General Questions Flashcards
1
Q
What is the importance of the Greater Right or Benefit Principle?
a) It is uniquely applicable to the ESA.
b) An employee can only receive benefits equal to ESA minimums.
c) The principle is only applicable in the absence of an employment contract.
d) Where an employee is provided with greater benefits than the ESA minimum, the greater benefit applies over the lower standard.
A
The answer is d.
Where an employee is provided with greater benefits than the ESA minimum, the greater benefit applies over the lower standard.
Functional Area: C1 Rationale(s): Unit 5 of multimedia; The Employment Standards Act, 2000
https://www.labour.gov.on.ca/english/es/pubs/guide/guide_intro.php
2
Q
How often should an employment contract be updated?
a) Every year.
b) Every three years.
c) Every five years.
d) As often as necessary.
A
The correct answer is d.As often as necessary.
There is no hard and fast rule concerning how often an employment contract should be updated. It will depend on the employee in question. Generally, it is good to revisit an employment contract every few years if an employee’s role does not change in any way.
The contract should also be updated every time that an employee changes roles, receives additional compensation, or changes job titles or functions. Failure to do so can risk obsolescence.
3
Q
What are potentially some of the benefits of a well-written termination clause in an employment contract?
a) It can help employers avoid unnescessary litigation.
b) It is required by law if the employer wishes to terminate the employee without notice.
c) It ensures that both parties are aware of their rights and responsibilities during the termination process.
d) Both (a) and (c).
A
The correct answer is d.Both (a) [It can help employers avoid unnescessary litigation.] and (c) [It ensures that both parties are aware of their rights and responsibilities during the termination process.]
While it is becoming increasingly difficult for employers to limit termination to statutory entitlements, a solid termination clause could help with the uncertainty and litigation which often follows a termination.
4
Q
According to the ESA, which party or parties must be honest during the hiring process
a) Employers and employees.
b) Employers.
c) Receptionists.
d) All of the above.
A
The correct answer is b.Employers.
Only employers must be honest according to current law. There is no specific legislation requiring employees to be honest. However, dishonesty could cost them the job in the future, and should be actively avoided by both parties.
5
Q
The likelihood of proving just cause is ________ when using progressive discipline.
a) Increased
b) Unchanged
c) Decreased
d) Almost guaranteed
A
The answer is a. Increased
Functional Area: A1 Rationale(s): Unit 11 of multimedia
6
Q
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 as well as materials related to health and safety prescribed by the Ministry of Labour. What else does she need to ensure is posted?
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.
A
The answer is a. A copy of the Canada Labour Code section that outlines the organization’s statutory obligations.
Functional Area: C5 Rationale(s):
A is correct. The Canada Labour Code requires that the section listing employers’ statutory obligations be posted, in plain view, for employees.
B is incorrect. This is not a statutory requirement.
C is incorrect. This may be done, but it is not a statutory requirement.
Reference(s): Canada Labour Code, R.S.C. 1985, c. L-2, s. 125(d)
7
Q
An otherwise valid termination may be considered wrongful dismissal if an employer fails to ________ during the termination notice period.
a) Treat an employee with respect
b) Provide continuance of benefits
c) Allow the employee to look for alternate work during company time
d) Actively monitor the employees attempt to mitigate their damages
A
The answer is b. Provide continuance of benefits
Functional Area: A3 Rationale(s): Unit 12 of multimedia; Filsinger, 2015: Chapter 14, p. 413 and Chapter 15, p. 451
8
Q
From an employer’s perspective, what are some of the drawbacks of collective agreements?
a) There are no drawbacks as collective agreements are far superior to any alternative.
b) They can be costlier for employers.
c) The collective barging process can be time consuming.
d) Both (b) and (c).
A
The correct answer is d.Both (b) and (c). Collective agreements can be costlier for employers. They can also be very time consuming, especially during the drafting process and during subsequent revisions and collective bargaining negotiations, and in the case of disputes, or strikes.
9
Q
When hiring an independent contractor to fill a position which was previously staffed by a regular employee, which of the following should an HR professional keep in mind? a) Bona fide occupational requirements. b) Dependent contractors are often entitled to notice of termination. c) Employees often misrepresent themselves as independent contractors during the hiring process. d) The shifting legal landscape regarding the classification of independent contractors.
A
The correct answer is d.The shifting legal landscape regarding the classification of independent contractors. While Bill 148 had placed a reverse onus on employers to justify their classification of workers as independent contractors, this was reversed by Bill 47. However HR professionals should be mindful that this is an evolving area of law and should approach matters of employee classification with caution.
10
Q
The ESA applies equally to both employees and independent contractors. a) True b) False
A
The correct answer is b.False The ESA normally applies to employees, not independent contractors. Keep in mind that courts can make the ESA apply to independent contractors when they consider them to be employees.
11
Q
When putting together a termination package, which of the following is the most likely to be considered part of an employee’s income? a) Disability benefits b) Use of a company vehicle c) Annual bonus given solely at the employer’s discretion
A
The answer is a. Disability benefits Functional Area: A3 Rationale(s): A is correct. Failing to provide compensation for the loss of insurance benefits can have major repercussions. B is incorrect. Provided that the vehicle was to be used only for company purposes and treated strictly as a tool of the employee, an employee need not be compensated for the loss of use of a company vehicle. C is incorrect. Only bonuses that are part of the employee’s compensation package would be calculated as part of the employee’s income. If a clause stated that the employee was guaranteed a bonus ranging between $500-2000 annually, then this would need to be compensated for; but if it is exclusively a decision made on the discretion of management, then this is not compensable. Reference(s): Filsinger, 2015: p. 452. (Brito v. Canac Kitchens)
12
Q
Which of the following is NOT an exemption under the Code? a) Medical or personal attendants. b) Aboriginal programs. c) Special service organizations. d) Special (affirmative action) programs.
A
The correct answer is b.Aboriginal programs. Aboriginal programs are not exempt from the effects of the Code. However, programs pertaining to this group may be exempt under the special service organizations.
13
Q
What is the duty of HR professionals with regards to risks in employment law? a) HR professionals should focus on exposing risk. b) HR professionals should focus on hiding risk from employees and customers. c) HR professionals should focus on identifying and mitigating risk. d) All of the above.
A
The correct answer is c. HR professionals should focus on identifying and mitigating risk. It is the duty of HR professionals to identify and mitigate risk, primarily through the creation and implementation of a risk-management strategy. HR professionals should not hide risks that have been discovered.
14
Q
According to the ESA how many months must an employee work before they are entitled to notice of termination or termination pay? a) 3 months of continuous employment. b) 6 months of continuous employment. c) 2 months of continuous employment. d) None of the above.
A
The correct answer is a.3 months of continuous employment. The ESA states that employees with less than 3 months of service are not entitled to notice of termination or pay in lieu of notice. However, employers often incorrectly interpret this to mean the ESA stipulates an employee probationary period lasting 3 months.
15
Q
If between 50 and 199 employees are subject to a mass termination, how much notice are the employees entitled to? a) 16 weeks b) 12 weeks c) 10 weeks d) 8 weeks
A
The answer is d. 8 weeks Functional Area: A1 Rationale(s): Unit 11 of multimedia; Ministry of Labour: “Termination of Employment.” http://www.labour.gov.on.ca/english/es/pubs/guide/termination.php
16
Q
What lessons should the Westray law emphasize for HR professionals? a) Occupational health and safety is no longer just a regulatory matter, it can now have criminal consequences. b) The seriousness of conforming to the OHSA. c) The OHSA no longer has the legal clout it once did. d) Both (a) and (b).
A
The correct answer is d.Both (a) and (b). The Westray law should remind HR professionals that workplace health and safety can now be a criminal matter and that conforming to the OHSA is of great importance.
17
Q
In addition to paying bonuses and benefits, employers should also provide compensation for loss of any ______________________ during the termination notice period. a) Pension entitlements due to market decline b) Pension entitlements, including any employer contributions c) Pension entitlements, less all fees and deductions for termination d) Pension entitlements, unless the employee mitigates
A
The answer is b. Pension entitlements, including any employer contributions Functional Area: A3 Rationale(s): Unit 12 of multimedia; Filsinger, 2015: Chapter 15, p. 452
18
Q
Which of the following is NOT an instance of when the employer is required to review the pay equity plan? a) Where it has eliminated or adds an option. b) Where it introduces new technology that affects the value of related jobs. c) Where the female-to-male employee ratio is 2:1. d) Where there is a sale or merger of the business.
A
The correct answer is c.Where the female-to-male employee ratio is 2:1. The female-to-male employee ratio does not require the employer to review the pay equity plan. However, it may be a contributing factor to the employer’s annual review of the pay equity plan.
19
Q
Which of the following is not true of the modern employment landscape in Canada? a) The landscape as a whole is undergoing change. b) The use of contract workers in on the rise. c) Workers are likely to hold a single job their entire lives. d) Employees are more likely to have a number of different jobs (and even careers).
A
The correct answer is c. Workers are likely to hold a single job their entire lives. In the current landscape it is becoming less common for workers to hold a single job or to stay with a single company until retirement. This shift is going to bring with it a number of new challenges for Human Resource Professionals.
20
Q
Which of the following situations would benefit from the use of a customized approach? a) Accommodating an employee with a disability. b) Terminating an employee. c) Drafting employment contracts. d) All of the above.
A
The correct answer is d. All of the above. All of these situations are likely to benefit from the use of a customized approach. In fact, many of them could open an employer to liability if they were handled any other way, as they will likely present many variables and have the potential to cost employers time and money if handled incorrectly.
21
Q
Mark decides to take parental leave on May 15th, the day his wife returns to work. He appropriately notifies his employer of his intention before May 1st, 2017. However, when Mark’s wife decides to change her return date to work to later in the month, Mark decides to change the start of his leave to May 30th, 2017. Which of the following dates is the latest Mark could provide his employer with written notice of the new date? a) May 7, 2017. b) May 1, 2017. c) May 15, 2017. d) May 30, 2017.
A
The correct answer is b.May 1, 2017. The latest Mark could provide his employer with notice of his intended change is two weeks prior to the date set out in the original notice. Since May 15th was the date set out in the original notice, Mark could provide written notice to his employer no later than May 1st.
22
Q
Which of the following duties can a joint health and safety committee perform? 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.
A
The answer is b. Participate in the investigation of work refusals. Functional Area: C2 Rationale(s): A is incorrect. The JHSC makes recommendations to the employer, not orders. B is correct. This is an important function of the JHSC: a committee member must be present during the investigation of a report of refusal to work. C is incorrect. It is the responsibility of the inspector to decide whether a circumstance is likely to endanger employees.
23
Q
The Canadian court system is hierarchical. The Ontario Court of Appeal is bound by which court’s decisions? a) The Saskatchewan Court of Appeal. b) The Supreme Court of Canada. c) The Ontario Superior Court. d) Both (a) and (b).
A
The correct answer is b.The Supreme Court of Canada. Canada uses a hierarchical court system where the decisions of higher courts are binding on lower courts. Therefore, all lower courts in Ontario are bound by the decisions of the Ontario Court of Appeal. Similarly, all courts, including the Ontario Court of Appeal, are bound by the decisions of the Supreme Court of Canada, which is the highest court in the country.
24
Q
Which legal principles are often applied when determining whether it is justifiable to terminate an employee for dishonesty? a) Proportionality and context b) Mens rea and actus reus c) Necessity and justification
A
The answer is a. Proportionality and context Functional Area: A1 Rationale(s): A is correct. These are the appropriate principles. B is incorrect. These terms relate to criminal law. C is incorrect. These principles do not apply to this situation. Reference(s): Filsinger, 2015, p. 381
25
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.
