MISC

Question 1

Essentials of a Contract (4)

Answer 1

1. Offer
2. Acceptance
3. Consideration
4. Legality

Question 2

What is the maximum fine applicable to individuals who are convicted under the OHSA?

Answer 2

$100,000

Question 3

Remedial Certification

Answer 3

Allows the labour board to certify the union as a remedy, even when it has been unable to prove majority support among the employees, when the employer committs a serious illegal act designed to undermine the union’s organizing campaign.

Question 4

The highest court in Ontario

Answer 4

Ontario Court of Appeal

Question 5

Maximum amount under a Small Claims Court

Answer 5

< $35,000

Question 6

Toronto Electric Commissioner v. Snider

Answer 6

Determined employment law to be provincial

Question 7

R. v. Kapp

Answer 7

Established two-part test

Question 8

Which removed the onus previously placed on employers to justify their classification of workers as independent contractors?

Answer 8

Bill 47 - Making Ontario Open for Business Act
*Employers are still obligated to classify them properly

Question 9

Saving Provision

Answer 9

A provision that purports to guarantee minimum statutory entitlements regardless of any other language in the agreement

Question 10

2 Principles of the Pay Equity Act

Answer 10

1. Equal pay for work of equal value
2. Compliance-based, not complaint-based

Question 11

Steps to Pay Equity (7)

Answer 11

1. Identify establishments
2. Define job classes
3. Determine gender predominance of job classes
4. Select gender neutral evaluation system
5. Comparison of job classes
6. Posting and approving pay equity plan
7. Pay adjustments

Question 12

5 exceptions to Hiring Discrimination

Answer 12

1. Special Interest Groups
2. BFOR
3. Nepotism
4. Medical/Personal Attendants
5. Affirmative Action Programs

Question 13

Areas that must comply with the Human Rights Code (5)

Answer 13

1. Hiring
2. Transfers
3. Promotions
4. Compensation
5. Benefits

Question 14

Fraudulent Misrepresentation by Employer

Answer 14

Employer knowingly makes untrue or misleading statemetn and applicant suffers a loss as a result of relying on it

Question 15

Negligent Misrepresentation by Employer

Answer 15

Employer carelessly makes a false or misleading statement and the applicant suffers a loss as a result of relying on that statement

Question 16

Fraudulent or negligent misrepresentation by an applicant

Answer 16

May lead to dismissal without just cause if it led to job offer and was a significant component of the position

Question 17

Establishing a prima facie case

Answer 17

1. does the applicant have characteristics protected by the Code?
2. did the applicant experience negative treatment or an adverse impact?
3. was the protected characteristic a factor in the negative treatment or adverse impact.
   If yes, applicant has made out a prima facie case of discrimination

Question 18

How many agreements to vary, and what are they?

Answer 18

4
1. Agreement to exceed daily & weekly max. hours of work
2. Agreement to average hours of work for OT pay purposes
3. Agreement to compensate OT hours with time off in lieu of pay
4. Agreements to take vacation time in increments of less than one week

Question 19

Test for Independent Contractor

Answer 19

• Degree of control
• Ownership of tools
• Risk of loss
• Permanence
• Exclusivity
• Degree of integration

Question 20

What are the two parts of the duty to accommodate

Answer 20

Procedural and Substantive

Question 21

Bardal Factors (5)

Answer 21

1. Length of Service
2. Age
   3.Position & Character of Employment
3. Level of Compensation
4. Amount of time it would take to find alternative employment