ANsAnswer these questions:

Answer these question:

Scenario 1 Brendon, a security guard at chief security industries (CSI) in Ontario, has been struggling with poor performance. The HR manager, Isaac, develop a performance improvement plan that Brendon reviewed and agreed to. Shortly after that, a coworker found Brendon sleeping at his workstation and reported this to each other. Isaac met with Brendon to discuss the incident and asked if there was anything going on for which Bredon required accommodation. Brendon responded that he did not have any need for accommodated duties and that he was simply tired. He mentioned that other employees have also fallen asleep on the job and that his supervisor was aware of it, which Isaac later confirms. Isaac decides to issue a final warning to Brendon. The next day, when Brendon is again found sleeping on the job, Isaac (in consultation with the supervisor) decides to terminate him without cause. At the time of his termination, Brendon had work at CSI for nine years and had one week of accrued vacation time from previous year that he had not yet used. He enjoyed a full rewards package, including health benefits, big time off (provided after one full year of employment), and a membership in an on-site gym. CSI's termination policy states that in addition to any severance payments required by applicable law, one week of additional severance pay per year of service will be paid if an employment agreement is terminated. CSI has a period of over $ 7 million per year. Questions 1-4 refers to Scenario 1

1. How many weeks of severance is Brendon entitled to receive? A. 8 weeks B. 9 weeks C. 18 weeks

2. How much vacation pay is Brendon entitled to receive? A. One week of learning plus 6% of year-to-date vacation eligible earnings (including the termination pay) B. one week of earning plus 4% of year-to-date vacation eligible earnings (including the termination pay) C. 6% of year-to-date vacation eligible earnings (not including the termination pay)

3. Does Isaac need to continue Brendon's health benefits after his termination date, and if so, for how long? A. No. Coverage ends on the termination date. B. Yes. Coverage must continue for eight weeks from the termination date. C. Yes. Coverage must continue until Brendon receives all severance and other monies owed to him.

4. What is the time frame within which CSI is legally required to pay any severance owing? A. CSI must pay the severance as a lump sum no later than 8 weeks from Brendon's termination date or with his next regular scheduled pay, whichever is later. B. CSI may pay the severance in installments over a minimum of three years from the termination date if Brendon agrees in writing, or if the director of the Ministry of Labour approves. C. CSI must pay the severance as a salary continuance until severance is fully paid or until Brendon secures another job, whichever occurs first.

Scenario 2 Bryce's Books is a family-owned business with 2 retail stores in Ottawa. Sales have been dropping steadily since the growth of online shopping and Bryce, the owner, has been forced to terminate several employees over the past 2 years. One store now has 4 full-time employees and the other has 3 full-time employees and 1 part-time employee. Bryce does not want to lose ant more staff because the remaining employees have all been with the company for many years. He decides, however, to temporarily lay off Angela and Hassan over the summer months when sales are slower. His intention is to rehire them in September when business tends to pick up. Angela has worked for Bryce is Books for 16 years. Her employment contract does not mention layoffs. Hassan has almost 5 years of service, and his employment contract sates that the employer can temporarily lay him off if business is slow. Bryce approaches Judy, an HR consultant in Ottawa, for advice. Question 5-8 refers to scenario 8

5. Bryce initially provides Hassan with 2 weeks' notice that he will be laid off on May 15. However, sales are so slow that he lays off Hassan a week earlier than anticipated, without notice. Bryce asks Judy whether this raises any obligations on his part. What should she advise? A. Bryce will be required to provide Hassan with pay in lieu of notice. B. Bryce has no further obligations because the initial notice he provided Hassan is sufficient. C. Bryce is not required to give notice of a temporary layoff.