The answer is a. A clause that limits the employee’s termination entitlements to those provided under the Employment Standards Act, 2000. Functional Area: A2 Rationale(s): A is correct. Clauses that limit an employee’s entitlements to the ESA are common; however, they are also increasingly difficult to defend in the modern legal landscape. Such clauses may be struck down for a number of reasons but are almost always viewed with great scrutiny by the courts, especially when the clauses attempt to place limits on an employee who would otherwise be entitled to a great deal more notice at common law than the much less generous ESA entitlements. For this reason, a diligent HR professional should always pay close attention to any termination clause in an employment contract. B is incorrect. This is a fairly standard clause, though the signatory must be made aware of the existence of the handbook and the drafter of the contract should ensure the signatory has read it. C is incorrect. Restrictive covenants are considered to be prima facie invalid under the present legal structure. However, this can be averted by drafting a clause that is reasonable in both time and space and does not seek to place unreasonable limits on employees. While this clause should also be approached with extreme caution, proper diligence when first drafting it can help reduce the likelihood of litigation. Contrary to this clause, a termination clause is much more likely lead to litigation in current legal landscape. Reference(s): Unit 4: The Employment Contract, Module 2: Enforceability of Contracts. JG Collins Insurance Agencies v. Eisley Estate, 1978, 2 SCR 916.
26
Which four factors are generally considered the most important when determining the amount of notice a terminated employee is entitled to? a) Age, length of service, character of employment, likelihood of finding similar employment b) Age, reason for termination, character of employment, length of service c) Character of employment, dependency upon employment, reason for termination, likelihood of finding other work d) Age, living expenses, labour market, job turnover rate, business savvy
The answer is a. Age, length of service, character of employment, likelihood of finding similar employment Functional Area: A1 Rationale(s): Unit 11 of multimedia: Bardal v. Globe and Mail Ltd.
27
What are the three paramount considerations when determining whether or not an accommodation presents undue hardship? a) Cost, reasonableness, fairness b) Fairness, outside sources of funding, fairness c) Willingness, cost, appropriateness d) Cost, outside sources of funding, health and safety concerns
The answer is d. Cost, outside sources of funding, health and safety concerns Functional Area: B1 Rationale(s): Unit 9 of multimedia; Filsinger, 2015: Chapter 5, pp. 128-129 http://www.ohrc.on.ca/en/policy-and-guidelines-disability-and-duty-accommodate/5-undue-hardship
28
Which of the following bonuses should be included as part of an employee'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.
The answer is a. A recurring bonus that was received for meeting sales goals. Functional Area: A3 Rationale(s): A is correct. This type of bonus is non-discretionary and often included as part of a termination package. B is incorrect. When the employment contract is clear and unambiguous that a bonus is only provided on a specific date, then unless that date has been reached/surpassed, the bonus is not owed to the employee. C is incorrect. A discretionary bonus may be included but does not need to be. Reference(s): Filsinger, 2015: pp. 437-438 Chandran v. National Bank of Canada, 2012 ONCA 205
29
An employee approaches you about requesting special accommodation during a busy work week. You should inform the employee of which of the following? a) The employer cannot fulfill requests of accommodations at this time. b) Unless it is a physical disability, there are no accommodations. c) Notify the employer, preferably in writing, clearly stating the form of accommodations required. d) Reprisals may be a consequence of requesting accommodations.
The answer is c. Notify the employer, preferably in writing, clearly stating the form of accommodations required. Functional Area: B1 Rationale(s): Unit 9 of multimedia; Harris, 2015.
30
How many recognized public holidays are there in Ontario? a) Six b) Eight c) Nine d) Ten
The answer is c. Nine Functional Area: C1 Rationale(s): Unit 5 of multimedia; The Employment Standards Act, 2000
31
Which of the following behaviours is most likely to provide grounds for termination with cause? a) Sexual assault b) Attendance problems c) Drug abuse d) Alcoholism
The answer is a. Sexual assault Functional Area: A1 Rationale(s): Unit 11 of multimedia; Filsinger, 2015: Chapter 13, p. 397
32
Which of the following terminations would pose the highest risk for an 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.
The answer is b. Termination of an employee with a history of alcoholism. Functional Area: A1 Rationale(s): A is incorrect. Though not always easy to prove, theft does provide a strong justification for termination. B is correct. Terminating an employee with a substance abuse problem can be difficult because it is recognized as a disability. C is incorrect. Assault provides a strong ground for termination with cause. Reference(s): Unit 12, Module 4: Sensitive Terminations British Columbia (Public Service Employee Relations Commission) v. BCGSEU, [1999] 3 SCR 3
33
After receiving complaints from the public, Shawna's manager has learned that Shawna has been posting racist comments on her personal Facebook page, which also lists her place of employment. Her manager is now considering terminating Shawna for this behaviour and asks the organization's HR advisor whether the circumstances would justify termination with cause. 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.
The answer is a. Whether Shawna displays remorse. Functional Area: A1 Rationale(s): A is correct. Employee remorse is highly relevant under current jurisprudence. B is incorrect. This is the least relevant factor. C is incorrect. This is somewhat relevant, but not the most relevant. Hypothetically, termination can occur for a single post; but if the posting has been going on for a long period of time, it could show problematic long-term behaviour. However, it tends to be a secondary matter to consider (remorse is almost always considered). Reference(s): Unit 12, Module 3: Common Reasons for Termination Part 2 U.S.W., Local 2894 v. Tenneco Canada, [2011] L.V.I. 3971-2
34
What impact does Bill 113 have on the use of background checks by employers? a) Bill 113 makes background checks illegal. b) Bill 113 restricts background checks to public service positions. c) Bill 113 standardizes the way information may be requested and puts limits on what can be disclosed. d) Both (b) and (c).
The correct answer is c.Bill 113 standardizes the way information may be requested and puts limits on what can be disclosed. While Bill 113 does not make background checks illegal it does put certain limits on them. In order to avoid a large fine, HR professionals should be well aware of the changes that Bill 113 has made to background checks.
35
Mckinley v. B.C. Tel is useful for HR professionals because it helps explain the important principles of: a) Context and proportionality b) Termination and severance c) Health and safety d) Progressive discipline
The answer is a. Context and proportionality Functional Area: A1 Rationale(s): Unit 12 of multimedia: Mckinley v. B.C. Tel
36
All of the following are required if an employer wants to terminate an employee for just cause for a conflict of interest, EXCEPT: a) A clear policy regarding conflict of interest b) Having made the employee aware that the conflict of interest will result in dismissal c) The potential for the employer to be harmed by the conflict d) Having given the employee a second chance
The answer is d. Having given the employee a second chance Functional Area: A1 Rationale(s): Unit 11 of multimedia
37
. The Supreme Court of Canada views work as _____________ in an individual's daily life. a) Somewhat important. b) Fundamental. c) Irrelevant. d) Both (a) and (b).
The correct answer is b.Fundamental. The Supreme Court of Canada recognizes work as a fundamental aspect in an individual’s life, as it provides the means of financial support and a role in society.
38
A candidate reveals she is recovering from substance abuse. The employer CANNOT do which of the following? a) The employer cannot terminate the interview as a result of the disability. b) The employer can terminate the interview since substance abuse is not a disability. c) The employer cannot refuse to hire the candidate as a result of the disability. d) Both (a) and (c).
The correct answer is d.Both (a) and (c)., a) The employer cannot terminate the interview as a result of the disability, The employer cannot refuse to hire the candidate as a result of the disability. Section 17 of the Code, recovery of substance abuse is considered a disability. Thus, once the employer is informed of a disability, it can neither serve as the principal factor in terminating an employee nor refusing to hire a candidate. Such an action by the employer is considered prima facie discrimination. The employer should take necessary steps to meet the duty to accommodate.
39
Alex has worked for Ref-RE Corporation 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. 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.
The answer is 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. Functional Area: C1 Rationale(s): A is correct. The employer is required to grant the request for leave because Alex has worked for the employer for more than 13 consecutive weeks and has not exceeded the maximum entitled number of weeks in the request. B is incorrect. Alex has provided sufficient notice to the employer by giving written notice. C is incorrect. Alex has worked for the employer for 2 years, well surpassing the minimum requirement of 13 weeks. Reference(s): Employment Standards Act, 2000, S.O. 2000, c. 41, s. 49.7.
40
Workplace harassment is addressed in both the Ontario Human Rights Code and the OHSA. Identify the main difference by which the concept is addressed in both statutes. a) Harassment under the Code must occur several times before action is taken. b) Harassment under the OHSA concerns only with acts of violence against the employer. c) Under the OHSA the employer has a statutory, rather than common law duty, to intervene and investigate domestic violence and harassment where it may affect the employee at the workplace. d) Only the Code is concerned with the effect not the intent of harassment.
The answer is c. Under the OHSA the employer has a statutory, rather than common law duty, to intervene and investigate domestic violence and harassment where it may affect the employee at the workplace. Functional Area: C2 Rationale(s): Unit 5 of multimedia; Keith & Chandler, 2014
41
In situations of weight discrimination, which prohibited ground could be cited in a human rights application? a) Weight discrimination. b) Sexual assault. c) Sexual harassment. d) Sexual misconduct.
The correct answer is c.Sexual harassment. Although discrimination based on weight is not a prohibited ground in the Code, it may amount to sexual harassment. Thus, it may be possible to make a claim of sexual harassment, citing the disparaging comments.
42
Your bank manager asks you to review all relevant legislation concerning human rights of employees. Which of the following legislation should you first give particular attention? a) The Canadian Charter of Rights and Freedoms b) The Personal Information and Protection and Electronic Documents Act c) The Canadian Human Rights Act d) The Ontario Human Rights Code
The answer is c. The Canadian Human Rights Act Functional Area: C3 Rationale(s): Unit 5 of multimedia; Keith, 2014
43
Ontario North Regional Healthcare is facing financial difficulty and is looking to make a series of budget cuts in the coming quarter. The organization does not believe it can afford to maintain its current pay equity plan and consults an HR professional about finding an exception that will relieve it of having to meet its pay equity obligations. What should the HR professional advise? 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.
The answer is c. The organization cannot cite financial hardship as an exception to its pay equity obligations. Functional Area: C4 Rationale(s): A is incorrect. Under the law, employers and unions cannot bargain below, or contract away, statutory minimums. B is incorrect. The state of the economy cannot solely provide an exception to statutory obligations. C is correct. Companies are legally required to comply with the Pay Equity Act regardless of their financial circumstances. Reference(s): Unit 5, Module 9: Pay Equity Act
44
Which of the following is TRUE of tribunals? a) They are not courts. b) They have court-like powers. c) They are informal dispute resolution mechanisms. d) All of the above.
The correct answer is d. All of the above. Tribunals are not courts, however they do have court-like powers. They are informal dispute resolution mechanisms created by statutes.
45
In its most basic form, any temporary layoff longer than ____ weeks of a 20-week period will be considered a constrictive dismissal. a) 10 b) 8 c) 13 d) 12
The answer is c. 13 Functional Area: A1 Rationale(s): Unit 11 of multimedia; Ministry of Labour: "Termination of Employment." http://www.labour.gov.on.ca/english/es/pubs/guide/termination.php
46
Identify which of the following is NOT an aspect of the process of creating an accommodation plan: a) Dignity. b) Individualization. c) Inclusion. d) Ensuring equality.
The correct answer is d.Ensuring equality. Accommodations by the employer must be completed in a dignified manner and should not violate the employee’s right to privacy, confidentiality, comfort or freedom. Accommodations must also be customized to the individual which effects inclusion. Ensuring equality is important in many aspects of employment, but it is not classified as part of the accommodation process. In some circumstances, equality may not be the outcome of accommodation because full participation may require equity instead.
47
Why has the nature of the employment context in Canada become so diverse within the past decade? a) The rise of contract workers. b) The growing use of independent contracts. c) The increasing impermanent nature of employment. d) All of the above.
The correct answer is d.All of the above. All off of these factors contributed to the growing diversity of employment contexts, with workers finding themselves in many different types of employment relationships.
48
What are the primary goals and benefits of employment contracts? a) To reduce uncertainty in the employment relationship. b) To outline each party's rights and responsibilities towards one another. c) To reduce employee rights. d) Both (a) and (b).
The correct answer is d. Both (a) To reduce uncertainty in the employment relationship, and (b) To outline each party's rights and responsibilities towards one another. The primary goal of an employment contract is to define each party's rights and responsibilities to one another, and to minimize the number of unknown factors that are present in the employment relationship. This generally has the benefit of reducing risk for both parties, as they are able to enter into an employment relationship with a clear idea of what is expected of them, and what they will receive in return.
