogether. Angelo believes that his obesity, which stems from a medical condition, is the reason the company refused to interview him. What are the implications for the company if Angelo’s belief is correct?
a) The company could face legal action for discriminating against Angelo.
b) There can be no legal implications because a person’s weight is not a protected ground under the Human Rights Code.
c) There are no implications because discrimination can occur only after the employer-employee relationship is established.

Question 7

Jenki recently celebrated her 10-year anniversary at work. She has an excellent performance record and a clean disciplinary record. After Jenki announces she is pregnant and intends to take time off once the baby arrives, Jenki’s employer identifies numerous performance issues and dismisses her. What form of discrimination has likely occurred?
a) Discrimination based on gender identity.
b) Discrimination based on family status.
c) Discrimination based on sex.

Question 8

Shelley recently applied to be a claims adjuster with an insurance company. Following her interview, the company tells her that although she is highly qualified for the position, her physical disability would hinder her from effectively performing the job’s duties. Specifically, Shelley would be required to hold a valid driver’s licence and to drive long distances each day to meet with clients. Although Shelley’s disability prevents her from obtaining a driver’s licence, she believes the organization is just using this as an excuse not to hire her because of her disability. If Shelley files a human rights complaint against the organization, why might she not win?
a) The company could claim undue hardship if expensive workplace renovations were required to accommodate Shelley.
b) The company is not obligated to accommodate Shelley since an employer-employee relationship has not yet been formed.
c) The company could demonstrate that holding a valid driver’s licence is a bona fide occupational requirement of the position.

Question 9

Jamal is selling his restaurant in Collingwood, Ontario, and wants to ensure he fulfills his obligations to his employees during the sale of the business. What should Jamal consult when determining his obligations?
a) Occupational Health and Safety Act (OHSA)
b) Accessibility for Ontarians with Disabilities Act, 2005 (AODA)
c) Existing employment contracts and the common law

Question 10

Kris Lager was an employee of Realtors-Realtors for a number of years before she was dismissed without notice or pay. After seeking legal advice, Kris learns that a notice period was not clearly specified in her employment contract. Kris believes she was wrongfully dismissed and has decided to bring the matter before the court. If the Court determines Kris was in fact wrongfully dismissed, which of the following entitlements is she likely to receive?
a) Statutory termination notice or pay in lieu of notice.
b) Common law notice.
c) Statutory notice in addition to common law notice will be retroactively applied together.

Question 11

Nur, the HR director, is informed of the company’s decision to terminate 200 employees due to a restructuring of the company. The senior management team asks Nur to determine notice requirements during mass terminations. Nur is also tasked with providing the benefits and other information of hiring independent contractors, as a potential option for the company in the near future.

11) After looking into mass termination notice requirements, how much notice can Nur tell senior management the 200 employees are entitled to?
a) 8 weeks
b) 10 weeks
c) 12 weeks

Question 12

Nur can state which of the following as a benefit of hiring independent contractors?
a) Employers are not required to pay into Employment Insurance or other programs on behalf of independent contractors.
b) Employers receive a tax rebate if they employ more than 5 independent contractors during a calendar year.
c) Employers are required to provide independent contractors only with the minimum notice under the Employment Standards Act, 2000 and not the more costly requirements under common law.

Question 13

In his research, Nur learns that the employer no longer bears the burden to prove a worker has been appropriately classified as an employee or an independent contractor. Which legislation brought about this change?
a) Employment Standards Act, 2000
b) Fair Workplaces, Better Jobs Act
c) Making Ontario Open for Business Act

Question 14

Jerel, an HR business partner, is presented with an employee termination case. A review of the employee’s file reveals they were permitted the use of a company vehicle and has stock options. Jerel must decide how the use of a company vehicle and stock options impact the employee’s termination package.

Jerel also learns that the termination clause in the employee’s employment contract does not expressly provide for the continuation of benefits during the termination notice period. Jerel knows that the employee’s termination is based on their dishonesty and considers whether proportionality and context apply at termination.

14) In considering the employee’s use of a company vehicle, which of the following circumstances would Jerel consider a benefit to which can be compensated when structuring the termination package?
a) It should always be included in the benefits calculations.
b) It should be included when it is used by the employee for personal, non-business purposes.
c) It should never be included in the calculations.

Question 15

Which of the following is true about the terminated employee’s stock options?
a) The employee cannot exercise their stock options once reasonable notice begins.
b) The employee can exercise their stock options until the end of their notice period unless their contract prohibits it.
c) Once the employee has been terminated, they can exercise their stock options only at the employer’s discretion.

Question 16

What are the implications when an employee’s termination clause does not expressly provide for the continuation of benefits during the termination notice period?
a) The termination clause is unenforceable.
b) The statutory minimums apply.
c) The entire contract is unenforceable.

Question 17

In what circumstance are the concepts of proportionality and context key factors to consider?
a) When hiring and training a new employee.
b) When determining an employee’s accommodation.
c) When terminating an employee for misconduct.

Question 18

Which of the following is the most important factor Jerel should consider to determine whether the employee’s dishonesty justifies termination?
a) Whether the dishonesty breached the bond of trust between the employer and employee.
b) Whether the dishonesty involved ongoing behaviour.
c) Whether the dishonesty negatively affected the employer’s operations.

Question 19

Mohammed, a senior HR business partner, leads an educational session for operational managers to learn more about employment contracts, reasonable notice, the bargaining process, etc. The managers have prepared questions they wish Mohamed to answer after the session.

19) When placing an employee on temporary layoff, what action must an employer take to avoid liability?
a) Provide 7 days’ written notice of the layoff
b) Provide 7 days’ written notice and a reason for the layoff
c) None. The employer is not required to provide written notice or a reason for the layoff.

Question 20

When calculating reasonable notice damages, which of the following is true of pension earnings?
a) Pension earnings do not reduce reasonable notice damages.
b) Pension earnings are to be treated the same as any other income.
c) Pension earnings will reduce the amount owed if the employee is on a full pension.