6. During his layoff, Hassan is called into work from time to time. He works a total of 18 days over the months of May, June, and July but does not work at all in August. As Hassan's 20th week of layoff approaches, Bryce isn't sure if he wants to terminate Hassan or keep him on layoff. What should Judy advise? A. Regardless of whether his son is terminated he will be entitled to notice or pain Leo because he has been laid off for more than 13 weeks. B. Hudson can stay on layoff without triggering any entitlements because he has not been laid all for 13 consecutive weeks. C. If terminated, hasn't will be entitled to notice or paint you because (not visible)

7. although Hudson is eventually call back to work at the end of the September, three months later Bryce's Books goes out of business. Bryce asks Judy for help in determining the employees' entitlements upon termination. What is Hassan's entitlement to severance pay? A. Hassan is entitled to severance because he has more than five years of service as of the date of termination. B. Hassan is entitled to severance because the period of layoff does not count toward years of service, so Hassan has not met the five years threshold. C. Bryce's Books Not have an obligation to pay severance to its employees.

8. Two weeks after Hassan's termination, Bryce offers him 4 months of work to help sell off the remaining stock. What will Hassan's entitlement be to another termination notice or payment in lieu at the end of the 4 months? A. Hassan will be entitled to termination notice or pay because the work will extend beyond the 13-week period following the termination date. B. Hassan will not be entitled to termination notice or pay because the recall was issued within the 13-week period following the termination date. C. Hassan will not be entitled to termination notice or pay because he already received notice from the same employer within the same 12-month period. Scenario 3 PVCPlus is a PVC pipe manufacturing company with a $ 25 million annual payroll globally. It operates a small manufacturing plant in Cornwall ON, that has a $1 Million annual payroll. Mariah has worked at the Ontario location of PCPlus for 10 years as a supervisor. She has never signed an employment agreement. Each year, however, she signs a form stating that she has reviewed the company's cell phone use policy. That policy states that company provided devices must be used only for company business and that use it may be monitored. The policy states that if employees do not comply, they may be disciplined or even terminated. Recently, six of Mariah's direct reports complain to PVCPlus that Mariah "sits in her car all day" and takes person calls on her company provided cell phone. PVCPlus decides to investigate. It meets with Mariah, who denies using company cellphone for personal use. All 6 witnesses, however, confirm their accounts and provide detailed, specific example of Mariah using the company phone for personal calls during the work time. The IT department also reviews Mariah's cellphone records, which find her to be on the phone for excessive amounts of time that coincides with the accounts of Mariah's direct reports. Mariah has never been disciplined for breaching a company policy before. PVCPlus advises its HR professional, Sal, that it wants to terminate Mariah's employment. Questions 9-11 refers to Scenario 3

9. PVCPlus does not wait to hear Sal's advise about termination for cause and terminates Mariah immediately, but without cause. What should Sal advise PVCPlus about its obligation to continue Mariah's group insured benefits? A. Her benefits may be terminated on her last day of active employment.\ B. Her benefits must be continued for 8 weeks. C. Her benefits must be continued for 10 weeks.

10. What should Sal advise the company its approximate liability would be if Mariah brings a claim of wrongful dismissal before a court and wins? A. 8 weeks' pay B. 10 weeks' pay C. 10 months' pay

11. PVCPlus has Bonus policy that states, "In the comapany's sole discretion, a bonus may be payable to any employee employed on May 1 of each year." Mariah ha received the bonus every year of her employment. She was terminated on April 1 this year. What should Sal advise the company about Mariah's entitlement to a bonus this year? A. Mariah is not entitled to the bonus because it is discretionary. B. Mariah is not entitled to the bonus because she will not be employed on May 1. C. Mariah is entitled to the bonus because it becomes payable during her notice period