49
Collective agreements exist ____________ employment contracts. a) In addition to b) Alongside of c) In place of d) In order to supplement
The answer is c. In place of Functional Area: A2 Rationale(s): Unit 4 of multimedia
50
State the significance of the principle stare decisis. a) It underlies common law decisions. b) It is the doctrine of precedent. c) It is a Latin term. d) All of the above. e) Both (a) and (b).
The correct answer is d. All of the above. Stare decisis is a principle that underlies Common Law decisions. It is the doctrine of precedent, whereby similar cases should be decided in a similar way. Stare decisis is Latin for “let the decision stand.”
51
Which recent landmark case makes it more difficult to terminate federally regulated employees without cause? a) Wilson v. Atomic Energy Canada Ltd. b) R v. Bardal c) Bardal v. The Globe and Mail Ltd. d) Toronto Electric Commissioners v. Snider
The answer is a. Wilson v. Atomic Energy Canada Ltd. Functional Area: A1 Rationale(s): Unit 11 of multimedia https://www.dlapiper.com/en/canada/insights/publications/2016/07/terminating-federally-regulated-employees/
52
Danielle started working for a new employer 1 month ago and is still in her probationary period. One day, Danielle and a colleague get into an argument that escalates into a shouting match in front of customers. This behaviour contravenes the employee code of conduct and the employer wants to take action. Should the HR manager recommend progressive discipline for Danielle? Why? 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.
The answer is a. Yes. Progressive discipline is appropriate even though Danielle is still on probation. Functional Area: B2 Rationale(s): A is correct. Employers should always consider exercising the principle of progressive discipline. Failure to do so can strengthen an employee’s legal claim that they have been wrongfully dismissed because employers who dismiss an employee during the probationary period are still bound to act “fairly and with reasonable diligence.” Progressive discipline is not only a best practice that avoids much legal risk, but it can be a principle of procedural fairness as well. B is incorrect. This is untrue and should not be practised by employers. C is incorrect. Considering that Danielle has certain rights under statute and under common law, it is prudent that the employer exercise progressive discipline to prevent legal action.
53
Which of the following is NOT an exception to the employer's duty to hire without discrimination based on protected grounds? a) Bona fide occupational requirements. b) Nepotism policies. c) Affirmative action programs. d) The hospitality industry.
The correct answer is d.The hospitality industry. The hospitality industry must still abide by the duty not to discriminate against employees on protected grounds. The other examples however are exempt: a) Bona fide occupational requirements. b) Nepotism policies. c) Affirmative action programs.
54
Which of the following groups is covered by the ESA? a) Canada Post employees. b) Employees of the local fast-food restaurant. c) Air Canada pilots. d) Employees of Embassies.
The answer is b. Employees of the local fast-food restaurant. Functional Area: C1 Rationale(s): Unit 5 of multimedia; The Employment Standards Act, 2000
55
There are many employment statutes and areas of law that govern the termination of employees. Which of the following does not govern the termination of a federally regulated employee? a) The minimum standards set out under the Canada Labour Code. b) The employee’s employment contract. c) The federal ESA minimum terms. d) The Common Law.
The answer is c. The federal ESA minimum terms. Functional Area: C5 Rationale(s): Unit 1 of multimedia
56
Nathan is an independent contractor who, in order to supplement his retirement income, works as a delivery boy for two pizza companies in his spare time. While the extra money he makes doing this is nice, he does not need it in order to survive, or to maintain an adequate standard of living. How should Nathan be classified? a) As an independent contractor. b) As an employee. c) As a dependant contractor. d) None of the above.
The correct answer is a.As an independent contractor. Nathan would not be considered a dependent contractor because he does not depend on either delivery job in a substantial way. If he did not have any retirement income, and only held one job as an independent contractor, it is much more likely that he would be considered a dependent contractor.
57
What is the goal of the inclusion principle of the duty to accommodate? a) To ensure accommodations do not exceed the allocated budget. b) To ensure full participation of all individuals in the workplace. c) To ensure a majority of individuals participate in the workplace. d) To ensure compliance with the law.
The answer is b. To ensure full participation of all individuals in the workplace. Functional Area: B1 Rationale(s): Unit 9 of multimedia; Harris, 2015.
58
Under the ESA, what are the maximum daily and weekly hours an employee could work? a) 8 hours (daily); 40 hours (weekly). b) 8 hours (daily); 48 hours (weekly). c) 7 hours (daily); 35 hours (weekly). d) 6 hours (daily); 48 hours (weekly).
The answer is b. 8 hours (daily); 48 hours (weekly). Functional Area: C1 Rationale(s): Unit 5 of multimedia; The Employment Standards Act, 2000
59
\_\_\_\_\_\_\_\_\_\_\_\_\_\_ has the authority to handle ESA complaints? a) The employee. b) The employer. c) The Ministry of Labour. d) The Ministry of the ESA.
The correct answer is c.The Ministry of Labour. The entity with authority to handle complaints concerning ESA rights is the Ministry of Labour.
60
Does discrimination without malice still amount to discrimination under the Code? a) No, the Code considers intent a determining factor of discrimination. b) Yes, the Code neither considers intent nor makes exceptions. c) Intent is only considered when assessing damages. d) Both (a) and (c).
The correct answer is c.Intent is only considered when assessing damages. It is important to remember that the Code makes no exception to discrimination concerning intent. While intent does not factor into the determination of discrimination, the court in assessing an award of damages may consider it.
61
Which of the following is not a benefit of using a customized approach to situations that arise in the workplace? a) Using a customized approach is less likely to create legal liabilities. b) Customization is going to be faster than a one size fits all approach. c) A customized approach better reflects the realities of the workplace. d) The customized approach allows HR professionals to betterrespond to difficult situations.
The correct answer is b. Customization is going to be faster than a one size fits all approach. Using a customized approach would seldom be faster than taking a boilerplate approach to employment law, but it will often be far more effective. To that end, effectiveness is usually a more important consideration than expediency in employment law, unless there are safety or discrimination issues.
62
Your employer asks for guidance in accepting an employee's notice of accommodation. The employer should do each of the following, except: a) Keep accurate records. b) Investigate the request for accommodation. c) Ensure alternative solutions are explored. d) Ensure the employee has no prior history of requesting accommodation to prevent fraudulent claims.
The answer is d. Ensure the employee has no prior history of requesting accommodation to prevent fraudulent claims. Functional Area: B1 Rationale(s): Unit 9 of multimedia; Harris, 2015.
63
An employee asks about the length of his eating break. Which of the following should you advise? a) A 30-minute break after 5 hours of consecutive hours of work. b) A 25-minute break after 5 hours of consecutive hours of work. c) A 30-minute break after 4 hours of consecutive hours of work. d) A 60-minute break after 5 hours of consecutive hours of work.
The answer is a. A 30-minute break after 5 hours of consecutive hours of work. Functional Area: C1 Rationale(s): Unit 5 of multimedia; The Employment Standards Act, 2000
64
For which of the following reasons does the employer bear the greater burden of the duty to accommodate? a) It is stipulated under the collective bargaining agreement. b) Only employees have disabilities. c) It is stipulated by statute. d) It is stipulated by human rights codes and statutes.
The answer is d. It is stipulated by human rights codes and statutes. Functional Area: B1 Rationale(s): Unit 9 of multimedia; Harris, 2015.
65
Payal works in an Ontario office of Canada Post Corporation. She believes her manager has subjected her to many forms of discrimination, particularly on the basis of her sex. Payal is considering legal action and wants to learn more about her rights in the workplace. Which legislation should she 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
The answer is a. The Canadian Human Rights Act Functional Area: C3 Rationale(s): A is correct. Canada Post is under federal jurisdiction; discriminatory employment practices are therefore covered by the CHRA. B is incorrect. The Code is provincial legislation and does not apply to Canada Post, which is federally regulated. C is incorrect. Since the Code applies only to provincial employment and services, there is no need for Payal to consult this law. Reference(s): Employment Standards Act, 2000, S.O. 2000, c. 41, s. 3(2) ONHR website: http://www.ohrc.on.ca/en/book/export/html/8931
66
What is the major difference between employment law and labour law? a) They are the same in all but name. b) Labour law is a subset of employment law. c) Employment law is a subset of labour law. d) Labour law refers to the law governing employees who are part of a union or subject to a collective bargaining contract.
The correct answer is d.Labour law refers to the law governing employees who are part of a union or subject to a collective bargaining contract. Employment law generally applies to employees who are not part of a union and who have not signed a collective bargaining contract. Labour law applies to unionized employees. Though they share a number of similarities, they are distinct areas of law and must be treated as such.
67
Dean's employer is in the process of changing ownership. Dean has received an employment offer from the new owner, which is substantially similar to his current employment agreement. He declines the offer and approaches his HR manager for advice about his entitlements in this situation. What should she advise Dean? 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.
The answer is c. Dean would likely have no common law claim for termination pay from either the current owner or the new owner. Functional Area: B4 Rationale(s): A is incorrect. Dean would still be entitled to his statutory minimums under the law. B is incorrect. It could be deemed that Dean failed to mitigate his damages when he refused to accept a new employment contract with similar terms and conditions of his current job. C is correct. Because he refused the purchaser's offer of a contract similar to the one he currently has, Dean would not likely have a common law claim of termination pay against the seller or purchaser, primarily because of his failure to mitigate damages. Reference(s): http://houserhenry.com/uploads/2015/04/Update-Dont-Forget-Employees.pdf http://www.minkenemploymentlawyers.com/wp-content/uploads/2016/11/CELT\_Issue\_18\_Refusal-to-accept-new-employment-offer.pdf http://www.canadianemploymentpensionlaw.com/employment/ontario-divisional-court-reaffirms-that-employees-may-be-required-to-accept-alternative-job-offer-to/
68
What must a party who wishes to change an existing employment contract provide to the other party in order for the changes to be enforceable? a) Fresh Consideration. b) Six-weeks' notice. c) Six-months' notice. d) The entire contract must be rewritten.
The correct answer is a.Fresh Consideration. Fresh consideration is required whenever a party makes a change to an existing contract. Providing the other parties with notice is not enough.
69
Jeanette, who is due to give birth in a week and a half has just started a new job three weeks earlier and now wishes to go on pregnancy leave in one week. Which of the following statements is true? a) Jeanette is not entitled to pregnancy leave because she has not given her employer two-weeks notice. b) Jeanette is entitled to the full 17 weeks of pregnancy leave under the ESA. c) Jeanette is not entitled to pregnancy leave under the ESA because she has not been employed for a minimum of 13 weeks before her due date. d) Jeanette is not entitled to pregnancy leave because she is still considered a probationary employee.
The correct answer is c.Jeanette is not entitled to pregnancy leave under the ESA because she has not been employed for a minimum of 13 weeks before her due date. Jeanette is not entitled to pregnancy leave because she has not met the minimum 13 weeks between the start of her employment and her due date.
70
Why should company culture always be considered when determining whether your employer has just cause to terminate an employee? a) It may explicitly prohibit termination. b) If your company culture is very strict, it may broaden the circumstances under which an employee could be terminated. c) In companies with a permissive work environment, it may be more difficult to justify termination with cause. d) An understanding of the company culture may soften the blow of termination.
The answer is c. In companies with a permissive work environment, it may be more difficult to justify termination with cause. Functional Area: A1 Rationale(s): Unit 12 of multimedia; Filsinger, 2015: Chapter 13, p. 388, p. 390
71
Your employer is in the private sector. You are asked to conduct a comparison between job classes within the organization to complete the pay equity plan. You cannot do which of the following? a) Conduct a direct job-to-job comparison between unionized male and female job classes. b) Conduct a proportional value comparison across male and female job classes. c) Conduct a proxy comparison with public sector organizations. d) Conduct a direct job-to-job comparison between non-unionized male and female job classes.