Question 21

Under common law, what is the maximum notice that employees can receive on termination?
a) 12 weeks for regular employees and 24 weeks for senior positions.
b) 12 months for regular employees and 24 months for senior positions.
c) No maximum has been established under common law.

Question 22

What is the process under which employers and employees negotiate union contracts?
a) Collective bargaining
b) Collective negotiation
c) Contract bargaining

Question 23

Jerry is a sheet metal worker at a unionized plant in Ontario. He has worked there for 7 years. His collective agreement states that he is to receive 4 weeks’ vacation per year, which he plans to take all at once during the month of July. That month is usually the slowest period at work and none of Jerry’s co-workers plan to take vacation at the same time. When he submits his request for vacation, his manager only allows him to take 3 weeks of vacation. Is the manager’s decision justifiable, and on what basis?
a) Yes. Under the Employment Standards Act, 2000, which supersedes the collective agreement, Jerry is only entitled to 3 weeks.
b) No. Jerry’s manager should have approved the full 4 weeks provided by the collective agreement, which cannot be overridden.
c) Yes. Employers are not required to approve vacation requests for periods longer than a week for each request.

Question 24

Sheryl has worked at Vue Automobiles for 15 years. Although originally hired as an administrative assistant, Sheryl transferred to the Sales Department, where she was promoted to Regional Sales Manager soon thereafter. She has held this position for the past 10 years. Despite excelling at her job, Sheryl is not well liked by her team. The employer has decided to terminate Sheryl without cause. Sheryl’s employment contract, which has not been updated since before her promotion to Regional Sales Manager, states she is entitled to significantly less termination pay than a person in her position normally would be. Identify the reason why this termination clause is likely unenforceable?
a) As per the ESA, the contract would be considered frustrated after 10 years.
b) The common law would consider the contract to have expired since it was not renewed in the past 5 years.
c) The contract may be considered obsolete, as it has not been updated in many years, especially when Sheryl changed positions.

Question 25

An employment contract contains the following clauses: (1) “The employee may be terminated at any time, without just cause, provided he or she is given prior written notice in accordance with the Employment Standards Act, 2000”; and (2) “During the notice period, the terminated employee will continue to receive any benefits he or she may have received while employed.” Are these clauses enforceable? a) Neither clause is likely enforceable. b) The first clause is likely not enforceable, but the second likely is. c) Both clauses are enforceable only if the employee had the opportunity to seek independent legal advice before signing.

Question 26

A small organization experiencing a downturn in business is trying to save costs. Nicholas and Colin both work for the organization. Colin has been on a temporary layoff for the past 12 weeks and was supposed to return, but the organization cannot afford to keep both employees on staff. The organization seeks advice from an HR consultant. What action should the HR consultant recommend the organization take to minimize its costs? a) Terminate Colin and lay off Nicholas. b) Bring Colin back to work and lay off Nicholas. c) Keep Colin on layoff and lay off Nicholas.

Question 27

A long-time employee of an organization that is about to unionize has a very generous employment contract. He is worried he will lose his benefits and perquisites if forced to join the union. Are his fears justified? Why? a) No. The employee cannot be forced to join the union and even if he does join, the resulting collective agreement will only supplement his existing employment contract. b) No. A collective agreement is almost always more favourable to employees than their existing employment contracts. c) Yes. While the employee cannot be forced to join a union, any collective agreement he is subject to will replace his current employment contract.

Question 28

An Ontario employer has been found guilty of misconduct during the union certification process. In light of the changes ushered in by Bill 148 and Bill 47, what should the employer expect from the Ontario Labour Relations Board? a) The Board must certify the union without requiring a vote. This is known as remedial certification. b) The Board must decide to certify or deny union certification based on the facts before it. c) The Board may decide whether a vote would be sufficient to remedy the employer misconduct or if remedial certification is required.

Question 29

Trinity has been an HR manager at Menzel Inc.’s Canadian office for the past 8 years. During that time, the company’s policies on workplace violence and harassment have not been updated or strictly enforced, although luckily the company has not experienced any serious problems so far. Recently, however, Trinity has noticed that the working environment has drastically changed for the worse. Micah, a senior employee of Menzel, has worked with Catherine, a more junior employee, for over a decade. Lately, Micah has witnessed a change in Catherine’s behaviour, including Catherine becoming increasingly aggressive toward her colleagues and throwing things when she is upset. Micah no longer feels safe working with Catherine and drafts a letter outlining his concerns and his refusal to continue working in that environment. Micah explains to Trinity that, in addition to his own experiences, some of his co-workers have complained privately to him about Catherine’s comments and actions, which they feel have poisoned the work environment. Micah believes that although his co-workers’ complaints were not formally submitted, the company should address the issue before the situation worsens. Considering these concerns, management asks Trinity to review the company’s current preventive policies and programs and to provide a detailed assessment of the risks of violence and harassment in the workplace. 29) Upon receipt of Micah’s letter, what should Trinity’s first course of action be? a) Investigate the issue internally and determine if disciplinary action is warranted. b) Provide Micah with a safe place to work and report his refusal to work to the Ministry of Labour. c) Ask Catherine if she is willing to take a leave of absence.

Question 30

Which of the following is the most important for Trinity to consider when assessing the risks of harassment and violence in the workplace? a) The common forms of violence in other workplaces and their accompanying preventive measures. b) The costs associated with employee absenteeism related to incidents in the workplace. c) The expressed concerns of the employees in the workplace.

Question 31

Trinity reviews the company’s harassment and violence prevention program. To ensure it is effective, what should Trinity make sure is included in the program? a) Rigorous reporting mechanisms. b) A reward system for reporting incidents. c) Mandatory employee surveillance.

