Scenario 10 Flashcards
After a brief interview at a popular Toronto barbecue restaurant, Manuela is asked to work a 10-hour trial shift to get to know the rest of the staff and to learn how the restaurant operates. Manuela agrees, and at the end of the shift, the general manager offers her a part-time position. While Manuela is disappointed that she was not offered a full-time position, she is nevertheless happy to be offered a job. After she accepts the job, Manuela’s new manager informs her that she will start the following Monday, and that she will be paid every 2 weeks from the time she starts her first shift on Monday. The manager does not mention paying her for the 10-hour trial shift she has just finished and Manuela does not receive any pay for that shift on her first paycheque. About 4 months later, the manager tells Manuela she is being let go effective immediately. When Manuela asks why, the manager does not give her a reason and just provides her with her last paycheque for the hours she worked that pay period. Manuela feels she has been treated wrongly. Although she has heard the restaurant industry has a lot of flexibility in how it operates, she questions whether it is right for the restaurant not to pay her for a trial shift and to dismiss her without a reason. Which of the following is true about trial shifts? a) Unpaid trial shifts are common in the restaurant industry and hold a de facto legal status. b) Trial shifts are considered work hours and must be paid accordingly. c) Trial shifts are similar to internships and employers are not required to pay for them.
The answer is b. Trial shifts are considered work hours and must be paid accordingly. Functional Area: A1 Rationale(s): A is incorrect. Though common, they are illegal. B is correct. Employees must be paid for the hours that they work. C is incorrect. Except for internships that award an education credit, all work must be paid. Reference(s): Employment Standards Act, 2000, S.O. 2000, c. 41, ss. 1(1), 1(2). Filsinger, 2015, p. 185.
After a brief interview at a popular Toronto barbecue restaurant, Manuela is asked to work a 10-hour trial shift to get to know the rest of the staff and to learn how the restaurant operates. Manuela agrees, and at the end of the shift, the general manager offers her a part-time position. While Manuela is disappointed that she was not offered a full-time position, she is nevertheless happy to be offered a job. After she accepts the job, Manuela’s new manager informs her that she will start the following Monday, and that she will be paid every 2 weeks from the time she starts her first shift on Monday. The manager does not mention paying her for the 10-hour trial shift she has just finished and Manuela does not receive any pay for that shift on her first paycheque. About 4 months later, the manager tells Manuela she is being let go effective immediately. When Manuela asks why, the manager does not give her a reason and just provides her with her last paycheque for the hours she worked that pay period. Manuela feels she has been treated wrongly. Although she has heard the restaurant industry has a lot of flexibility in how it operates, she questions whether it is right for the restaurant not to pay her for a trial shift and to dismiss her without a reason. Can the manager dismiss Manuela without cause? On what basis? a) Yes. Cause is not required because Manuela is a part-time employee. b) No. It is never legal to dismiss an employee without cause or reason. c) Yes, as long as Manuela is given proper notice.
The answer is c. Yes, as long as Manuela is given proper notice. Functional Area: A1 Rationale(s): A is incorrect. Manuela could be dismissed without cause but not because she is a part-time employee. Full-time and part-time employees are protected with the same termination notice requirement under the ESA. B is incorrect. The law does allow dismissal without cause as long as proper notice (in accordance with ESA and common law) or pay in lieu of notice is given. C is correct. Employers are allowed to dismiss employees without cause as long as proper notice in accordance with ESA and common law is given. Reference(s): Employment Standards Act, 2000, S.O. 2000, c. 41, s. 54. Ontario Ministry of Labour: “What Young Workers Should Know”, Fact Sheets (https://www.labour.gov.on.ca/english/es/pubs/factsheets/fs_young.php#parttimeyw).
After a brief interview at a popular Toronto barbecue restaurant, Manuela is asked to work a 10-hour trial shift to get to know the rest of the staff and to learn how the restaurant operates. Manuela agrees, and at the end of the shift, the general manager offers her a part-time position. While Manuela is disappointed that she was not offered a full-time position, she is nevertheless happy to be offered a job. After she accepts the job, Manuela’s new manager informs her that she will start the following Monday, and that she will be paid every 2 weeks from the time she starts her first shift on Monday. The manager does not mention paying her for the 10-hour trial shift she has just finished and Manuela does not receive any pay for that shift on her first paycheque. About 4 months later, the manager tells Manuela she is being let go effective immediately. When Manuela asks why, the manager does not give her a reason and just provides her with her last paycheque for the hours she worked that pay period. Manuela feels she has been treated wrongly. Although she has heard the restaurant industry has a lot of flexibility in how it operates, she questions whether it is right for the restaurant not to pay her for a trial shift and to dismiss her without a reason. Manuela believes she was wrongfully dismissed and wants to make a claim. Why might Manuela be successful in her claim? a) She was not given a reason for her termination. b) She was not paid for her 10-hour trial shift. c) She was not given termination notice or pay in lieu of notice.
The answer is c. She was not given termination notice or pay in lieu of notice. Functional Area: A1 Rationale(s): A is incorrect. Employers are not required to provide reason for terminating an employment relationship as long as proper notice, if required, is given. B is incorrect. She has the right to collect her unpaid work, but that does not constitute a wrongful dismissal under the ESA. C is correct. Manuela was not given proper notice for her termination. She is entitled to 1-week termination notice or pay in lieu since she has worked for the restaurant for 4 months. Reference(s): Employment Standards Act, 2000, S.O. 2000, c. 41, ss. 54, 57.
After a brief interview at a popular Toronto barbecue restaurant, Manuela is asked to work a 10-hour trial shift to get to know the rest of the staff and to learn how the restaurant operates. Manuela agrees, and at the end of the shift, the general manager offers her a part-time position. While Manuela is disappointed that she was not offered a full-time position, she is nevertheless happy to be offered a job. After she accepts the job, Manuela’s new manager informs her that she will start the following Monday, and that she will be paid every 2 weeks from the time she starts her first shift on Monday. The manager does not mention paying her for the 10-hour trial shift she has just finished and Manuela does not receive any pay for that shift on her first paycheque. About 4 months later, the manager tells Manuela she is being let go effective immediately. When Manuela asks why, the manager does not give her a reason and just provides her with her last paycheque for the hours she worked that pay period. Manuela feels she has been treated wrongly. Although she has heard the restaurant industry has a lot of flexibility in how it operates, she questions whether it is right for the restaurant not to pay her for a trial shift and to dismiss her without a reason. While preparing her claim, Manuela notices that she never received vacation pay. What is her vacation pay entitlement? a) She is entitled to vacation pay only after working at the restaurant for 1 year. b) Restaurant employees are an exempt group and not entitled to statutory vacation pay. c) She is entitled to vacation pay, and the restaurant owes the pay.
The answer is c. She is entitled to vacation pay, and the restaurant owes the pay. Functional Area: A1 Rationale(s): A is incorrect. Employees earn vacation pay as they earn wages. B is incorrect. There is no such exemption in the ESA. C is correct. Manuela has earned her vacation pay, and it would be illegal for the restaurant to withhold it from her. Reference(s): Employment Standards Act, 2000, ss. 33, 35.2, 76. Filsinger, 2015, pp. 193-194.