The answer is c. Conduct a proxy comparison with public sector organizations. Functional Area: C4 Rationale(s): Unit 5 of multimedia
72
What is the intent behind wrongful dismissal damages? a) To ensure the ESA standards are met. b) To put the employee in the same financial position as if the employee had worked through the notice period. c) To ensure that employees are treated fairly. d) To punish the employer.
The answer is b. To put the employee in the same financial position as if the employee had worked through the notice period. Functional Area: A1 Rationale(s): Unit 12 of multimedia; Filsinger, 2015: Chapter 14, p. 437 http://www.macleodlawfirm.ca/employees/tag/wrongful-dismissal-2/
73
Your employer denies an employee's request to be part of the process of finding her ideal form of accommodation. Which of the following advice will you give your employer? a) Denial is only permitted if it is stated in the collective agreement. b) Denial of the employee's participation is not permitted under the Code. c) Denial is only permitted if the employee's union representative is present. d) Denial is only permitted following the advice of the employer's legal counsel.
The answer is b. Denial of the employee's participation is not permitted under the Code. Functional Area: B1 Rationale(s): Unit 9 of multimedia; Harris, 2015.
74
Which of the following employees are often not entitled to notice of termination under the ESA? a) Ship builders and construction workers b) Retail workers and construction workers c) Ship builders and retail workers d) Ship builders, retail workers, and construction workers
The answer is a. Ship builders and construction workers Functional Area: A1 Rationale(s): Unit 11 of multimedia; The Employment Standards Act, 2000
75
Which of the following parties is responsible for maintaining a safe workplace? a) It is a joint responsibility between the employer and employees. b) The employer. c) The employees. d) The Ministry of Labour.
The answer is a. It is a joint responsibility between the employer and employees. Functional Area: C2 Rationale(s): Unit 5 of multimedia; Keith, 2014
76
How many readings must occur to pass a bill in the legislature? a) One. b) Two. c) Three. d) None of the above.
The correct answer is c. Three. A bill must pass three readings before receiving Royal Assent in the legislature.
77
An organization wants to provide a safe, positive, gender-inclusive working environment for its LGBTQ employees. Which of the following practices should the organization implement to achieve this? 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.
The answer is b. Review workplace policies and practices each time an accommodation is granted to determine whether, and how, policies and practices should be updated. Functional Area: B1 Rationale(s): A is incorrect. The employer should maintain flexible and inclusive dress code policies. Doing so will allow everyone to dress according to their expressed gender. B is correct. When making accommodations in the workplace, the employer should consider designing or changing rules, practices, and facilities in the workplace to avoid any negative effects on LGBTQ individuals. C is incorrect. The employer must have a valid reason for collecting and using personal information pertaining to accommodation requests. The criteria should not be intrusive or medically based. Additionally, given that this question focuses on accommodating gender identity, requiring the collection of supporting documentation from LGBTQ employees to prove they are members of that community would be incredibly difficult.
78
During the accommodation process, the Union typically cannot pursue which of the following objectives: a) Initiating dialogue between employees and the employer. b) Finding alternative solutions to accommodation that do not violate the collective agreement, even though they may violate the OHRC. c) Initiating grievances against the employer. d) Monitoring the efforts of the employer to accommodate the employee.
The answer is b. Finding alternative solutions to accommodation that do not violate the collective agreement, even though they may violate the OHRC. Functional Area: B1 Rationale(s): Unit 9 of multimedia; Harris, 2015.
79
Generally speaking, can an employee's behaviour while off the clock present grounds for termination with cause? a) Absolutely, even for minor infractions. b) It can, but only if the behaviour would be grounds for termination while on the clock as well. c) Not generally, but there are exceptions for more extreme cases. d) Never.
The answer is c. Not generally, but there are exceptions for more extreme cases. Functional Area: A1 Rationale(s): Unit 12 of multimedia
80
What are the dangers of relying on a clause in an employment contract that has not been updated or revised in many years? a) It can make the employer look lazy. b) There are no dangers, and it is better not to update a contract unless necessary. c) It is better not to update a contract very often as that creates more opportunities to make mistakes. d) The contract may be obsolete if the employee has changed roles within the company.
The correct answer is d.The contract may be obsolete if the employee has changed roles within the company. Relying on a clause in a contract that has not been recently updated is unadvisable, as it may result in a judicial finding that the contract is obsolete. This is especially likely if the employee in question has changed roles and the contract has not been updated to reflect the change. This can mean that a clause the HR professional relies upon is void.
81
Under the ESA, what is the complete and full definition of a Parent? a) Birth parents, including heterosexual couples adopting a child. b) Birth parents and persons with the intention of treating the child as their own, including same-sex couples. c) Birth parents exclusively. d) Only a mother is a parent.
The correct answer is b.Birth parents and persons with the intention of treating the child as their own, including same-sex couples. The term Parent includes a birth parent (i.e., the mother and father). It also includes a person who is in a relationship with a parent of the child and plans to treat the child as his/her own. This includes same-sex couples who give birth to or adopt children.
82
In addition to written terms, contracts can also contain ______ terms. a) Implied. b) Extraneous. c) Oral. d) New.
The correct answer is a. Implied. Many terms that are missing from a written contract may be implied, such as a Common Law entitlement to notice of termination, or the duty to act in good faith
83
What does the right of refusal to work entail? a) The right to refuse work that is not within one's physical capability. b) The right to refuse work that is not within one's job description. c) The right to refuse work that poses a danger to the worker and to others. d) The right to refuse work that poses a risk to others, but not to the individual worker.
The correct answer is c.The right to refuse work that poses a danger to the worker and to others. The right to refuse to work allows an employee to refuse work that he or she believes to likely endanger him or herself or others. The worker must notify the employer of the reasons for his or her refusal to work.
84
In Ontario, which of the following is included in the formula used to determine minimum wage increases? a) Services Producer Price Index. b) Ontario Consumer Price Index. c) Electronic Corporate Index. d) Ontario Provincial Government.
The answer is b. Ontario Consumer Price Index. Functional Area: C1 Rationale(s): Unit 5 of multimedia; The Employment Standards Act, 2000
85
Contracts cannot be \_\_\_\_\_\_\_\_\_\_\_. a) Unfair b) Uneven c) Unconscionable d) Implied
The answer is c. Unconscionable Functional Area: A2 Rationale(s): Unit 3 of multimedia; Filsinger, 2015: Chapter 4
86
A manager decides to terminate an employee after the worker exercises his rights under the Employment Standards Act, 2000. This unwise action by the manager would best be characterized as which of the following? a) Punitive measure b) Reprisal c) Constructive dismissal
The answer is b. Reprisal Functional Area: A1 Rationale(s): A is incorrect. While this may be a punishment, this is not the best term for this action. B is correct. The termination or punishment of an employee for exercising a right under the ESA is known as a reprisal. C is incorrect. Constructive dismissal occurs when an employee resigns as a result of the employer creating a hostile work environment, not by termination. Reference(s): Filsinger, 2015, p. 213
87
Which of the following is not an element of assessing the risks of harassment or violence in the workplace? a) Looking at common forms of violence in other workplaces. b) Providing an Annual Assessment Report to the Ministry of Labour. c) Identifying solutions or preventative measures to avoid violence. d) Paying attention to general trends in society and developments in case law.
The answer is b. Providing an Annual Assessment Report to the Ministry of Labour. Functional Area: C2 Rationale(s): Unit 5 of multimedia; Keith & Chandler, 2014
88
Nathan offers Jeff $100 dollars to paint his house. Jeff responds, "Ill paint your house and garage for $150." Nathan does not respond to Jeff's statement. What does this represent? a) An employment contract that has been fully negotiated. b) This represents an offer and counter offer only. c) This constitutes an offer, a counter offer, and consideration. d) This is only the beginning of a negotiation. None of the factors required for a binding contract are present.
The correct answer is c.This constitutes an offer, a counter offer, and consideration. The only thing missing from this exchange is acceptance of the counter offer. There is consideration, an offer in the form of a counter offer, and the terms as they exist at the moment are legal.
89
What is the significance of Bill 168? 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.
The answer is 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. Functional Area: B2 Rationale(s): A is incorrect. Bill 168 did not amend the ESA in any way. B is incorrect. Although this was the intent of the amendment, it did not amend the ESA. C is correct. Bill 168 amended the OHSA to impose new obligations on employers with respect to workplace violence and harassment. Reference(s): Unit 5, Module 8: Harassment and Violence in the Workplace
90
Which of the following is generally TRUE of independent contractors? a) They set their own hours. b) They wear the company uniform. c) They undergo regular employee evaluations. d) They receive the same level of supervision as other employees.
The correct answer is a.They set their own hours. This is the best choice, as one of the main aspects setting independent contractors apart from regular employees is that they have the ability to set their own hours. Additionally, they seldom wear the company uniform, undergo evaluations, or receive a high level of supervision.
91
An employee is cited for misconduct when refusing to operate unsafe machinery in the workplace. Has the employee committed any wrongdoing? a) Yes, the employee is obligated to perform the responsibilities of the job. b) No, the employee may be within his or her right to refuse to operate unsafe machinery. c) Yes, the employer is within its rights to discipline the employee for loss of productivity. d) Yes, the employee must prove beyond a reasonable doubt that the machinery is unsafe for use before ceasing work.
The answer is b. No, the employee may be within his or her right to refuse to operate unsafe machinery. Functional Area: B2 Rationale(s): Unit 5 of multimedia
92
Employers may not have to pay bonuses to a terminated employee during the employee's notice period if the bonus in question was \_\_\_\_\_\_\_\_\_. a) A regular bonus, received every year b) Provided for in the employment contract c) A single gratuitous payment made at the employer's discretion d) An annual Christmas bonus that falls within the notice period
The answer is c. A single gratuitous payment made at the employer's discretion Functional Area: A3 Rationale(s): Unit 12 of multimedia; Filsinger, 2015: Chapter 15, p. 452
93
Human rights applications are largely based on which of the following grounds? a) Reprisal. b) Sexual Orientation. c) Race. d) Disability.
The answer is d. Disability. Functional Area: B1 Rationale(s): Unit 9 of multimedia; Harris, 2015.
94
The decisions of the judicial branch contribute to which source of law? a) Statute law. b) Common Law. c) Constitutional law. d) None of the above.
The correct answer is b. Common law. The decisions of the judicial branch contribute to the Common Law.
95
Martha is planning her annual vacation. She is employed by the same employer for five years. How many weeks of vacation is Martha entitled to under the Ontario ESA? a) 3 weeks. b) 1 week. c) 2 weeks. d) 4 weeks.
The answer is a. 3 weeks. Functional Area: C1 Rationale(s): Unit 5 of multimedia; The Employment Standards Act, 2000 9) How many recognized public holidays are there in Ontario?
96
What is the principal duty of the Ministry of Labour? a) Promote occupational health and safety. b) Prevent workplace injuries. c) Prevent workplace occupational diseases. d) All of the above.
The correct answer is d.All of the above. The principal duty of the Ministry of Labour is to promote both occupational health and safety and the prevention of workplace injuries and occupational diseases.
97
Jane has been terminated without cause by her employer after five months of continuous service. When she started, Jane signed an employment contract that stated she would be considered a probationary employee for the first six months of her employment. Upon termination, she is told that she is not entitled to any notice of termination as she is still considered a probationary employee. Which of the following is correct? a) Jane's employer is well within their rights to terminate without notice. This is the very purpose of a probationary period. She is not entitled to any termination notice. b) Jane's employer is well within their rights to terminate her without notice. Jane has given up her ESA minimums by signing her employment contract. She is not entitled to any notice. c) Jane has been terminated without cause, meaning she is not entitled to any notice of termination. d) Jane's employer is still required to provide her with one week notice of termination or pay in lieu thereof, as she has been working for more than three months. Any clause in her contract that contradicts her ESA minimums is invalid.
The correct answer is d.Jane's employer is still required to provide her with one week notice of termination or pay in lieu thereof, as she has been working for more than three months. Any clause in her contract that contradicts her ESA minimums is invalid. Under the greater right or benefit principle, employees are entitled to whichever is more generous between the ESA and their employment contract. In this case, the ESA is more generous, so Jane will receive one week notice of termination.