Question 32

rinity looks into the company’s legal responsibilities if the staff’s concerns about a poisoned work environment are validated. Which of the following statements is correct? a) Under the Employment Standards Act, 2000, the employer and employees are both responsible for fostering a positive, safe, and inclusive working environment. b) Under the Human Rights Code, a formal complaint must be submitted to the employer to trigger employer obligations under the law. c) Under the Occupational Health and Safety Act, the employer must ensure a safe work environment.

Question 33

Oksana has worked at the same government agency for the past 10 years and has always gotten along well with her co-workers. Her friendly nature has particularly been noticed by Graham, who believes Oksana is friendly toward him because she is attracted to him. Graham regularly makes flirtatious comments and remarks to Oksana, although Oksana has told him that she is not comfortable with his advances and she would like him to stop. Graham surmises Oksana is merely “playing hard to get.” Oksana approaches Wena, the agency’s HR advisor, to discuss the situation. She tells Wena that Graham’s remarks make her uncomfortable, and although she has told Graham that his comments are unwelcome, his behaviour has persisted. Graham has defended his comments as just harmless flirtation.. 33) Which statute should Wena consult when determining whether Graham’s actions are harassment? a) Employment Standards Act, 2000 b) Criminal Code c) Occupational Health and Safety Act

Question 34

Given the facts available, could Wena make the determination that Graham’s actions amount to harassment? On what basis? a) No, because Graham has not received a formal warning about his behaviour yet. b) No, because Graham’s actions did not include physical touching of a sexual nature. c) Yes, because Graham knew or should have known his actions were unwelcome.

Question 35

Wena discovers the employer’s harassment policy is out of date and decides to update it. How often should she review the policy after she updates it? a) Every 6 months. b) Every year. c) Every 2 years.

Question 36

Frankie works at Next DVR, a large software development company based in Waterloo, Ontario. Over the past few months, Frankie has experienced significant changes in life that he believes will eventually affect his professional life. After much thought, Frankie decides to speak with his employer and approaches Luke, the company’s HR director. Frankie tells Luke that he is a trans man going through transition. Frankie expresses concerns about safety and inclusion in the workplace as a result of his transition. Luke provides Frankie with assurance that the workplace will be inclusive and free of harassment and discrimination. 36) What are Next DVR’s obligations in regard to ensuring a harassment-free working environment for Frankie? a) While the employer has certain obligations, it cannot demand that other employees respect Frankie’s transition. b) Irrespective of other employees’ beliefs, it is the employer’s obligation to ensure a harassment-free working environment. c) The obligation to ensure a harassment-free working environment is triggered only once it is established that the actions of other employees have a negative effect.

Question 37

Which of the following actions by Next DVR best supports the assurance Luke provided to Frankie? a) Next DVR has looked at barriers to gender expression and gender identity in the workplace and has developed policies and procedures and training for employees. b) Next DVR hires only individuals who respect and understand the need for an inclusive and harassment-free working environment. c) Next DVR conducted an employee survey on inclusivity and safe working environment and the ratings were excellent.

Question 38

In terms of supporting medical documentation of Frankie’s transition, what right does Next DVR have and why? a) Next DVR can ask for medical documentation as employers are entitled to documentation for any form of accommodation requests. b) Under no circumstances that Next DVR can ask for supporting documentation in Frankie’s case as it is an invasion of Frankie’s privacy. c) Next DVR cannot ask for supporting medical document for providing inclusive and harassment-free working environment to employees.

Question 39

Sometime later, Luke discovers that internal company communications and personnel records have not been appropriately updated to reflect Frankie’s transition. What action should Luke take to address this? a) Luke should inform the employer that the company must ensure changes are made to all documents and communications to reflect Frankie’s identity. b) Luke should inform the employer that changes should at least be made in direct communications between the company and Frankie. c) Nothing, as no action is required unless Frankie makes a formal request to update the records.

Answer 40

Senior management at Next DVR is reluctant to make any policy changes and suggests that Frankie is expressing himself as a particular gender, rather than identifying with that gender. How should Luke respond to this suggestion? a) Inform management that the two concepts are the same. b) Inform management that gender identity and gender expression are each separately protected grounds. c) Support management’s position since it provides sufficient basis to reject any accommodations Frankie may request.

Question 41

Deon works at Truman Textiles, a family-owned manufacturing company with 50 employees. Throughout the course of his shift, Deon typically operates one machine. One morning, during a routine inspection before the start of his shift, he notices a broken part on the machine. Deon immediately reports his concern about operating the machine to his supervisor, Timeo. Although the broken part has the potential to cause damage to the machine, Timeo informs Deon that it is still safe to operate until the new part arrives. Deon does not believe the machine is safe and refuses to operate it. Timeo believes that Deon is intentionally creating trouble and decides to assign him to work on consecutive weekends. Deon observes the Sabbath and has never worked a weekend shift. He believes Timeo’s assignment is discriminatory and punitive for his refusal to operate an unsafe machine, so he consults the company’s HR manager. In the meantime, because of Deon’s refusal to work, the Ministry of Labour initiates an investigation and sends an inspector to Truman Textiles. 41) Under which legislation is Deon claiming the right to refuse unsafe work? a) Occupational Health and Safety Act b) Employment Standards Act, 2000 c) Human Rights Code

Question 42

At the conclusion of the investigation, what is the ministry inspector required to do? a) Provide the investigative decision and reasons in writing to all relevant parties. b) Provide the investigative decision and reasons orally at a meeting with all relevant parties. c) Provide the investigative decision, but not the reasons, in writing to all relevant parties.

Question 43

If Deon disagrees with the inspector’s findings and wishes to challenge the results, where should he raise his challenge? a) Superior Court of Ontario b) Ontario Labour Relations Board c) Workplace Safety and Insurance Board

Question 44

If Deon pursued a claim of discrimination in regard to the scheduling issue, how likely is it that he would succeed? Why? a) Unlikely, since the assignment was temporary, not permanent. b) Unlikely, since Deon was not assigned to work on a statutory holiday and therefore cannot refuse to work. c) Likely, since Deon observes the Sabbath and can refuse to work on religious grounds.

