Scearnio 1 Flashcards
Deon works at Truman Textiles, a family-owned manufacturing company with 50 employees. Throughout the course of his shift, Deon typically operates one machine. One morning, during a routine inspection before the start of his shift, he notices a broken part on the machine. Deon immediately reports his concern about operating the machine to his supervisor, Timeo. Although the broken part has the potential to cause damage to the machine, Timeo informs Deon that it is still safe to operate until the new part arrives. Deon does not believe the machine is safe and refuses to operate it. Timeo believes that Deon is intentionally creating trouble and decides to assign him to work on consecutive weekends. Deon observes the Sabbath and has never worked a weekend shift. He believes Timeo’s assignment is discriminatory and punitive for his refusal to operate an unsafe machine, so he consults the company’s HR manager. Under which legislation is Deon claiming the right to refuse unsafe work? a) Occupational Health and Safety Act b) Employment Standards Act, 2000 c) Human Rights Code
The answer is a. Occupational Health and Safety Act Functional Area: C2 Rationale(s): A is correct. Part V of the OHSA discusses the right to refuse work. B is incorrect. The ESA discusses benefits plans. C is incorrect. The Human Rights Code offers redress to workers who have experienced reprisals by exercising their right to refuse unsafe work. 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, Part V.
Deon works at Truman Textiles, a family-owned manufacturing company with 50 employees. Throughout the course of his shift, Deon typically operates one machine. One morning, during a routine inspection before the start of his shift, he notices a broken part on the machine. Deon immediately reports his concern about operating the machine to his supervisor, Timeo. Although the broken part has the potential to cause damage to the machine, Timeo informs Deon that it is still safe to operate until the new part arrives. Deon does not believe the machine is safe and refuses to operate it. Timeo believes that Deon is intentionally creating trouble and decides to assign him to work on consecutive weekends. Deon observes the Sabbath and has never worked a weekend shift. He believes Timeo’s assignment is discriminatory and punitive for his refusal to operate an unsafe machine, so he consults the company’s HR manager. At the conclusion of the investigation, what is the ministry inspector required to do? a) Provide the investigative decision and reasons in writing to all relevant parties. b) Provide the investigative decision and reasons orally at a meeting with all relevant parties. c) Provide the investigative decision, but not the reasons, in writing to all relevant parties.
The answer is a. Provide the investigative decision and reasons in writing to all relevant parties. Functional Area: C2 Rationale(s): A is correct. A written summary of the findings is required on completion of the investigation. B is incorrect. While a meeting may be arranged, the findings must still be provided in writing to all relevant parties. C is incorrect. The inspector’s findings cannot be concealed from the parties involved in the investigation. 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, ss. 43(7)-(9). Ontario Ministry of Labour: “V: Right to Refuse or to Stop Work Where Health and Safety Is in Danger” (https://www.labour.gov.on.ca/english/hs/pubs/farming/ohsa/refuse.php).
Deon works at Truman Textiles, a family-owned manufacturing company with 50 employees. Throughout the course of his shift, Deon typically operates one machine. One morning, during a routine inspection before the start of his shift, he notices a broken part on the machine. Deon immediately reports his concern about operating the machine to his supervisor, Timeo. Although the broken part has the potential to cause damage to the machine, Timeo informs Deon that it is still safe to operate until the new part arrives. Deon does not believe the machine is safe and refuses to operate it. Timeo believes that Deon is intentionally creating trouble and decides to assign him to work on consecutive weekends. Deon observes the Sabbath and has never worked a weekend shift. He believes Timeo’s assignment is discriminatory and punitive for his refusal to operate an unsafe machine, so he consults the company’s HR manager. If Deon disagrees with the inspector’s findings and wishes to challenge the results, where should he raise his challenge? a) Superior Court of Ontario b) Ontario Labour Relations Board c) Workplace Safety and Insurance Board
The answer is b. Ontario Labour Relations Board Functional Area: C2 Rationale(s): A is incorrect. Challenges of this nature do not initially take place at this level of the court system. B is correct. This is the appropriate board to challenge the inspector’s findings. C is incorrect. This board deals with injuries in the workplace and handles claims for compensation and benefits. 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. 43.
Deon works at Truman Textiles, a family-owned manufacturing company with 50 employees. Throughout the course of his shift, Deon typically operates one machine. One morning, during a routine inspection before the start of his shift, he notices a broken part on the machine. Deon immediately reports his concern about operating the machine to his supervisor, Timeo. Although the broken part has the potential to cause damage to the machine, Timeo informs Deon that it is still safe to operate until the new part arrives. Deon does not believe the machine is safe and refuses to operate it. Timeo believes that Deon is intentionally creating trouble and decides to assign him to work on consecutive weekends. Deon observes the Sabbath and has never worked a weekend shift. He believes Timeo’s assignment is discriminatory and punitive for his refusal to operate an unsafe machine, so he consults the company’s HR manager. If Deon pursued a claim of discrimination in regard to the scheduling issue, how likely is it that he would succeed? Why? a) Unlikely, since the assignment was temporary, not permanent. b) Unlikely, since Deon was not assigned to work on a statutory holiday and therefore cannot refuse to work. c) Likely, since Deon observes the Sabbath and can refuse to work on religious grounds.
The answer is c. Likely, since Deon observes the Sabbath and can refuse to work on religious grounds. Functional Area: B1 Rationale(s): A is incorrect. Whether the assignment is temporary or permanent, discrimination may still occur if employees must work on the Sabbath. B is incorrect. There is no requirement that religious accommodation is limited to statutory holidays. C is correct. The act of knowingly assigning work to employees who observe the Sabbath can amount to discrimination based on religion. Reference(s): Canadian Human Rights Commission, What Is Discrimination (http://www.chrc-ccdp.gc.ca/eng/content/what-discrimination).