98
Which of the following is NOT a benefit of having a collective agreement in place of an employment contract? a) It allows for input from both parties. b) It can help both parties understand each other's realities and goals. c) It gives the employer more control than an employment contract. d) It generally makes for more equal working relationships.
The correct answer is c.It gives the employer more control than an employment contract. Collective agreements generally give employers less control than an employment contract. This is because employment contracts are often drafted unilaterally by the employer, while a collective agreement requires input from both employees and employers, and typically involves mutual agreement.
99
What is the approximate percentage of jobs regulated by federal law? a) 15 percent. b) 10 percent. c) 20 percent. d) 5 percent.
The correct answer is b.10 percent. Federal law currently regulates approximately 10 percent of jobs in Canada.
100
Which of the following is false of a collective agreement? a) It exists alongside any pre-existing employment contract. b) It is generally drafted with input from both parties, as opposed to having been imposed unilaterally. c) The process of negotiating a collective agreement is known as the collective bargaining process. d) Collective agreements can often be much more complicated than employment contracts.
The correct answer is a.It exists alongside any pre-existing employment contract. The collective agreement does not exist alongside the employment contract. It replaces it.
101
You are informed that an applicant is not the right match for the company, as she is a recovering drug addict. You should inform the employer: a) To request medical documentation supporting the applicant's recovery. b) That the applicant is in fact not a recovering addict. c) That it may be discriminatory to deny the applicant a position based on her disability. d) That the right decision was made, as the company cannot afford more liabilities.
The answer is c. That it may be discriminatory to deny the applicant a position based on her disability. Functional Area: B2 Rationale(s): Unit 7 of multimedia; Keith, 2015
102
Determining the level of government with jurisdiction of employment was historically an unsettled issue in law. Which leading case first settled the matter? a) Toronto Electric Commissioners v. Snider b) Bardal v. The Globe and Mail Ltd. c) British Columbia (Public Service Employee Relations Commission) v. BCGSEU d) Wronko v. Western Inventory Service Ltd.
The answer is a. Toronto Electric Commissioners v. Snider Functional Area: C3 Rationale(s): Unit 1 of multimedia
103
Which of the following can an employer safely ask an employee during the interview stage? a) Their marital status b) Their age. c) Their relevant work experience. d) Work availability. e) Both (c) and (d).
The correct answer is c.Their relevant work experience. Employers and HR professionals should ask questions that are directly relevant to the employee’s ability to do the job that they are applying for. Even innocuous questions about which days of the week an employee is able to work can be seen as discriminatory if they can be linked to protected grounds.
104
More than two-thirds of job accommodations for employees with disabilities cost \_\_\_\_\_\_\_\_\_. a) Less than $5,000 b) More than $1,000 c) Less than $100 d) Less than $500
The answer is d. Less than $500 Functional Area: B1 Rationale(s): Unit 9 of multimedia http://www.mcss.gov.on.ca/en/talent/employer/information/tips/myths.aspx
105
What is the role of the Senate at the provincial level? a) It reviews bills. b) It drafts bills. c) There is no Senate at the provincial level. d) Both (a) and (b).
The correct answer is c. There is no Senate at the provincial level. The provincial government does not have a Senate. The Senate only exists at the federal level, where it reviews bills before they become law.
106
Which of the following is not true of background checks? a) They should be performed whenever possible. b) They require the applicants written consent. c) They should only collect work-related information. d) The more ones job exposes others to risk of harm, the greater the impetus there is on their employer to perform the background check.
The correct answer is a.They should be performed whenever possible. Background checks should only be performed when necessary. Conducting background checks when they are not called for can result in a finding of discrimination against an employer.
107
In the historic context of the employer-employee relationship, which party traditionally had all the power? a) Employers. b) Employees. c) Neither.
The correct answer is a. Employers. In the historic context of the employer-employee relationship, the employer had the majority of the power; employees had very little power. This context helps inform our understanding of why we have protections for employees today.
108
Courts can choose not to uphold a contract that was signed many years ago if it is\_\_\_\_\_\_\_\_\_\_\_. a) Lacking fresh consideration b) Obsolete c) Unfair d) No longer relevant
The answer is b. Obsolete Functional Area: A2 Rationale(s): Unit 3 of multimedia; Filsinger, 2015: Chapter 4, p. 112
109
What are the two main areas of law that influence the hiring stage? a) ESA and the Common Law. b) Common Law and human rights. c) Common Law and the Canada Labour Code. d) The ESA and the Canada Labour Code.
The correct answer is b.Common Law and human rights. The hiring stage is most affected by these two areas of law. While all the areas listed above have an impact on the employment relationship as a whole, and the hiring stage to a degree, these two areas of law cover most of the issues that are likely to arise.
110
Cora has just been terminated without cause by her employer and has received 2 weeks of working notice. She is surprised to learn that her health and dental benefits will be cut off immediately, as she expected them to continue for 2 weeks after her notice period ended. She asks the organization’s HR professional, Taj, if this is correct. Taj reviews Cora’s written contract and finds that it is silent on the issue of continuation of benefits during the notice period. What should Taj tell her? a) Cora is not entitled to benefits during or after her notice period. b) Cora is entitled to benefits during her notice period. c) Cora is entitled to benefits for 2 weeks after her termination date in accordance with the Employment Standards Act, 2000.
The answer is b. Cora is entitled to benefits during her notice period. Functional Area: A3 Rationale(s): A is incorrect. Employees do not often lose their benefits the moment they are let go; the ESA requires an employer to “continue to make whatever benefit plan contributions would be required to be made in order to maintain the employee’s benefits under the plan until the end of the notice period.” B is correct. Employees are generally entitled to receive their health and dental benefits during their notice period (particularly those guaranteed in the employment contract). The only reason the benefits would be extended beyond the reasonable notice period is if this was specifically guaranteed by a clause in the employment contract (which is absent here). C is incorrect. While it is possible to extend benefits, at the employer’s discretion, the ESA requires only that the payment of benefits continue during the notice period.
111
Are managers ever entitled to overtime pay? a) Possibly, but only if non-managerial duties are performed on a regular basis. b) Yes, managers are always entitled to overtime under the ESA. c) No, managers are never entitled to overtime. d) None of the above.
The correct answer is a.Possibly, but only if non-managerial duties are performed on a regular basis. The managerial and supervisory exemption would only be applicable to employees who perform non-managerial/non-supervisory duties on an irregular basis. Therefore, an employee performing managerial duties does not preclude him or her from receiving overtime pay.
112
Mitch confides in you that he has a clean disciplinary record and will be cleared of the harassment accusations made against him. What should you advise him? a) A clean disciplinary record does not mean the alleged action(s) did not occur. b) A clean disciplinary record always gives the employee the benefit of the doubt. c) Courts rarely consider disciplinary records in making a decision. d) Disciplinary records are only important for employees holding the same job for more than 3 years.
The answer is a. A clean disciplinary record does not mean the alleged action(s) did not occur. Functional Area: B2 Rationale(s): Unit 9 of multimedia
113
Which of the following is not an essential element of a contract? a) Offer b) Fairness c) Consideration d) Acceptance
The answer is b. Fairness Functional Area: A2 Rationale(s): Unit 3 of multimedia; Filsinger, 2015: Chapter 4 http://www.businesslawblog.ca/2013/09/employment-contracts-and-fresh-consideration/
114
Which of the following clauses should be included in an employment contract? a) A termination clause. b) A severance clause. c) Term or length of employment. d) All of the above. e) Both (a) and (c).
The correct answer is d.All of the above )(termination clause, severance clause, term or length of employment) All of the clauses mentioned should be included in a thorough employment contract. Though the termination clause often attracts the most notice, it is also very helpful to have a clause that addresses employee severance. Note that courts in Ontario are increasingly reluctant to enforce termination clauses that provide fewer entitlements than are prescribed by Common Law.
115
Generally speaking, which area of employment is likely to present the most risk for employers, and should be the major focus of a risk-management plan? a) Break-room conduct. b) Employee conduct outside of the workplace. c) Discipline and termination. d) Training.
The correct answer is c. Discipline and termination. Discipline and termination is one of the most important areas for a risk-management plan to focus on because it presents the most liability for employers, especially as it concerns proper notice of termination.
116
Which of the following non-compete clauses strikes the best balance between being enforceable and effective? a) The employee is prohibited from working for any direct competitors within a 25 km radius for 1 year. b) The employee is prohibited from working for any competitors within a 5 km radius for one month. c) The employee cannot work for any direct competitor within the next five years. d) The employee cannot work for any competitor nationwide for 10-years.
The correct answer is a.The employee is prohibited from working for any direct competitors within a 25 km radius for 1 year. This choice strikes the best balance of the available options. Options (c) and (d) are likely too broad and will not be enforceable, and options (b) is not sufficiently restrictive. Keep in mind that an employer may still be required to demonstrate to a court that the restrictive covenant is reasonable in the circumstances (i.e., who the direct competitors are), and that there is a legitimate business interest at stake.
117
Unionized employees are never governed by employment legislation. a) True b) False
The correct answer is b. False. Unionized employees are largely governed by collective agreements, achieved by the employer and the union. However some employment legislation does apply to them as well.
118
A worker at the Kenora, Ontario, branch of the Central Canada Bank, which has its headquarters in Winnipeg, Manitoba, wants to find out about her employment rights but is unsure which legislation to consult. What legislation would apply to this worker's job? a) Ontario's Employment Standards Act, 2000 b) Manitoba's Employment Standards Code c) The Canada Labour Code
The answer is c. The Canada Labour Code Functional Area: C3 Rationale(s): A is incorrect. Banks are considered federal employers and do not follow provincial employment law. B is incorrect. Banks are considered federal employers and do not follow provincial employment law. C is correct. As an employee of a federal employer, the worker must look to the Canada Labour Code for her employment rights. Reference(s): Employment Standards Act, 2000, S.O. 2000, c. 41, s. 3 http://www.esdc.gc.ca/en/jobs/workplace/employment\_standards/labour/index.page
119
Your employer asks you to review a termination package. You should ensure all of the following, except: a) Ensure statutory minimums are met. b) Ensure reasons for termination are given. c) Ensure language is clear and unambiguous. d) Ensure to include a letter of reference.
The answer is d. Ensure to include a letter of reference. Functional Area: B3 Rationale(s): Unit 11 of multimedia
120
Jeremy, the Director of Finance, does not get along well with George, an employee within the department. Jeremy makes several comments on social media about George’s poor work ethic and conversations George has had in the workplace. Should Jeremy’s conduct be ignored? a) Yes, the conduct should be ignored as Jeremy’s comments were made outside of the workplace. b) No, the conduct should not be ignored. The targeted employee should be immediately alerted of the online comments. c) Yes, the conduct should be ignored as reporting the conduct may be considered trivial by the employer. d) No, the conduct should not be ignored, as the comments relate to an employee and the workplace and may be considered workplace harassment.
The answer is d. No, the conduct should not be ignored, as the comments relate to an employee and the workplace and may be considered workplace harassment. Functional Area: B2 Rationale(s): Unit 12 of multimedia
121
Offences under the Occupational Health and Safety Act (OHSA) are considered what type of offences? a) Strict liability offences b) Absolute liability offences c) Hybrid offences
The answer is a. Strict liability offences Functional Area: B1 Rationale(s): A is correct. Offences under the OHSA are considered strict liability offences, whereby the party charged with an offence must prove they acted with due diligence. B is incorrect. Charges under the OHSA are classified as strict liability offences. C is incorrect. Charges under the OHSA are classified as strict liability offences.
122
Which of the following forms the basis of the Constitution of Canada? a) The British North America Act. b) The Canadian Charter of Rights and Freedoms. c) The British Canadian Act. d) The Canadian Charter of Rights and Religions. e) Both (a) and (b).
The correct answer is e. Both (a) and (b). The British North America Act, or BNA Act, and The Canadian Charter of Rights and Freedoms, or the Charter, comprise the constitution of Canada. The constitution is the highest law of the land.