Question 45

The Imperial Finance Company, headquartered in Ontario, wants to expand and increase its branches across Canada, including opening a new west coast branch in British Columbia (B.C.). Abdul, a director at the Ontario headquarters, is tasked with overseeing the expansion. As part of that job, he has been reviewing the policies at each of the regional and local branches to ensure they are consistent with national corporate policies. In doing so, Abdul discovers that the health and safety policies at the Newfoundland and Labrador branch are out of date, and the local branch manager has not fulfilled all statutory obligations. The local HR manager for the Newfoundland and Labrador branch informs Abdul that the branch’s last inspection by a health and safety representative was over a year ago. 45) Which employment legislation would govern the employees of the new British Columbia branch? a) British Columbia’s Employment Standards Act b) Ontario’s Employment Standards Act, 2000 c) Canada Labour Code

Question 46

In order to remedy the deficiencies in its health and safety compliance, what must the Newfoundland and Labrador branch of Imperial Finance Company do immediately? a) Form an occupational health and safety committee and have a meeting within 2 weeks of its establishment. b) Appoint a worker health and safety representative from the 15 employees in the branch. c) Instruct the branch manager she should keep a copy of the Occupational Health and Safety Act, RSNL 1990, c. 0-3, in her office.

Question 47

In addition to opening a new branch in British Columbia, the Imperial Finance Company decides to acquire an existing local consulting firm in that province. Which legislation would govern the employees of the newly acquired consulting firm? a) Ontario’s Employment Standards Act, 2000 b) British Columbia’s Employment Standards Act c) Canada Labour Code

Question 48

Jackson is an HR professional at Lynch Corporation, a manufacturing company with 40 employees located in London, Ontario. Marilyn, who has worked for the employer for 5 years, approaches Jackson for advice concerning her current predicament. Her father’s medical condition has greatly deteriorated in the past 2 weeks and she wishes to spend time with him in his final days. Marilyn asks Jackson about taking a leave of absence to care for her father. Marilyn shares that the doctors have predicted that her father will likely succumb to his illness in the next 2 to 3 months. Marilyn therefore worries that a few weeks away to care for him would not be sufficient. She is also concerned that a lengthy leave of absence may put her at risk of losing her job. Marilyn asks Jackson what options are available to her. 48) Which statutory leave of absence should Jackson recommend for Marilyn’s situation? a) Family Caregiver Leave. b) Family Medical Leave. c) Compassionate Care leave.

Question 49

Marilyn asks Jackson specifically about the family caregiver leave. What should Jackson advise her about its applicability to her situation? a) She is eligible for it because it is for a member of her immediate family. b) She is eligible for it, and can take up to 6 weeks of paid leave per calendar year. c) She is eligible for it, but will have to provide a medical certificate if asked.

Question 50

If Marilyn decided to take a family caregiver leave, which of the following statements is true? a) Marilyn would be entitled to up to 6 weeks of paid leave and 8 weeks of unpaid leave per year. b) Marilyn would be required to demonstrate that no other family member was available to care for her father in her place. c) Marilyn would need to inform Lynch Corporation of her intention in writing before or soon after taking the leave.

Question 51

Marilyn decides to take an unpaid leave and asks Jackson if she can apply for compassionate care benefits under the Employment Insurance (EI) program. What should Jackson advise her? a) Marilyn does not qualify since EI is only for the termination of employment. b) Marilyn does not qualify since compassionate care benefits is for the care of children only. c) Marilyn may qualify for compassionate care benefits if she takes family medical leave.

Question 52

Kyle, a doctor, is the sole medical practitioner of a family medical clinic in Etobicoke, Ontario. Kyle has been a family doctor for more than 35 years and now wants to retire. He has been looking for a younger doctor to take over his practice for the past 2 years. Helga has worked at the practice as a receptionist for 10 years, initially for the previous doctor and then for Kyle when he took over the practice 8 years ago. Helga is aware Kyle is looking for someone to take over the practice but she has always been assured that she will be retained by the new doctor. After taking a 3-week vacation to Thailand, Helga returns to the office and finds that Claudia has now assumed Kyle’s practice, with Kyle working only 1 day per week. A month later, Kyle tells Helga he intends to sell the practice to Claudia, who will continue to employ Helga. Although Helga is good at her job, she never seems to “click” with Claudia. After working for Claudia for 2 years, Helga is terminated with 2 weeks’ pay in lieu of notice. Helga believes she is entitled to 12 years of severance pay and meets with an HR consultant about her options. 52) Which of the following factors is key to deciding whether Helga is entitled to continuous employment under Claudia’s ownership? a) Whether Claudia continued to employ Helga after taking over the practice. b) The length of time Claudia employed Helga after taking over the practice. c) Whether Claudia bought the practice and continued to employ Helga.

Question 53

Helga wants to sue for severance pay. Which of the following is critical to the success of her claim? a) Pay stubs received from both Kyle and Claudia. b) Proof that she has been constructively dismissed. c) A contractual agreement showing she was to continue as an employee of the clinic.

Question 54

Which of the following factors will the court likely consider when reviewing Helga’s claim for severance pay? a) Claudia did not create a new contract with Helga after buying the practice and therefore must recognize Helga’s previous service. b) Claudia acted in good faith by continuing to employ Helga after buying the practice but she is not required to recognize Helga’s previous service. c) Claudia is not obligated to recognize Helga’s previous service, so 2 weeks’ pay in lieu of notice is sufficient for the 2 years Helga worked for Claudia.

Question 55

Lorelyn is a senior HR professional at a medium-sized manufacturing company, RAC Parts, in Windsor, Ontario. The company spent the latter half of 2016 preparing for a merger with TIK Inc., which was finalized in January 2017. The new company is called TIK-RAC Inc. With the merger finalized, TIK-RAC’s CEO asks Lorelyn whether the company is required to review its pay equity plan. RAC Parts and TIK last reviewed their respective pay equity plans in April 2016 and May 2016. After her review, Lorelyn reports that there are significant differences between the 2 pay equity plans. 55) When is TIK-RAC required to review its pay equity plan again? a) Immediately b) 17-Apr c) 17-May

Question 56

In what circumstances would a review of TIK-RAC’s pay equity plan not be necessary? a) If TIK-RAC hired several administrative assistants for its executive staff. b) If TIK-RAC bought a supplier’s manufacturing plant. c) If TIK-RAC installed a new communication network.