Scenario 4 Garima is an administrative assistant at Limestone Consulting in Kingston, Ontario. She suffers from seasonal affective disorder that makes her vulnerable to depression and anxiety, particularly in the fall. To accommodate her condition, Limestone Consulting has given Garima a private office with windows that allow for plenty of natural light. She is the only employee at her level with a private office, some of her co-workers think she is faking her condition to enjoy a better work environment. In November, the month most likely to trigger her disorder, Garima finds a note taped to her door that reads, " if you can't suck it up, go back to India." She takes the note to her manager, who tells her people are just jealous and she should ignore it. Limestone Consulting does not have an anti-harassment policy and does not conduct an investigation into the matter. Frustrated by her employer's lack of action, Garima threatens to file a harassment complaint under the Occupational Health and Safety Act. She also files an application with the Human Rights Tribunal alleging she has been subjected to discrimination based on both race and disability. Hector, the company's HR manager, has been asked to address Garima's concerns and find a suitable resolution.

Question 12-16 refers to Scenario 4

12. Hector speaks to Garima, who confirms the note was the only such incident. She has never been subject to any other derogatory acts or comments. What are Limestone Consulting's investigation obligations? A. The employer is required to investigate only if the allegations involve a prohibited ground under the Human Rights Code. B. The employer has a duty to investigate all complaints or incidents of harassment under the Occupational Health and Safety Act. C. An investigation is not required because the employer has already established it was a single incident not a repeated course of conduct.

13. One Garima's co-workers, Colleen, alleges to Hector that it was Shaun, the administrative assistant for Hector's HR team, who wrote the note, and that Shaun has also subjected Colleen to racial slurs. Colleen says she complained to management, but nothing happened. Hector does not believe that he should investigate these allegations personally. Why would Hector take that position? A. Because all harassment investigations must be conducted by an unbiased and trained external third party. B. Because Hector's proximity to the alleged harasser may call into question his ability to remain impartial.

14. Limestone Consulting's CEO is worried that if Shaun did harass Garima and Colleen, the company could be found vicariously liable under common law. What should Hector advise about the likelihood of this happening? A. It is unlikely because Shaun is not a manager or 'directing mind' of the company. B. It is unlikely because vicarious liability applies to systemic discrimination, not harassment. C. It is likely because the company failed to respond to the complaint or do anything to stop the behaviour.

15. As part of the investigation's recommendations, Hector is asked to create an anti-harassment policy for the company. Under the Occupational Health and Safety Act, what must he do once the policy is drafted? A. Provide a copy to every employee. B. Have the policy approved by the Health and Safety Committee. C. Review the written policy at least once a year.

16. Several weeks after the conclusion of the investigation, Garima asks to be transferred to the company's satellite office in Port Hope, which she believes will be better able to accommodate ability. Hector suspects Garima just wants a fresh start in a new environment. There is currently no vacant position in Port Hope. How should hector respond to Garima's request? A. Inform her that an immediate transfer would cause undue hardship, but data transfer in the future may be possible if a suitable vacancy arises. B. Inform her that she already has an accommodation agreement in place an additional medical documentation would be required to support the need for a transfer. C. Inform her that the employer has already met its legal obligations with respect to ------ and that a transfer will not be accommodated.

Scenario 5 Call-a-Pro is a 24 hours per day, 7 days per week customer call centre. All employees have written employment contracts. The contract includes a statement requiring employees to abide by the company's written policies, which are attached to the contract in the form of a policy manual. The contract includes the requirement to work rotating day and/or night shifts. - Employees on day shift are required to work at head office. - Employees on right shift have the choice to work from home with employer-supplied equipment (headset and laptop, which includes a camera and voice-enabled technology to interact with customers.) - A written policy states that equipment provided by the employer is for work use only and that employees should have a limited expectation of privacy when using company equipment. - Employees who choose to work from home during the night shift are required to keep their cameras on for the entire shift, even when they are not answering customer calls. Giorgio, a night supervisor, told Britt, Call-a-Pro's HR generalist, that he can no longer work as a night supervisor because the stress is causing him anxiety and depression. He asked Britt to move him to a day shift. Daveen, the day shift supervisor, has temporarily takes over some of Giorgio's supervisory night shifts. Daveen discovers that several employees on night shift do not have their cameras on. She tells the employees; they must comply with the 'camera on' rule. The employees say Giorgio told them he thought the rule was ridiculous, they never had to have their cameras on. The next night, Kevin, an employee, informs Daveen that his company laptop was damaged because it fell out of bag (he said the zipper broke) on the way home. When looking at the laptop records, Daveen discovered Kevin was accessing his personal email outside of working hours using the company laptop.