123
Which of the following best describes the differences between dependent contractors and independent contractors? a) Independent contractors usually have more than one employer, and do not rely exclusively on a single employer to provide them with an acceptable standard of living. By contrast, a dependent contractor may suffer substantial hardship if they lose a job, as they often rely upon it as a sole source of support. b) Dependent contractors are merely a subset of independent contractors who fail one or more of the tests that would qualify them as independent contractors. They are not considered employees by their employer, or in the eyes of the law. c) Any differences between the two have ceased to exist with the passing of Bill 47 into law. d) They have always been the same in all but name.
The correct answer is a.Independent contractors usually have more than one employer, and do not rely exclusively on a single employer to provide them with an acceptable standard of living. By contrast, a dependent contractor may suffer substantial hardship if they lose a job, as they often rely upon it as a sole source of support. Answer (a) best describes the differences between dependent and independent contractors. Answer (b) is incorrect because dependent contractors often have more rights than independent contractors, such as the right to receive notice of termination from their employer. Answers (c) and (d) are simply incorrect.
124
Your company's hiring policies state all applicants with disabilities, regardless of their pay grade or position, must undergo pre-employment medical examinations. Is this proper conduct for the employer? a) No, the policy is discriminatory against applicants with disabilities. b) Yes, if the employer could justify it in the majority of job classes as a bona fide occupational requirement. c) No, pre-employment examination is an outdated practice in employment law. d) Yes, it is best to identify deficiencies early on.
The answer is a. No, the policy is discriminatory against applicants with disabilities. Functional Area: B2 Rationale(s): Unit 7 of multimedia
125
The owners of JD Inc. are interested in purchasing PLM Ltd. and ask JD's HR director to provide a list of considerations they would need to address with PLM. Which of the following would the HR director need to include in the list of considerations? 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
The answer is b. An assessment of PLM's employees Functional Area: B4 Rationale(s): A is incorrect. By law, in Ontario employers with 10 or more employees must have a Pay Equity Plan (s. 3(2)). B is correct. This should be a primary consideration for the purchaser. C is incorrect. The vendor is responsible for providing reasonable notice or termination pay for employees who will not be employed by the purchaser. Hypothetically, the new employer, in a few rare situations, may need to provide for the notice, but this is highly unlikely (and difficult to consider here without more facts). Reference(s): Pay Equity Act, R.S.O. 1990, c. P.7, ss. 3(2), 9(3), 13.1, and 14.2(3) http://www.blaney.com/files/article\_sale\_of\_business.pdf http://houserhenry.com/uploads/2015/04/Update-Dont-Forget-Employees.pdf
126
What are the two key principles of the Pay Equity Act? a) Equal pay for work of equal value. b) Compliance-based enforcement. c) None of the above. d) Both (a) and (b).
The correct answer is d.Both (a) and (b). The two key principles of the PEA are equal pay for work of equal value and compliance-based, not complaint based.
127
A worker has just received his notice of termination and has asked to take some of his accrued vacation time during his statutory notice period. Which of the following should be ensured before his request is approved? a) His request is at his own initiative, and he is not being pressured to take his vacation during his notice period. b) His request is approved by his supervisor and will not cause any operational concerns. c) His request cannot be approved since he is not entitled to vacation pay during his notice period.
The answer is a. His request is at his own initiative, and he is not being pressured to take his vacation during his notice period. Functional Area: A1 Rationale(s): A is correct. Only employees themselves can agree to take outstanding vacation time during the statutory notice period. An employer cannot schedule it unilaterally on the employee's behalf. B is incorrect. This is important for the company itself but not legally required. C is incorrect. This is untrue. Reference(s): https://www.labour.gov.on.ca/english/es/pubs/guide/termination.php
128
Why should accommodating employees with disabilities be included in any comprehensive risk-management plan? a) It represents a large degree of liability for a company. b) It can be very complicated to execute. c) It is the right thing to do. d) All of the above.
The correct answer is d. All of the above. These are all good reasons to include employee accommodations in a risk-management plan.
129
All of the following are factors in calculating reasonable notice under the common law, except: a) The employee's length of service. b) The employee's age. c) The employee's living expenses. d) The employee's ability to find new employment.
The answer is c. The employee's living expenses. Functional Area: B3 Rationale(s): Unit 11 of multimedia
130
Why can it be risky for an employer to rely on a termination clause in the current employment landscape? a) Termination clauses are NEVER upheld by courts. b) Current jurisprudence is changing with regard to termination clauses, and they are very seldom being upheld by courts at the moment, even if they are well drafted. c) Termination clauses are unfair to employees. d) Drafting a termination clause the courts will uphold is often expensive and time consuming; such clauses are rarely worth the expense.
The answer is b. Current jurisprudence is changing with regard to termination clauses, and they are very seldom being upheld by courts at the moment, even if they are well drafted. Functional Area: A1 Rationale(s): Unit 11 of multimedia
131
Victor has recently moved to Canada and has started working as a bank teller in Edmonton. Because he is new to the country, Victor is unsure of his employment rights under Canadian law. What legislation should he consult? a) Alberta’s Employment Standards Code. b) The Canada Labour Code. c) International banking standards, which govern all banking operations in Canada.
The answer is b. The Canada Labour Code. Functional Area: C3 Rationale(s): A is incorrect. As a bank employee, Victor falls under the purview of federal legislation. He is not governed by provincial legislation. B is correct. Victor, as a bank employee whose operations in the business are integral or essential to a federal undertaking, is regulated by federal legislation. C is incorrect. As the bank operates in Canada, employees must refer to the relevant employment legislation at the federal or provincial level.
132
Joanne, a pregnant employee, asks you how many weeks of written notice under the Ontario ESA she must give her employer before taking pregnancy leave. What would your advice be? a) She must give at least 3 weeks’ written notice. b) She must give at least 2 weeks’ written notice. c) She must give at least 1 week’s written notice. d) No notice is required.
The answer is b. She must give at least 2 weeks’ written notice. Functional Area: C1 Rationale(s): Unit 5 of multimedia; The Employment Standards Act, 2000
133
What is the principle of greater right or benefit? a) If the employment contract provides greater right or benefit than theESA, then the greater right or benefit under the employment contract applies. b) The minimum set out in the ESA must apply. c) The greater right or benefit depends on the employee's disability. d) Both (b) and (c).
The correct answer is a.If the employment contract provides greater right or benefit than theESA, then the greater right or benefit under the employment contract applies. This principle implies that a right or benefit greater than the minimum set out in the ESA will apply to the employee.
134
Which leading case forms the basis of reasonable notice under the Common law? a) Walter v. The Globe and Mail Limited b) Bardal v. The Globe and Mail Ltd. c) R v. Bardal d) Bardal v. The Government of Ontario
The answer is b. Bardal v. The Globe and Mail Ltd. Functional Area: B3 Rationale(s): Unit 11 of multimedia: Bardal v. The Globe and Mail Ltd.
135
Do online communications amount to workplace harassment? a) No, they are simply online communications. b) Yes, they can amount to workplace harassment, even outside the workplace. c) Yes, but it must be done on a computer at work. d) None of the above.
The correct answer is b.Yes, they can amount to workplace harassment, even outside the workplace. Yes, online communications can amount to workplace harassment. The courts have determined that the Code may apply to workplace-related online communications, such as Facebook posts, Tweets, etc.
136
Which section of the Code allows for individual workers, not employers, to be personally named in a human rights application? a) Section 5. b) Section 5(2). c) The preamble. d) Section 15.
The correct answer is b.Section 5(2). Section 5(2) of the Code provides for a harassment-free working environment by the employer, the employer's agent or by another employee. Therefore, individual workers could be personally named in a human rights application, rather than the employer.
137
Rachel has committed a wrongdoing. She admitted to her actions and promised to do better. The employer gives her a verbal warning and sends her back to work. Is this proper management approach? a) No, Rachel's wrongdoing should be noted in her employee file. b) Yes, Rachel was apologetic and promised never to do it again. c) No, An apology and admission of guilt should never be accepted as sufficient justification for employee misconduct. d) Yes, the employer has initiated the first stage of progressive discipline.
The answer is d. Yes, the employer has initiated the first stage of progressive discipline. Functional Area: B2 Rationale(s): Unit 5 of multimedia
138
An organization is downsizing and has prepared severance packages for the employees who will be laid off. 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.
The answer is c. An employee who resigns and gives 2 weeks' notice during the termination notice period. Functional Area: A1 Rationale(s): A is incorrect. Such an employee would not be entitled to severance pay. B is incorrect. Frustration of contract does not entitle an employee to severance pay. C is correct. Such an employee does not forfeit their severance entitlements. Reference(s): Unit 11, Module 13: Severance pay Ministry of Labour: https://www.labour.gov.on.ca/english/es/pubs/guide/severance.php; https://www.labour.gov.on.ca/english/es/pubs/guide/termination.php#mass
139
Your employer suggests using the same form of accommodations for all employees requesting accommodation. You should advise the employer of which of the following? a) Offer only accommodations that have been used in the past. b) A one solution approach is necessary to stay within budget. c) Refuse the accommodation as it is too costly. d) Accommodations must be carried out in the form of meeting the specific needs of the individual employee.
The answer is d. Accommodations must be carried out in the form of meeting the specific needs of the individual employee. Functional Area: B1 Rationale(s): Unit 9 of multimedia; Harris, 2015.
140
Which of the following is NOT an advantage presented by hiring independent contractors? a) Tax is paid by the contractor, not the employer. b) Employers do not have to pay into WSIB, EI, and other programs on the contractors behalf. c) Independent contractors are not covered by the ESA. d) Classifying workers as independent contractors is quicker, cheaper, and presents much less liability than taking them on as an employee.
The correct answer is d.Classifying workers as independent contractors is quicker, cheaper, and presents much less liability than taking them on as an employee. While the reverse onus requirements presented by Bill 148 were repealed by Bill 47, it can still be be quite costly to missclassify an employee as an independent contractor. The process should never be rushed, and should always be approached with the utmost care.
141
Which of the following is a contravention of the Occupational Health and Safety Act? 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.
The answer is c. Refusing to follow an order of an inspector. Functional Area: B2 Rationale(s): A is incorrect. A principal duty of the employee is to report to the employer any defective equipment that may injure the worker or other workers. B is incorrect. Not implementing an order from a provincial court is not a violation of the OHSA. C is correct. Refusal to follow an order of an inspector or a director would render the employer in violation of the OHSA
142
How can severance pay be provided to the employee under the ESA? a) A single lump sum payment, or in multiple instalments with the written approval of the employee or the director of Employment Standards. b) A payment made in multiple instalments. c) A payment made from employee to employee. d) Only as a lump-sum payment.
The correct answer is a.A single lump sum payment, or in multiple instalments with the written approval of the employee or the director of Employment Standards. Severance pay is a single lump-sum payment that is made according to a predefined set of circumstances, or a series of payments, with proper approval. Often, tax implications or other financial considerations influence the form of payment.
143
What is the first step that a Human Resource Professional should take when drafting a new risk-management plan? a) Identify the risk. b) Recycle as much of their old plan as possible. c) Ask for direction from company management. d) All of the above.
The correct answer is a. Identify the risk. The first step to creating a successful risk-management plan is identifying the risk so that it can be properly addressed and mitigated. Human Resource Professionals should try to avoid reusing old risk-management plans as they might be outdated, ineffective, or fail to reflect current circumstances.
144
A unionized organization, Titan EY, recently purchased the company DesNor. Titan EY's president approaches its HR director with concerns about the acquisition. Specifically, Titan EY does not wish to honour DesNor's existing compensation rates in its pay equity plan. How should the HR director address this concern? a) Reinforce the fact that Titan EY only bought the business, not DesNor's pay equity plan, and therefore Titan EY is not responsible for continuing the plan. b) Advise that Titan EY must honour any pay equity plan in effect at the time it acquired DesNor. c) Suggest that the increases specified in Titan EY's collective bargaining agreement be deemed as the pay equity adjustments specified by DesNor.
