QUIZZES Flashcards
The Minister of Labour introduces a bill in the Ontario legislature to eliminate the lower minimum wage that applies to students under the age of 18. This is called:
A Public Bill
Smith, in Smith v. Jones.
Plaintiff
The document that begins a wrongful dismissal proceeding.
Statement of Claim
A civil “wrong” for which there is a legal remedy.
Tort
Previous decisions by judges that looked at similar issues.
Legal Precedent
It protects legislation from a Charter of Rights challenge as long as the legislation expressly refers to it.
Notwithstanding Clause
A bill introduced into the legislature by the Cabinet Minister responsible for that policy area.
Public Bill
Required for a bill to become a statute.
Royal Assent
A relevant case from another jurisdiction.
Persuasive
Judge-made law.
Common Law
The percentage of employees in Canada covered by federal employment legislation.
10%
Law made by legislatures.
Statute Law
A word that means the “Crown” (used in criminal proceedings).
Regina
The principle that lower courts must follow decisions from higher courts where the issues are similar.
Stare decisis
Government promise of “equality rights and protections”.
Section 15 of the Charter of Rights
Allows contravention of a Charter right or freedom if it is a “reasonable limit in a just and democratic society”.
Section 1 of the Charter of Rights
Detailed rules on how to implement or administer a statute.
Regulations
The legal basis of the non-union employment relationship.
Contract
Monetary compensation.
Damages
A type of bill that often does not pass.
Private Member’s
The percentage of employees in Canada covered by provincial employment laws.
90%
Under Ontario’s Human Rights Code, discrimination in employment is prohibited on _______ grounds.
16
Which one of the following is NOT one of the prohibited grounds of discrimination in employment under Ontario’s Human Rights Code?
Physical appearance
I have violated Ontario’s Human Rights Code if I fire my employee for:
Filing a claim of discrimination that I reasonably suspect has no merit
Harkiran thinks that her employer, a grocery store in Mississauga, Ontario, is discriminating against her (giving her worse shifts) because of her ethnicity. What law should she look to to address her concerns?
Ontario’s Human Rights Code
Under Ontario’s Human Rights Code (OHRC), the term “disability” generally does NOT include:
Temporary, minor illnesses, like the flu
Religious beliefs and practices are protected against discrimination as long as…
Those beliefs are sincerely held
Generally, job applicants should be asked for their social insurance number…
Only after a conditional offer of employment is made
From a legal point of view, the practice of checking an applicant’s job references primarily relates to…
Avoiding common law claims
An employer who is considering hiring a job candidate who is contractually bound to provide significant advance notice of resignation to his current employer must be particularly aware of this common law action.
Inducing breach of contract
TRUE OR FALSE: An employer in Ontario is required to statute to conduct a police check for all job applicants whose job duties include handling money.
False
The restrictive clause that courts are least likely to enforce.
Non-competition clause
A “severability clause” in a written employment contract means that…
If any part of the agreement is ruled invalid, the rest of the agreement remains enforceable
If a written employment contract does not specify a probationary period, and a dispute arises, a court will find that under the common law…
There is no implied probationary period
In common law jurisdictions such as Ontario, the non-union employment relationship is viewed as being…
Based in contract
In most situations it is very important to have a written employment contract signed…
Before the employee starts work
To be enforceable, an employment contract requires “consideration.” This means that:
Something of value must be given by each party to the other party
What is the name of the contract terms that are found in such things as employee handbooks, HR policy manuals, retirement plans, and benefits handbooks?
Ancillary terms
If an employment contract does not contain an enforceable termination clause, under the common law a judge will read into the contract an implied requirement that the employer provide ____________ notice of termination or pay in lieu (pay instead).
Reasonable
The rule of contra proferentem means that:
Ambiguous or unclear language in a contract will usually be interpreted against the party that drafted it
Which party has the burden of proof in showing that accommodating an employee (based on a disability, religious observance, etc) would constitute “undue hardship”?
The employer being asked to provide accommodation
The majority of decisions on human rights applications in Ontario are made by…
Arbitrators appointed under collective agreements
Providing a voice synthesizer to help a physically disabled employee perform an essential job duty is an example of:
Reasonable accommodation
In the Hydro-Québec case, the Supreme Court of Canada decided that the “duty to accommodate” requires an employer to…
Prove that it is impossible to accommodate the individual further without incurring undue hardship
In CEP v Irving Pulp and Paper Ltd., the Supreme Court of Canada ruled on the employer’s random alcohol testing policy. In that case, it decided that…
Random drug and alcohol testing can only be justified when the employer proves that the workplace is dangerous and that there is a serious problem with alcohol and drugs in the workplace
Firing an employee for filing a human rights complaint is an example of something called:
A reprisal
In Johnstone v Canada, the Federal Court of Appeal laid out several elements that complainants must prove to establish a prima facie case of discrimination based on an employer’s failure to accommodate their employee’s childcare obligations. Which one of the following is NOT one of those elements?
The complainant’s childcare obligations include attending extracurricular activities that a parent would reasonably be expected to attend
TRUE OR FALSE: “Harassment” under Ontario’s Human Rights Code usually requires a course of vexatious comment or conduct, rather than a single incident.
True
TRUE OR FALSE: Under Ontario’s Human Rights Code, health and safety is one of the factors considered in determining undue hardship
True
