QUIZZES

Question 1

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:

Answer 1

A Public Bill

Question 2

Smith, in Smith v. Jones.

Answer 2

Plaintiff

Question 3

The document that begins a wrongful dismissal proceeding.

Answer 3

Statement of Claim

Question 4

A civil “wrong” for which there is a legal remedy.

Answer 4

Tort

Question 5

Previous decisions by judges that looked at similar issues.

Answer 5

Legal Precedent

Question 6

It protects legislation from a Charter of Rights challenge as long as the legislation expressly refers to it.

Answer 6

Notwithstanding Clause

Question 7

A bill introduced into the legislature by the Cabinet Minister responsible for that policy area.

Answer 7

Public Bill

Question 8

Required for a bill to become a statute.

Answer 8

Royal Assent

Question 9

A relevant case from another jurisdiction.

Answer 9

Persuasive

Question 10

Judge-made law.

Answer 10

Common Law

Question 11

The percentage of employees in Canada covered by federal employment legislation.

Answer 11

10%

Question 12

Law made by legislatures.

Answer 12

Statute Law

Question 13

A word that means the “Crown” (used in criminal proceedings).

Answer 13

Regina

Question 14

The principle that lower courts must follow decisions from higher courts where the issues are similar.

Answer 14

Stare decisis

Question 15

Government promise of “equality rights and protections”.

Answer 15

Section 15 of the Charter of Rights

Question 16

Allows contravention of a Charter right or freedom if it is a “reasonable limit in a just and democratic society”.

Answer 16

Section 1 of the Charter of Rights

Question 17

Detailed rules on how to implement or administer a statute.

Answer 17

Regulations

Question 18

The legal basis of the non-union employment relationship.

Answer 18

Contract

Question 19

Monetary compensation.

Answer 19

Damages

Question 20

A type of bill that often does not pass.

Answer 20

Private Member’s

Question 21

The percentage of employees in Canada covered by provincial employment laws.

Answer 21

90%

Question 22

Under Ontario’s Human Rights Code, discrimination in employment is prohibited on _______ grounds.

Answer 22

16

Question 23

Which one of the following is NOT one of the prohibited grounds of discrimination in employment under Ontario’s Human Rights Code?

Answer 23

Physical appearance

Question 24

I have violated Ontario’s Human Rights Code if I fire my employee for:

Answer 24

Filing a claim of discrimination that I reasonably suspect has no merit

Question 25

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?

Answer 25

Ontario’s Human Rights Code

Question 26

Under Ontario’s Human Rights Code (OHRC), the term “disability” generally does NOT include:

Answer 26

Temporary, minor illnesses, like the flu

Question 27

Religious beliefs and practices are protected against discrimination as long as…

Answer 27

Those beliefs are sincerely held

Question 28

Generally, job applicants should be asked for their social insurance number…

Answer 28

Only after a conditional offer of employment is made

Question 29

From a legal point of view, the practice of checking an applicant’s job references primarily relates to…

Answer 29

Avoiding common law claims

Question 30

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.

Answer 30

Inducing breach of contract

Question 31

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.

Answer 31

False

Question 32

The restrictive clause that courts are least likely to enforce.

Answer 32

Non-competition clause

Question 33

A “severability clause” in a written employment contract means that…

Answer 33

If any part of the agreement is ruled invalid, the rest of the agreement remains enforceable

Question 34

If a written employment contract does not specify a probationary period, and a dispute arises, a court will find that under the common law…

Answer 34

There is no implied probationary period

Question 35

In common law jurisdictions such as Ontario, the non-union employment relationship is viewed as being…

Answer 35

Based in contract

Question 36

In most situations it is very important to have a written employment contract signed…

Answer 36

Before the employee starts work

Question 37

To be enforceable, an employment contract requires “consideration.” This means that:

Answer 37

Something of value must be given by each party to the other party

Question 38

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?

Answer 38

Ancillary terms

Question 39

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).

Answer 39

Reasonable

Question 40

The rule of contra proferentem means that:

Answer 40

Ambiguous or unclear language in a contract will usually be interpreted against the party that drafted it

Question 41

Which party has the burden of proof in showing that accommodating an employee (based on a disability, religious observance, etc) would constitute “undue hardship”?

Answer 41

The employer being asked to provide accommodation

Question 42

The majority of decisions on human rights applications in Ontario are made by…

Answer 42

Arbitrators appointed under collective agreements

Question 43

Providing a voice synthesizer to help a physically disabled employee perform an essential job duty is an example of:

Answer 43

Reasonable accommodation

Question 44

In the Hydro-Québec case, the Supreme Court of Canada decided that the “duty to accommodate” requires an employer to…

Answer 44

Prove that it is impossible to accommodate the individual further without incurring undue hardship

Question 45

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…

Answer 45

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

Question 46

Firing an employee for filing a human rights complaint is an example of something called:

Answer 46

A reprisal

Question 47

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?

Answer 47

The complainant’s childcare obligations include attending extracurricular activities that a parent would reasonably be expected to attend

Question 48

TRUE OR FALSE: “Harassment” under Ontario’s Human Rights Code usually requires a course of vexatious comment or conduct, rather than a single incident.

Answer 48

True

Question 49

TRUE OR FALSE: Under Ontario’s Human Rights Code, health and safety is one of the factors considered in determining undue hardship

Answer 49

True