Question 57

When Lorelyn reviews the existing pay equity plans for RAC Parts and TIK Inc., respectively, she discovers significant differences between them. The CEO asks Lorelyn to develop a new equity plan for TIK-RAC that recognizes the lower cost elements from each existing plan to lower the company’s overall costs. How should Lorelyn respond to this direction? a) She should advise that the company could adopt whichever previous plan provided the lowest costs in its entirety. b) She should advise that a new plan could be established based on the statutory minimums. c) She should advise that there is no way to lower costs.

Question 58

Yalini is a senior employee at ElickTrons Inc. She has always been exceptionally good at her job and a model employee. Last year, Yalini was diagnosed with a mental illness, and although she has not experienced any functional limitations to date, she wants to know what her benefits package includes just in case. Yalini approaches Margot, the company’s HR manager, to seek assistance. Margot tells Yalini that the company is currently changing its employment benefits package and will communicate the changes to the staff the next week. At that time, the employees will need to sign an acknowledgement of the new package. Upon receiving and reviewing the new benefits package, Yalini notices discrepancies between the benefits afforded to employees suffering from physical illnesses and those suffering from mental illnesses. Specifically, while employees with mental illnesses initially receive the same benefits, those benefits cease much sooner than benefits for physical conditions, irrespective of whether the employees have returned to work. Yalini realizes that if she is ever unable to work due to her illness, she would receive fewer benefits and for a shorter period than her co-workers with physical illnesses. She decides to file a claim of discrimination against her employer. When ElickTrons hears of Yalini’s impending legal action, Margot is asked to start preparing a defence to the claim. 58) Which protected ground would Yalini likely cite in her claim of discrimination? a) Discrimination based on disability. b) Discrimination based on inequity. c) Discrimination based on inequality.

Question 59

For ElickTrons, which of the following arguments would form the best defence against Yalini’s claim? a) The severity of an employee’s illness or disability should dictate the amount of benefits the employee receives. b) Benefits are not the only support an employer can offer, and the employer’s accommodation policies may compensate for the difference in the benefits package. c) Yalini consented to the amount of entitled benefits when she signed and accepted the new benefits package.

Question 60

Which of the following statements is true about ElickTrons’ new benefits package? a) The package achieves due diligence since all employees received the same benefits at the time of signing. b) The package does not sufficiently consider protection from harm of future disability. c) The insurer, and not the employer, is responsible for determining how the benefits are distributed.

Question 61

If found to be discriminatory, which category of discrimination would apply to the benefits policy? a) Constructive discrimination b) Intentional discrimination c) Direct discrimination

Question 62

Menka created a successful and rapidly growing social media application to connect iguana owners. To cater to increasing demand, Menka needs to hire staff and has posted 2 new positions. The postings specifically ask for individuals between the ages of 18 and 25, and preferably female. After interviewing numerous candidates, Menka hires one male and one female candidate, both under the age of 25. Valeria, a 30-year-old female candidate with a strong Spanish accent, was interviewed but not hired. Valeria considers the job requirements discriminatory and looks into making a claim against Menka. 62) What would likely be the most successful basis for Valeria’s claim? a) Discrimination based on gender. b) Discrimination based on race, ancestry, or place of origin. c) Discrimination based on age.

Question 63

Even though Menka’s job requirements could be potentially discriminatory, her hiring policy could be supported if the criteria were shown to be bona fide occupational requirements. What would Menka need to do to establish that? a) Demonstrate that the purpose of the criteria is rationally connected to performing the job. b) Demonstrate that anyone who did not meet the criteria would require accommodation. c) Demonstrate that there are no reasonable alternatives to the criteria.

Question 64

Talia, Mike, and Liz all work for DLP-Music Inc., located in Barrie, Ontario. While each works in a different role, they work as a team and are required to have substantially the same skills, efforts, and responsibilities. From a casual conversation with Talia, Mike discovers that his rate of pay is lower than Talia’s rate of pay. While Mike initially accepts that there must be reasons for their difference in pay, once Liz reveals that her rate of pay is the same as Talia’s, Mike believes that the discrepancy between his and his teammates’ pay is unfair. He especially believes this as he has been working beyond his own job description to help out his teammates in every possible way. Mike seeks advice from the HR manager. DLP-Music has a gender-balanced workforce and is fully compliant with equity legislation. 64) What should the HR manager advise Mike about the discrepancy in his pay rate? a) Since Mike does not perform identical work as Talia and Liz, the difference in pay rates is appropriate. b) Since Mike performs substantially the same type of work as Talia and Liz, he is entitled to the same rate of pay. c) Mike is not entitled to the same rate of pay just because he worked beyond the scope of his job description.

Question 65

What factor could justify the difference in the rates of pay between Mike and his team members? a) The differing rates of pay are required for compliance with the Pay Equity Act. b) The differing rates of pay are due to a seniority system that allows higher rates for employees who have worked for the company longer. c) The differing rates of pay reflect differences in the employees’ education levels.

Question 66

DLP-Music decides to give all the team members the same rate of pay and considers cutting the salaries of Liz and Talia. What should the HR manager advise about this approach? a) DLP-Music can only lower the rate of pay of employees if it increases employee benefits as compensation. b) DLP-Music is able to lower the rate of pay of employees only to achieve equal pay for equal work. c) DLP-Music is prohibited from lowering the rate of pay of any employees even to achieve equal pay for equal work.