17. What is the status of Call-a-Pro's written policies with respect to enforceability? A. They are legally enforceable as ancillary documents to the employment contract. B. They act as standalone documents and are not legally enforceable in relation to the employment contract. C. They are legally enforceable only if the employer can prove that the written policies are reasonable.

18. What is the likelihood of disciplinary action, up to and including dismissal, being upheld against the employees who did not have their cameras on? A. It is unlikely that disciplinary action will be upheld because the primary supervisor condoned the lack of compliance with the camera rule. B. It is likely that disciplinary action will be upheld because the employees are in breach of a written company's policy. C. It is likely that disciplinary action will be upheld because the camera rule is a statutory privacy breach.

19. Day shift supervisor Daveen asks Britt in HR to deduct the cost of replacing the broken laptop and bag from employee Kevin's pay in equal deductions over the next 8 pay periods. How should Britt proceed? A. Inform Daveen that the employee is not at fault and no deductions will be made. B. Contact the employee to receive written authorization to process the pay deductions. C. Process the pay deductions because the employee's work-related actions were negligent.

20. Daveen asks Britt if there is enough evidence to support a just cause termination of Kevin's employment because of his personal use of company equipment. What should Britt tell Daveen? A. Kevin knew the company had a policy of not allowing personal use of company equipment. Termination for cause is warranted. B. Kevin's personal use of company equipment was not a severe enough infraction. Termination for cause is warranted. C. Kevin was not using the computer to send personal emails on company time. Termination for cause is warranted.

Scenario 6 At Centre County hospital, a harassment investigation was completed by a lawyer hired as an independent third-party investigator. It's part of the process, the investigator's final report was provided to Keyana, the HR director. The investigation was triggered by written complaint from Bev, a nurse, against Cal, the nursing team lead. Bev and Cal work on the same hospital floor. Bev Has more years of service and is 10 years older than Cal. As a team lead, Cal is responsible for coordinating nursing schedules, supplies, and resources so that all nurses on the team can complete their duties as assigned. Bev's Complaint included allegation of bullying by Cal, including verbal threats, outburst of anger, and Attempt to intimidation The investigator found the harassment did occur. Keyana meets with Bev and Cal separately to report this result. Question 21- 24 refers to Scenario 6

21. At Keyana's meeting with Cal, he reveals a history of anxiety. As a result of this, Keyana would like to ask Cal to complete a psychiatric evaluation before she imposes disciplinary action on him. Which of the following must Keyana relay on to make this request? A. The results of the investigation report that gave rise to the findings based on a balance of probabilities. B. The formal and informal disciplinary records that may be relevant in the employee file.

22. Cal asks Keyana to discuss the entire investigation because it was completed by someone who was not licensed as a private investigator. How should Keyana respond? A. There is not legislative requirement for the person conducting the investigation to have a licence. B. The report is privileged because the third-party investigator was a lawyer. C. The report should have been completed by an internal trained HR professional.

23. Which of the following supervisory actions should the investigator examine when the allegations of harassment against Cal? A. The level of Cal's compliance with his job description. B. The degree to which Cal performed his supervisory duties in a reasonable manner. C. The amount of supervisory documentation that Cal recorded.

24. In addition to meeting with Bev and Cal to inform each of them of the findings, which of the following obligations must Keyana fulfil? A. She must provide the results of the investigation in writing to each party. B. She must provide the results of the investigation to each party's legal representative. C. She must provide the full investigation report to each party.