The answer is b. Advise that Titan EY must honour any pay equity plan in effect at the time it acquired DesNor. Functional Area: C4 Rationale(s): A is incorrect. Purchasers of businesses must maintain the acquired business's pay equity plan and must honour the plan as it was originally intended. Changes may be made if the plan is found to be no longer appropriate. (PEA, s. 13.1(2)) B is correct. A purchaser acquiring a business with an existing pay equity plan must maintain any compensation rates that were intended to be honoured under the plan. C is incorrect. Collective bargaining increases cannot be deemed to be pay equity adjustments, and to do so is considered a violation of Section 7(2) of the Pay Equity Act. Reference(s): Unit 5, Module 9: Pay Equity Act
145
Which case spells out the circumstances where dishonesty may merit termination with cause? a) Mckinley v. B.C. Tel b) Bardal v. The Globe and Mail Ltd. c) Toronto Electric Commissioners v. Snape d) Mckinley v. Ontario
The answer is a. Mckinley v. B.C. Tel Functional Area: A1 Rationale(s): Unit 12 of multimedia: Mckinley v. B.C. Tel
146
Which of the following is NOT a factor in calculating reasonable notice? a) Employer's age. b) Character of employment. c) Length of service. d) Availability of replacement employment.
The correct answer is a.Employer's age. The employer's age is not a factor in calculating reasonable notice. Rather, the employee's age is a factor.
147
All of the following are appropriate actions taken to ensure equal treatment in the workplace, except: a) Providing information regarding discrimination and equal treatment in the workplace. b) Enforcing the company's anti-harassment policy at meetings and in newsletters. c) Actively removing barriers of participation in the workplace. d) Actively monitoring each employee's actions in the workplace and confronting individuals who seem to be unaware of their legal duties.
The answer is d. Actively monitoring each employee's actions in the workplace and confronting individuals who seem to be unaware of their legal duties. Functional Area: B1 Rationale(s): Unit 9 of multimedia; Harris, 2015.
148
Your employer insists on knowing an employee's diagnosis before determining the form of accommodation. What advise should you give? a) The employer is not entitled to know the precise medical diagnosis. b) The employer is only entitled to know the diagnosis upon notice to the employee. c) The employer can only contact the employee's physician for medical records. d) The employer is always entitled to medical information of employees
The answer is a. The employer is not entitled to know the precise medical diagnosis. Functional Area: B1 Rationale(s): Unit 9 of multimedia; Harris, 2014.
149
Is the following termination clause enforceable: Tyler's Shoes may terminate your employment at any time, without just cause, provided you are given prior written notice in accordance with the Ontario Employment Standards Act? a) Courts will always give effect to the contractual intentions of the parties, and not interfer in any way. b) Probably not. The language is not precise enough, and the courts are currently more willing to override termination clauses. c) The clear and precise language here makes it certain that a court will uphold this termination clause. d) Termination clauses are never enforceable, and courts will always impose a Common Law entitlement.
The correct answer is b.Probably not. The language is not precise enough, and the courts are currently more willing to override termination clauses. Even though this clause is simple and clear, courts at present have been more reluctant to uphold termination clauses than in the past if there is any ambiguity. HR Professionals should take this into account, and should try not to assume that courts will rely upon any termination clause that seeks to restrict an employee’s common law entitlement.
150
What is the principle aim of the Ontario Human Rights Code? a) Permit discrimination b) Prevent discrimination. c) Remedy discrimination. d) Justify discrimination. e) Both (b) and (c).
The correct answer is e. Both (b) and (c). The goal of the Ontario Human Rights Code is to prevent and remedy discrimination based on the prohibited grounds.
151
Which of the following is correct about employment contracts in the sale of businesses? a) New contracts are created with the consideration being the continuation of employment. b) Employees usually maintain their rights regardless of new ownership. c) Employees' rights are no longer the same under new ownership. d) The previous contractual agreement is no longer valid.
The answer is b. Employees usually maintain their rights regardless of new ownership. Functional Area: B4 Rationale(s): Unit 5 of multimedia https://www.labour.gov.on.ca/english/es/pubs/guide/continuity.php http://www.blaney.com/files/article\_sale\_of\_business.pdf http://houserhenry.com/uploads/2015/04/Update-Dont-Forget-Employees.pdf
152
Which of the following is an ideal way for Human Resource Professionals to prepare themselves for the unique situations they will face on the job? a) Learning the company culture. b) Seeking advice from senior HR professionals. c) Having a solid basis in the legal areas they will be covering. d) All of the above.
The correct answer is d. All of the above. All of these are good ways in which junior HR professionals can prepare themselves for the realities of the job, often doing just one will not be enough. Well-rounded Human Resource Professionals should do all they can to prepare themselves for an increasingly diverse employment landscape.
153
Which of the following should an employer NOT do whenever possible to minimize risk and liability when drafting and having an employee sign an employment contract? a) Meet or exceed statutory standards. b) Use clear plain language. c) Use standard boilerplate contracts. d) Explain complicated areas to the employee.
The correct answer is c.Use standard boilerplate contracts. Employers should use custom contracts whenever possible. Though it may be tempting to use standard contracts for similar positions to save time, this can pose problems further down the line for employers.
154
Why is adaptability one of the most important skills that Human Resource Professionals can possess? a) Adaptability is the only major skill Human Resource Professionals will need. b) Human Resource Professionals are likely to hold a number of different roles during their careers. c) Employment contexts are incredibly diverse in the modern employment landscape. d) Both (b) and (c)
The correct answer is d. Both (b) and (c) While a strong knowledge of the law is important, it is equally important that Human Resource Professionals know how to apply the knowledge that they do have to as many situations as possible. This is because two employment situations are likely to be different, and it is impossible to be fully prepared for every scenario HR persons are likely to encounter during their careers. This is becoming increasingly important as we continue to head towards a more global economy and employment landscape.
155
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.
The answer is a. Because it is in the advertising industry, the employer can require footwear with an elevated heel. Functional Area: C2 Rationale(s): A is correct. The statutory prohibition of employers requiring footwear with an elevated heel does not apply to an employer of a worker who works as a performer in the entertainment and advertising industry, as wearing footwear with an elevated heel may be a valid job requirement for some of these workers. This rule does not affect any personal protective equipment requirements regarding footwear in the regulations made under the OHSA. B is incorrect. The OHSA prohibits employers to require footwear with an elevated heel, with the exception of employers of a worker in the entertainment and advertising industry. C is incorrect. The statutory prohibition of employers requiring footwear with an elevated heel does not apply to an employer of a worker who works as a performer in the entertainment and advertising industry. Also, the governing statute is the OHSA, not the employment statute. Reference(s): Unit 5: Understanding Employment Legislation, Module 6: The Occupational Health and Safety Act (OHSA). Occupational Health and Safety Act, R.S.O. 1990, c. O.1, s. 66.
156
Which of the following is the maximum fine applicable to or levied against individuals who are convicted of an offence under the Occupational Health and Safety Act? a) $10,000 b) $100,000 c) $1,500,000
The answer is b. $100,000 Functional Area: C2 Rationale(s): A is incorrect. The correct maximum amount that may be imposed upon any individual convicted of an offence under the OHSA is $100,000. B is correct. This is the correct maximum amount that may be imposed upon any individual convicted of an offence under the OHSA. C is incorrect. $1,500,000. This amount serves as the maximum fine that may be imposed upon a corporation convicted of an offence under the OHSA. Reference(s): Unit 5: Understanding Employment Legislation, Module 6: The Occupational Health and Safety Act (OHSA). Occupational Health and Safety Act, R.S.O. 1990, c. O.1, s. 66.
157
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.
The answer is a. The company could face legal action for discriminating against Angelo. Functional Area: B1 Rationale(s): A is correct. The Code considers weight grounds for discrimination if the employer refuses to hire Angelo because of his obesity. B is incorrect. Although weight discrimination is not an expressly protected ground, it is not an act the employer should engage in because it may amount to harassment. C is incorrect. An employer-employee relationship is not necessary for discrimination to occur. The employer should refrain from all forms of discrimination. Reference(s): Unit 6: Applying the Ontario Human Rights Code, Module 1: The Code — Discrimination Based on Weight and Sexual Harassment. Human Rights Code, R.S.O. 1990, c. H.19, s.17.
158
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.
The answer is c. Discrimination based on sex. Functional Area: B1 Rationale(s): A is incorrect. The discrimination stems from Jenki’s status as a pregnant woman, rather than her identification as a particular gender. B is incorrect. Since the discrimination occurred before Jenki has become a mother, it would not be considered discrimination on the grounds of family status. C is correct. Because only women can be pregnant, it is unique to Jenki’s sex, which makes this a case of discrimination based on sex. Reference(s): Unit 9: Human Rights and Accommodation, Module 1: Ontario’s Human Rights Code. Human Rights Code, R.S.O. 1990, c. H.19.
159
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.
The answer is c. The company could demonstrate that holding a valid driver’s licence is a bona fide occupational requirement of the position. Functional Area: B1 Rationale(s): A is incorrect. The threshold for undue hardship is high, and until the employer has actually calculated what the costs associated with the renovations would be, the employer would have no grounds to claim undue hardship. B is incorrect. The formation of an employer-employee relationship is not necessary for discrimination to occur. C is correct. If the employer can demonstrate that having a driver’s licence is a bona fide occupational requirement, the rule may not be considered discriminatory. Reference(s): Unit 9: Human Rights and Accommodation, Module 3: Disabilities. Human Rights Code, R.S.O. 1990, c. H.19, s.17.
160
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
The answer is c. Existing employment contracts and the common law Functional Area: C3 Rationale(s): A is incorrect. The OHSA is not relevant to the sale of a business. B is incorrect. The AODA is concerned with ongoing compliance matters, so the buyer would be the one concerned with compliance with the AODA. C is correct. Existing employment contracts and the common law should be consulted to completely understand all aspects of the sale. Reference(s): Unit 5: Understanding Employment Legislation, Module 10: Interprovincial Business. Employment Standards Act, 2000, S.O. 2000, c. 41, s. 3.
161
Which area of the law allows equal bargaining power in negotiations between an employer and an employee? a) Statute law b) Common law c) Constitutional law
The answer is b. Common law Functional Area: B3 Rationale(s): A is incorrect. Statute law generally affords one party greater bargaining power than the other. B is correct. Common law principles have helped strike a balance in the employment bargaining process between the employer and the employee. C is incorrect. Constitutional law has not affected the bargaining power in employment negotiations. Reference(s): Unit 5: Understanding Employment Legislation, Module 2: Termination, Severance and the Common Law
162
Under common law, an employee who is terminated without notice can make what type of claim against the employer? a) A claim of constructive dismissal. b) A claim of wrongful dismissal. c) A claim for greater benefits.
The answer is b. A claim of wrongful dismissal. Functional Area: B3 Rationale(s): A is incorrect. Constructive dismissal claims concern fundamental changes to the contractual agreement. B is correct. Common law principles provide employees with the greatest support in initiating a wrongful dismissal claim. C is incorrect. This is a principle best used to support a claim, rather than being a separate claim in and of itself. Reference(s): Unit 5: Understanding Employment Legislation, Module 2: Termination, Severance and the Common Law.
163
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.
The answer is b. Common law notice. Functional Area: B3 Rationale(s): A is incorrect. Statutory notice will only apply if it is clearly specified in the employment contract. B is correct. Since the employment contract did not provide the employee with the minimum entitlements under the employment legislation, it is likely common law notice will be applied. C is incorrect. The court is likely not to make this order. Reference(s): Unit 5: Understanding Employment Legislation, Module 2: Termination, Severance and the Common Law.
164
What is the term for the factors used to determine reasonable notice under common law, such as an employee’s age, position, and length of service? a) Bardal factors b) Farber factors c) McCormick test
The answer is a. Bardal factors Functional Area: B3 Rationale(s): A is correct. The common law factors of determining reasonable notice were identified in the precedent-setting case of Bardal v. The Globe & Mail Ltd. (1960), 24 D.L.R. (2d) 140 (Ont. H.C.). B is incorrect. Farber v. Royal Trust Co., [1997] 1 S.C.R. 846, defined employer actions that amount to constructive dismissal, otherwise known as Farber factors. C is incorrect. McCormick v. Fasken Martineau, 2014 SCC 39, set out the test to determine whether an employment relationship exists. Reference(s): Unit 5: Understanding Employment Legislation, Module 2: Termination, Severance and the Common Law.