Question 67

Mahmood will be working on his employer’s upcoming audit and is anticipating working a lot of overtime. He and his employer have agreed, in writing, to increase his weekly maximum hours of work. Other than getting the agreement signed, what else needs to be done to ensure the agreement is valid? a) The new weekly maximum must not exceed 60 hours b) The agreement must include a statement in which Mahmood acknowledges receipt of the most recent information sheet on hours of work and overtime pay from the Director of Employment Standards. c) The employer must submit the signed agreement to, and receive approval from, the Director of Employment Standards before Mahmood can work the additional hours.

Question 68

For over 15 years, Arthur has worked as a machine operator for a unionized auto parts manufacturer in Hamilton. The company prides itself on the safety and efficiency of its factories. One morning, Arthur finds that the specific machine he uses for his job is not working properly. Upon inspection, Arthur notices there are broken components inside the machine. He reports the problem to his supervisor and to his health and safety representative and tells them he will not work with the machine until it is fixed. By noon the next day, the maintenance technician reports that the machine has now been fixed and Arthur can go back to work. However, Arthur does not believe the machine could have been fixed so quickly and he requests a Ministry of Labour (MOL) investigation. While waiting for the MOL investigation, Arthur’s supervisor suggests that he continues working with the machine because the factory has an important production deadline to meet. Arthur refuses and asks to switch to another workstation. Overhearing the discussion between Arthur and his supervisor, another employee offers to switch machines with Arthur and operate the machine Arthur believes is unsafe. 68) Which of the following would protect Arthur from discipline for refusing to work when he first noticed the broken components? a) Workplace Safety and Insurance Act, 1997 b) Canada Occupational Health and Safety Regulations c) Ontario’s Occupational Health and Safety Act

Question 69

Can Arthur continue to refuse working with the machine even after the maintenance technician reports it has been repaired? On what basis? a) Yes, if he believes the machine is still unsafe. b) No. His refusal could be considered insubordination because the necessary repairs were completed. c) Yes, if another employee is willing to operate the machine in his place.

Question 70

Can the company ask or allow another employee to operate the machine despite the ongoing investigation by the Ministry of Labour? On what basis? a) No, the company cannot allow any employee to operate the machine without approval from the Ministry of Labour. b) Yes, provided the employee agrees and is capable of operating the machine, and the company has reasonable grounds to believe the machine will operate as expected. c) Yes, provided the employee still agrees after being made aware, in the presence of a health and safety representative, of Arthur’s reason for refusing to work.

Question 71

After a lengthy investigation, the ministry inspector determines that Arthur was mistaken and the machine is safe to operate. Because Arthur refused to operate the machine during that time, the factory missed an important production deadline. Arthur’s supervisor recommends Arthur be terminated as a result. What should the company’s HR manager advise? a) Termination would constitute a reprisal and no action can be taken against Arthur. b) Termination would likely be considered a constructive dismissal. c) Termination would not be justified and Arthur should only be subject to progressive discipline.

Question 72

After a brief interview at a popular Toronto barbecue restaurant, Manuela is asked to work a 10-hour trial shift to get to know the rest of the staff and to learn how the restaurant operates. Manuela agrees, and at the end of the shift, the general manager offers her a part-time position. While Manuela is disappointed that she was not offered a full-time position, she is nevertheless happy to be offered a job. After she accepts the job, Manuela’s new manager informs her that she will start the following Monday, and that she will be paid every 2 weeks from the time she starts her first shift on Monday. The manager does not mention paying her for the 10-hour trial shift she has just finished and Manuela does not receive any pay for that shift on her first paycheque. About 4 months later, the manager tells Manuela she is being let go effective immediately. When Manuela asks why, the manager does not give her a reason and just provides her with her last paycheque for the hours she worked that pay period. Manuela feels she has been treated wrongly. Although she has heard the restaurant industry has a lot of flexibility in how it operates, she questions whether it is right for the restaurant not to pay her for a trial shift and to dismiss her without a reason. 72) Which of the following is true about trial shifts? a) Unpaid trial shifts are common in the restaurant industry and hold a de facto legal status. b) Trial shifts are considered work hours and must be paid accordingly. c) Trial shifts are similar to internships and employers are not required to pay for them.

Question 73

Can the manager dismiss Manuela without cause? On what basis? a) Yes. Cause is not required because Manuela is a part-time employee. b) No. It is never legal to dismiss an employee without cause or reason. c) Yes, as long as Manuela is given proper notice.

Question 74

Can the manager dismiss Manuela without cause? On what basis? a) Yes. Cause is not required because Manuela is a part-time employee. b) No. It is never legal to dismiss an employee without cause or reason. c) Yes, as long as Manuela is given proper notice.

Question 75

While preparing her claim, Manuela notices that she never received vacation pay. What is her vacation pay entitlement? a) She is entitled to vacation pay only after working at the restaurant for 1 year. b) Restaurant employees are an exempt group and not entitled to statutory vacation pay. c) She is entitled to vacation pay, and the restaurant owes the pay.

Question 76

Debbie is a customer service agent making $42,000 a year at a small office supply company. The company has recently seen a surge in new orders and all employees are asked to work as much overtime as possible to keep up with the increased demand. Debbie and her co-workers see little chance of taking vacations this year. Debbie can only imagine the look on her supervisor’s face if she asks for vacation time now, and the idea of coming back to a pile of work on her desk makes her cringe. Debbie is considering giving up her annual vacation time, and goes to Cedar, the company’s HR generalist, for advice. Debbie believes she is helping the company by forgoing her vacation time, but she wants to make sure that neither she nor the company runs afoul of the law as a result. Prior to meeting with Debbie, Cedar reviews Debbie’s employee record. Debbie reaches her 5th anniversary with the company on May 31 of this year. The company has a standard vacation entitlement year and employees receive vacation pay on each pay cheque. 76) What should Cedar advise Debbie about her request to forgo her vacation time? a) Debbie can give up her vacation time at her own discretion. b) Debbie must take her vacation time, or the Ministry of Labour would fine the employer. c) Debbie can give up her vacation time only with approval from the Ministry of Labour and the employer.

Question 77

Debbie is also considering deferring her vacation. She asks Cedar whether she could defer her vacation, and if so, for how long. What should Cedar inform Debbie? a) Debbie can defer her vacation until October next year, at which time she must take it. b) Debbie can defer her vacation until March next year, at which time she must take it. c) Debbie can defer one week of her vacation until March of next year, and the remaining vacation entitlement must be taken by October of next year.

Question 78

If Debbie decides to take her vacation in June of this year, how many weeks would she be entitled to take off? a) Debbie is restricted to taking only two weeks’ vacation time before May 31 of this year, but will get an additional week after June 1 of this year. b) Debbie is entitled to three weeks of vacation time since she completes five years at the company on May 31 of this year. c) Debbie is entitled to two weeks of vacation since she has not completed five years at the company.

Question 79

With five years at the company, Debbie earns $42,000 in gross wages and $38,000 after all deductions (net wages). What is Debbie’s total vacation pay for the vacation entitlement year? a) $1,680 b) $2,280 c) $2,520

Question 80

Jared and Lucy are both managers at a popular fast-food franchise. Jared spends his entire day dealing with scheduling matters and supervising the employees. Lucy, on the other hand, spends her time overseeing the kitchen operations and works approximately 4 hours each day with the frontline employees during the dinner/evening rush. Although Jared and Lucy both are managers, they have different duties that are not interchangeable. The franchise requires that all employees who work in the kitchen must hold a Food Handler Certificate. While Lucy has obtained her Food Handler Certificate, Jared has not. After each put in 48 hours a week in each of the previous two weeks, both look forward to receiving a higher paycheque on their next pay day. When pay day comes, Jared and Lucy find their paycheques did not include any overtime. Lucy, who rarely puts in overtime, was particularly looking forward to the extra money. They confront Craig, the regional HR manager responsible for overseeing the franchise’s payroll, about their paycheques. Mariko, the franchise owner, begins to worry that she may owe overtime pay to employees she had assumed were exempt. 80) What are Jared’s and Lucy’s overtime pay entitlements? a) Only Jared is entitled to overtime pay. b) Only Lucy is entitled to overtime pay. c) Neither is entitled to overtime pay.

Question 81

Mariko asks Craig how she can minimize any overtime pay she might owe in the future. What should Craig suggest? a) Cut Jared’s and Lucy’s hours to less than the overtime threshold. b) Even out Jared’s and Lucy’s managerial duties. c) Ask Jared and Lucy if they would agree to averaging the hours they work over a 4-week period.

Question 82

Craig considers offering all staff members time off in lieu rather than paying out overtime. If a waiter works 48 hours a week for two weeks, how many days off will he receive in lieu of time worked? a) 1 day b) 1.5 days c) 2 days

Question 83

Mikki has worked for the past 10 years as a tour guide for a non-profit company, Made in Canada, which promotes tourism to lesser-known mid-sized Canadian cities. It has offices in Peterborough, Ontario; Saskatoon, Saskatchewan; and Fredericton, New Brunswick. Mikki works in Peterborough and conducts tours highlighting different aspects of the city’s downtown core. While Mikki is good at her job, the company is downsizing and has decided that her position will be eliminated. Mikki is currently on maternity leave, and her manager, Jay, proposes that she be provided with working notice that would take place concurrently with her leave. Darius, the HR generalist at Made in Canada, has some reservations about Jay’s idea. Taking these concerns to heart, Jay decides instead to terminate someone else. Mikki returns to work after her leave and continues to work for the company for another 6 months without issue. Unfortunately, the organization is still in financial difficulty and decides it must lay off more employees. Jay decides to terminate Mikki at that time, and informs her that before she can receive her statutory or common law severance, she must sign a full release promising not to sue the company for wrongful dismissal. 83) Why would Darius advise Jay against offering Mikki working notice during her maternity leave? a) Working notice is provided to give employees time to find another job, which Mikki could not have easily done while on leave. b) Whenever possible, payment in lieu of notice is preferable to working notice. c) Terminating Mikki while she was on leave could have raised ethical issues and damaged the company’s reputation.

Question 84

Mikki asks Darius whether she is legally required to sign the release before she can receive her severance package. How should Darius respond? a) Mikki can be required to sign a release before receiving her common law pay, but it cannot be a requirement for her to receive her statutory entitlements. b) Mikki can be required to sign a release before receiving any of her termination or severance pay. c) Mikki cannot be required to sign a release and she could be entitled to further damages if her employer withholds payment in this manner.

Question 85

Mikki was usually paid on the first day of each month. She is officially terminated as of May 7. When should she expect to receive her statutory termination pay? a) 14-May b) 01-Jun c) 07-Jun

Question 86

How much statutory termination pay is Mikki entitled to? a) 5 weeks b) 8 weeks c) 10 weeks

Question 87

Darius terminates Mikki, providing her with a combination of working notice and pay in lieu of notice. Mikki takes the news of her termination hard and is very distraught. Only 2 days into her working notice period, Mikki provides her employer with two weeks notice and resigns. Which of the following is true? a) Mikki forfeits any termination and severance pay she may have been owed. b) Mikki’s severance entitlement may remain the same. c) Mikki forfeits the continuation of her benefits but will still receive her salary for the remainder of the notice period.

Question 88

Ximena is terminated after 15 years of employment as a salesperson with Only the Best Motors, a large car dealership in Sudbury, Ontario. Ximena relied on the comprehensive benefits package she received during her time at the dealership, and she is concerned about the effects of losing it. She is also worried about her loss of income, which was derived mostly from bonuses and commissions. Ximena is particularly worried about how she will be compensated for her lost bonuses in her termination package. Throughout the year, she received 2 commission payments each month, quarterly bonuses, and a large year-end bonus. She would often receive a discretionary bonus from her employer as well. Part of Ximena’s benefits package included the use of a company vehicle. During her employment, Ximena had been able to select any model the dealership currently sold and use it for both business and personal use. She was also compensated for any mileage she accrued while using the vehicle for work. Lauren, the HR generalist for the car dealership, is handling Ximena’s termination. 88) Ximena wants to know what will happen to her benefits package during her termination notice period. What should Lauren advise her? a) Her benefits will cease as of the date of her termination, without compensation. b) Her benefits must continue throughout her notice period. c) Her benefits can either continue throughout her notice period or the employer will have to compensate Ximena for their loss.