165
For an employer, what is a benefit of hiring independent contractors instead of permanent employees? 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.
The answer is a. Employers are not required to pay into Employment Insurance or other programs on behalf of independent contractors. Functional Area: A2 Rationale(s): A is correct. Employers are not required to pay into EI, Workplace Safety Insurance Board premiums, or Canada Pension Plan contributions for independent contractors. B is incorrect. While independent contractors pay their own taxes, employers do not enjoy a tax rebate. C is incorrect. Independent contractors are not covered by the ESA. Reference(s): Unit 3: The Employment Contract, Module 4: Employees and Independent Contractors.
166
What legislation repeals the “reverse onus” for employers in determining whether a worker has been appropriately classified as an employee or an independent contractor? a) Employment Standards Act, 2000 b) Fair Workplaces, Better Jobs Act c) Making Ontario Open for Business Act
The answer is c. Making Ontario Open for Business Act Functional Area: A2 Rationale(s): A is incorrect. The Making Ontario Open for Business Act makes amendments to the ESA and OHSA and removes the “reverse onus” in misclassification under the ESA introduced by Bill 148. These changes do not originate in the Employment Standards Act. B is incorrect. It is the Fair Workplaces, Better Job Act that created this “reverse onus” in misclassification under the ESA initially. C is correct. The Making Ontario Open for Business Act has repealed many aspects of the Fair Workplaces, Better Jobs Act, including removing the “reverse onus” in misclassification placed on employers. Reference(s): Unit 3: The Employment Contract, Module 4: Employee’s and Independent Contractors. Fair Workplaces, Better Job Act, 2017, S.O. 2017, C.22. Making Ontario Open for Business Act, 2018, S.O. 2018, c. 14.
167
An organization is in the middle of a mass termination and is about to terminate 200 employees. How much notice are these employees entitled to? a) 8 weeks b) 10 weeks c) 12 weeks
The answer is c. 12 weeks Functional Area: A1 Rationale(s): A is incorrect. This is 4 weeks too few. B is incorrect. This is 2 weeks too few. C is correct. In the case of a mass termination, the amount of notice is set based on the number of employees terminated. Reference(s): Ontario Ministry of Labour: “Termination of Employment” (https://www.labour.gov.on.ca/english/es/pubs/guide/termination.php). Employment Standards Act, 2000, S.O. 2000, c. 41.
168
If an employee is permitted the use of a company vehicle, which of the following circumstances would be considered a benefit to which can be compensated when structuring a 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.
The answer is b. It should be included when it is used by the employee for personal, non-business purposes. Functional Area: A2 Rationale(s): A is incorrect. When the vehicle was used solely for business purposes, it is not required to be compensated for in a termination package. B is correct. When non-business use of a company vehicle is allowed, such use is considered a benefit and should be considered when structuring a termination package. C is incorrect. If the company vehicle has been used with permission for non-business purposes, such use is considered a benefit and should be compensated for at termination. Reference(s): Filsinger, 2015, pp. 451-453.
169
A termination clause in an employment contract does not expressly provide for the continuation of benefits during the termination notice period. What are the implications of omission? a) The termination clause is unenforceable. b) The statutory minimums apply. c) The entire contract is unenforceable.
The answer is a. The termination clause is unenforceable. Functional Area: A1 Rationale(s): A is correct. Failing to provide for the continuation of benefits during the notice period may render the clause unenforceable. B is incorrect. If the termination is challenged in court, the more costly common law principles are likely to be applied. C is incorrect. The termination clause would be unenforceable, but not the entire contract. Reference(s): Filsinger, 2015, Chapter 4, pp. 110-115. Stevens v. Sifton Properties Ltd., 2012 ONSC 5508.
170
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.
The answer is c. Yes. Employers are not required to approve vacation requests for periods longer than a week for each request. Functional Area: A3 Rationale(s): A is incorrect. Jerry’s collective agreement supersedes the ESA in this case, because it provides for a greater benefit. B is incorrect. Jerry is entitled to 4 weeks’ vacation as provided in the collective agreement, but employers have the right to schedule vacation in 1-week blocks. C is correct. The law allows employers to schedule vacation time in 1-week blocks. It is within her right to schedule Jerry’s vacation time in a 3-week block and a 1-week block. Reference(s): Ontario Ministry of Labour: "Vacation with Pay" (https://www.ontario.ca/document/your-guide-employment-standards-act-0/vacation).
171
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.
The answer is c. The contract may be considered obsolete, as it has not been updated in many years, especially when Sheryl changed positions. Functional Area: A2 Rationale(s): A is incorrect. This instance would not be considered frustration of contract. B is incorrect. The contract has no such hard and fast expiration date. C is correct. It is very likely that the employment contract would be considered obsolete as it was not updated to reflect the different positions she eventually assumed. Reference(s): Unit 3: The Employment Contract, Part 2, Module 2: Enforceability of Contracts.
172
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.
The answer is b. The first clause is likely not enforceable, but the second likely is.
Functional Area: A2 Rationale(s):
A is incorrect. A clause that ensures a terminated employee will continue to receive their benefits may be enforceable in the modern legal landscape, so the second clause is likely enforceable. Modern jurisprudence is divided, and it is very difficult to ensure that the first clause, which limits employee entitlements to the ESA standards, could be enforced, however.
B is correct. Modern jurisprudence is divided, and it is very difficult to ensure that the first clause, which limits employee entitlements to the ESA standards, could be enforced.
C is incorrect. While an employer must always ensure that an employee understands their contract and has had the chance to seek independent legal advice before signing, allowing for this does not guarantee that clause 1, which limits employee entitlements to the ESA standards, would be enforceable in the modern legal landscape.
Reference(s): Unit 4: The Employment Contract, Part 2, Module 2: Enforceability of Contracts. Mathias Link and Emily Shepard, Fasken Martineau DuMoulin LLP, “Ensuring the Enforceability of Employment Contracts since Machtinger” (http://www.fasken.com/files/Publication/d7022e1d-d1ac-478f-8d91-4c4382d89ae8/Presentation/PublicationAttachment/0095518f-6391-4bfb-8d6f-4de6e547db14/Ensuring%20the%20Enforceability%20of%20Employment%20Contracts%20since%20Machtinger.pdf).
173
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.
The answer is b. Bring Colin back to work and lay off Nicholas. Functional Area: A1 Rationale(s): A is incorrect. Terminating Colin would be costly. B is correct. This allows the employer to retain both employees. C is incorrect. Colin’s temporary layoff will end after 13 weeks, and not recalling him would be tantamount to terminating him. Colin would then be entitled to termination pay. Reference(s): Ontario Ministry of Labour: “Termination of Employment” (https://www.labour.gov.on.ca/english/es/pubs/guide/termination.php).
174
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.
The answer is c. None. The employer is not required to provide written notice or a reason for the layoff. Functional Area: A1 Rationale(s): A is incorrect. There is no such stipulation in the Employment Standards Act. B is incorrect. Employers are not obligated to provide a reason for a temporary layoff. C is correct. Under the Employment Standards Act, employers need not provide a reason or written notice to employees who are temporarily laid off. Reference(s): Ontario Ministry of Labour: “Termination of Employment” (https://www.labour.gov.on.ca/english/es/pubs/guide/termination.php).
175
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.
The answer is a. Pension earnings do not reduce reasonable notice damages. Functional Area: A1 Rationale(s): A is correct. According to the Supreme Court of Canada, pension income does not reduce employee entitlement upon termination. B is incorrect. Pension income is not counted as earnings for the purpose of calculating the amount of reasonable notice damages. C is incorrect. Whether someone is collecting a full or partial pension is irrelevant for calculating the amount of reasonable notice damages. Reference(s): Filsinger, 2015, pp. 451-453.
176
Which of the following is true about a 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.
The answer is b. The employee can exercise their stock options until the end of their notice period unless their contract prohibits it. Functional Area: A1 Rationale(s): A is incorrect. Employees can continue to accrue and exercise stock options until the end of the notice period, unless stated otherwise in the employment contract or in the stock option plan. B is correct. One should look to the particulars laid out in the employment contract or the stock option plan for guidance in cases such as these. C is incorrect. The employer is free to draft an employment contract or a stock option plan that suits their interests, but cannot restrict stock options after the fact. Reference(s): Filsinger, 2015, pp. 451-453.
177
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.
The answer is c. When terminating an employee for misconduct. Functional Area: A1 Rationale(s): A is incorrect. These principles have no bearing on hiring and training. B is incorrect. When dealing with the accommodation of employees, issues such as undue hardship are to be considered, not proportionality or context. C is correct. When considering terminating an employee for dishonesty or theft, proportionality and context are very important. Reference(s): Filsinger, 2015, p. 381.
178
Which of the following is the most important factor when determining whether an 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.
The answer is a. Whether the dishonesty breached the bond of trust between the employer and employee. Functional Area: A1 Rationale(s): A is correct. This is often required for grounds for dismissal to exist. B is incorrect. The ongoing act may be small or insignificant and fail to fulfill the other requirements. HR professionals should assess proportionality and context when considering whether to terminate an employee with cause for dishonesty, as directed by McKinley v. BC Tel. C is incorrect. While dishonesty has the potential to be cause for termination when it negatively affects employer operations, this is not necessarily a requirement in order to justify the dismissal. What should be considered is whether the dishonesty breaches the bond of trust implicit in the employee-employer relationship. Reference(s): Unit 11: Termination, Module 6: Common Reasons for termination. McKinley v. BC Tel, 2001 SCC 38.
179
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.
The answer is c. No maximum has been established under common law. Functional Area: A1 Rationale(s): A is incorrect. This would represent an extremely restrictive maximum. B is incorrect. This is a common misconception, but employee notice entitlements are not capped at 12 or 24 months. C is correct. There is no set limit, and employee entitlement depends heavily on the Bardal factors. Reference(s): Unit 11: Termination, Module 4: Notice Requirements at common law.
180
What is the process under which employers and employees negotiate union contracts? a) Collective bargaining b) Collective negotiation c) Contract bargaining
The answer is a. Collective bargaining Functional Area: A2 Rationale(s): A is correct. Collective bargaining describes this process. B is incorrect. Although negotiation is involved, this is not how the process is described. C is incorrect. There is no legally defined term known as contract bargaining. Reference(s): Unit 4: The Employment Contract, Part 2, Module 4: The Collective Agreement.
181
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.
The answer is 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. Functional Area: A2 Rationale(s): A is incorrect. He cannot be forced to join a union, but any collective agreement he may become party to will replace his employment contract. B is incorrect. While collective agreements are often more beneficial to employees than standard employment contracts, this is not always the case. C is correct. While it is likely to be more favourable than his existing employment contract, if he is subject to a collective agreement it will replace his existing employment contract. Reference(s): Unit 4: The Employment Contract, Part 2, Module 4: The Collective Agreement.
182
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.
The answer is c. The Board may decide whether a vote would be sufficient to remedy the employer misconduct or if remedial certification is required. Functional Area: A2 Rationale(s): A is incorrect. Bill 148 previously required remedial certification without a vote in cases of employer misconduct; however, with the passing of Bill 47 into law, the Board may now consider whether or not a vote would be appropriate before ordering remedial certification to take place. B is incorrect. The Board is not permitted to deny certification based solely on employer misconduct. If true wishes of the employees can be ensured, the Board must consider ordering a vote. C is correct. Under Bill 47, remedial certification will only be granted if the Board concludes that no other remedy would be sufficient to counter the effects of the contravention. Reference(s): Unit 4: The Employment Contract Part 2, Module 4: The Collective Agreement. Fair Workplaces, Better Jobs Act, 2017, S.O. 2017, C.22. Making Ontario Open for Business Act, 2018, S.O. 2018, c. 14.