Question 89

Which of the following is least likely to be reflected in Ximena’s termination package? a) Her commissions. b) Her year-end bonus. c) Her discretionary bonus.

Question 90

When accounting for Ximena’s loss of her company vehicle, what compensation should Lauren include in the termination package? a) None, as the car belongs to the dealership. b) Compensation for losing the use of the vehicle, but not for the mileage. c) Compensation for losing the use of the vehicle and for the mileage.

Question 91

Nalini works in the HR department of a major multinational sports drink retailer, Hydration Stations, which operates stores in several countries. Working in the southern Ontario division, she has been tasked with overseeing the termination of employees from 6 different stores. She is currently working on the termination of 3 managers. Dawn, aged 40, has worked with the company for 2.5 years. Although she is a competent worker, Dawn has developed a reputation for having a fiery temper when roused. She is skilled at her job but does not handle stress well, and she often clashes with other employees. Ellen, aged 60, has worked for the company for just over 8 years. She is not as competent in her day-to-day duties as expected for someone who has worked for the company for that long, but she possesses excellent interpersonal skills and handles stress and pressure well. Lucas, aged 28, is a skilled employee of 10.5 years. He would be considered an exemplary employee if it were not for his frequent outbursts of extreme anger. Although these outbursts seem to be related to issues in his personal life, the outbursts can occur at any time and for seemingly any reason. Although not the industry standard, the company’s policy when terminating employees is to provide a working notice period whenever possible. Nalini must determine whether working notice would be appropriate for Dawn, Ellen, and Lucas. 91) Of the 3 employees Nalini must terminate, which employee is the best candidate for a working notice period? a) Dawn b) Ellen c) Lucas

Question 92

Nalini needs to terminate all 3 employees on the same day. How should she serve each employee with their notice of termination? a) All should receive their notices in person. b) Ellen should receive her notice in person. Dawn and Lucas should receive their notices electronically. c) Ellen and Lucas should receive their notices in person. Dawn should receive her notice electronically.

Question 93

Nalini considers providing each employee with payment in lieu of notice. How many weeks of termination pay would each employee be entitled to under the Employment Standards Act, 2000? a) Dawn is entitled to 2 weeks, Ellen to 8 weeks, and Lucas to 8 weeks. b) Dawn is entitled to 2 weeks, Ellen to 8 weeks, and Lucas to 10 weeks. c) Dawn is entitled to 3 weeks, Ellen to 8 weeks, and Lucas to 11 weeks.

Question 94

Based on her knowledge of the Bardal factors, which of the 3 employees should Nalini recommend receive the most notice of termination under common law? a) Dawn b) Ellen c) Lucas

Question 95

Of the 3 employees, who is likely to be entitled to the least termination benefits under common law? a) Dawn b) Ellen c) Lucas

Question 96

Hana is home from university for the summer and has been hired as a house painter by Oleg, a family friend who owns a contracting company in Kenora, Ontario. The job was arranged informally after a quick phone call between Hana and Oleg to discuss work hours and pay. Oleg does not provide Hana with a formal employment contract, and after working for a week, Hana asks him about signing a contract. Oleg tells Hana that an employment contract is not necessary for a summer job. After working for a month, Oleg gives Hana a large employee handbook and insists that she read it in its entirety on her own time. Oleg tells Hana that she is expected to abide by the rules laid out in the handbook and he claims she agreed to do so when they first spoke on the phone a month earlier. Halfway through the summer, Oleg decides that he is not satisfied with Hana’s work and decides to cut her pay by $5 per hour, which she learns only when she receives her next paycheque. She is shocked and furious. Hana confronts Oleg about her docked pay and Oleg tells her that he has the right to reduce her pay because she has not performed to his expectations. 96) Though Hana never signed a contract, does she have all the same rights that a signed employment contract would have provided to her? Why? a) Yes, because oral contracts are often as good as a written contract. b) No. Without a signed contract she is not entitled to coverage from the Workplace Safety and Insurance Board. c) No. Without a signed contract she is not entitled to the minimums imposed by the Employment Standards Act, 2000.

Question 97

Hana spoke to some of her friends, who gave her advice about working without a contract. Which of the following is true? a) Because Hana’s contract is oral, she can be terminated without notice. b) Regardless of whether Hana has an oral or a written contract, the greater right or benefit principle still applies. c) Hana’s contract may have only been implied, in which case the Employment Standards Act, 2000 does not apply.

Question 98

If Oleg had wanted to ensure Hana was bound by the rules outlined in the employee handbook, what steps should he have taken? a) He should have given Hana the handbook and required her to read it before her first day of work. b) He should have referenced the handbook in a written employment contract and had Hana sign to indicate she had read and understood the handbook. c) He should have stipulated in a written employment contract that Hana’s acceptance of the job was also an acceptance of the requirements in the handbook.

Question 99

When Oleg refuses to pay Hana the amount that he docked from her paycheque, Hana quits on the spot and threatens to take legal action against the company. Is Hana’s case likely to be successful? Why? a) Yes, because employers cannot change the terms of employment retroactively. b) No, because they had no written contract and she was employed at the discretion of the employer. c) No, because employers can withhold pay for work performance deemed substandard.

Question 100

When reducing Hana’s pay, what should Oleg have done differently to limit the potential for legal action? a) He should have obtained Hana’s written agreement to the new terms. b) He should have provided fresh consideration, such as additional paid leave. c) He should have terminated Hana and then offered to rehire her at the lower rate of pay.