Please answer these question:

1. Asif is a recruiter at Yellow Bird Corp. and is responsible for drafting offer letters. Raj has recently been offered a promotion to manager with new compensation and greater accountability. Asif reviews Raj's original offer letter and believe it is obsolete. He decided to provide Raj with a new employment contract, as he would for a new hire. Can Asif replace Raj's original terms of employment, and on what basis? A. No, Asif can change only Raj's compensation related to the new job. B. Yes, Asif can change the terms of employment because the offer is for a new role with new accountabilities and new compensation. C. Yes. Asif can change the terms of employment at the discretion of the employer.

2. A unionized employee with 6 years of service working in Ontario is terminated for cause. What is most likely to occur with this employee because of the termination? A. The employee will grieve the termination through their union. B. The employee will file an unjust termination complaint with the MOL. C. The employer will provide pay in lieu of notice and severance pay and copy the union on the correspondence.

3. An organisation recently decided not to renew an employee's contract. The employee had worked for the employer on 1-year contracts, renewed each year, for 10 years. The contract provided for 2 weeks' notice of termination. The organization has asked the HR department to structure a termination package for the employee. What should HR advise? A. The organisation should follow the contract: 2 weeks' notice is sufficient to satisfy both statutory and common law entitlements. B. The organisation would be ruled to have evaded its obligations by resorting to a series of fixed term contracts and would be liable for punitive damages.

4. In the termination clause of an employment agreement, which of the following provisions would be contractually enforceable? A. A provision that excludes benefits continuation. B. A provision that states that regardless of how much the employee's position has changed, the termination period will remain the same. C. A provision that limits the employee's entitlements to what is prescribe under the ESA, 2000.

5. Which of the following is the most accurate regarding an employer's ability to amend an existing employment agreement? A. An employer may amend an employment agreement only if the employer is not changing a fundamental term or condition of the employee's employment. B. An employer may amend an existing employment agreement only if the employer provides the employee with adequate notice and/or consideration. C. An employer may amend a term of employment that is disadvantageous to an employee, with an offer of continued employment as consideration, as long as the amended term remains above the statutory minimum.

6. Whitney is an employee at Technical Review Corp. and is about to go on 2 weeks' vacation. She has asked the HR manager, Marge, if she can be paid her vacation pay before her vacation. What should Marge tell her? A. Whitney ca receive her vacation pay only on a regularly scheduled payday, as regularly accrued. B. Whitney can receive vacation pay only upon completing her vacation and returning to work. C. Whitney can receive her vacation pay in a lump sum prior to her vacation if she wishes.

7. Denis had worked in sales for 6 years when his employer asked him to sign a non-solicitation agreement. The employer raised this issue after another salesperson left to work for a competitor, taking several customers with her. Denis signed the agreement without seeking legal counsel. Is this agreement enforceable, and on what basis? A. Yes. Denis signed it voluntarily without being coerced by his employer. B. No. Denis did not receive something of value in exchange for his new obligation. C. No. Denis did not seek independent legal advice so he was not aware of his rights.

8. An employee began work at his new job with Happy Days Daycare on February 1, 2018. Under the ESA, 2000, by when must he have taken his 2 weeks' vacation time? A. Before January 1, 2019 B. Before February 1, 2019 C. Before December 1, 2019

9. Which of the following is an example of constructive dismissal? A. An employee is relocated to an office in another province because her current position will no longer exist. She is given 6 months' notice of the change. B. An employee is relocated to an office in another province without notice, but her job will continue to exist at the current location. C. An employee relocated to an office in another province after she requests a transfer.

10. Which of the following is a restrictive covenant that an employer could use to take action against a former employee who approached the employer's clients? A. Non-solicitation clause B. Non-disclosure clause C. Non-compete clause

11. What is the period in which a new employee can be terminated without notice if the employment contract stipulates a probationary period of 6 months? A. Less than 3 months B. Less than 6 months C. Less than 1 year.

12. An employee who is 6 months pregnant works in the mailroom at a bank, where she is required to lift packages weighing up to 5 kilograms. Until recently she had no problem, but her doctor has now provided her with a note stating that she is restricted from lifting anything weighing more than 1 kilogram until after her baby is born. The employer must either reassign the worker or modify her job duties where it is reasonably practical based on which applicable legislation? A. Canada Labour Code B. Employment Standards Act, 2000 C. Ontario Human Rights Code

13. Which of the following most accurately describes an employer's obligations for accommodating an employee with a disability? A. The employer must ensure that accommodation measures are individualized, respect the dignity of the employee, and do not directly or constructively discrimination against other employees. B. The employer must ensure that accommodation measures respect the dignity of the employee, meet individual needs, best promote integration and full participation, and ensure confidentiality. C. The employer must accept the employer's request for accommodation in good faith, obtain expert advice in exceptional circumstances, implement accommodation measures in a timely manner, and ensure confidentiality.

Scenario: 1 Joey is an accounting manager who has worked for an international charity for 1 year. He is a team lead, with 4 junior accountants reporting to him. Joey has been a reliable employee, but recently started to act unusually: Absent from work multiple days in a row without explanation, Started having interpersonal problems with staff who report to him, Publicly criticized what he perceived as a mistake by Gary, an accountant, shouting," if you aren't smart enough to do the job, I will have to do it myself." The charity's HR manager, Lyla, suspects Joey may have a mental health condition. She asks Joey privately if he has noticed any stress-induced mental health issues and whether he needs any accommodation in that regard. Joey is offended and vehemently denies having any type of mental health problem, saying, "if you think I'm mentally ill, you're the one who's sick in the head!" Questions 14-16 refers to scenario 1 14. Lyla decides to discipline Joey for his outburst at co-worker Gary. Before she proceeds with the discipline, Joey discloses to her that he does have a mental health concern. He has a doctor's note explaining that his condition causes him to sometimes be absent from work and at times he may have difficulty controlling his temper. Lyla must decide whether to discipline Joey for his outburst in light of this new information. Which of the following is most relevant to her decision? A. Whether outbursts in general are a known symptom of Joey's specific mental health condition. B. Whether Joey's outburst towards Gary was attributed to his mental health condition.

15. Before Lyla can decide what to do, Gary files a complaint of workplace harassment against Joey. Lyla thinks telling Joey about the complaint will increase his problematic behaviour. How can Lyla best ensure procedural fairness for Joey? A. Advise Joey of the complaint and tell him the investigation will be postponed until he is more stable. B. Advise Joey of the complaint but avoid providing details that may upset him. C. Advise Joey of the complaint, including all specific allegations.

16. Lyla wants to address Joey's absenteeism. In accordance with the principle of attendance management, what is the most appropriate approach? A. Accommodate the absenteeism since it is a result of Joey's disability. B. Issue a verbal warning and treat it as his first disciplinary incident. C. Process the missed days as leave without pay and deduct them from Joey's pay.

Scenario: 2 Greta runs a clothing boutique in rural Southern Ontario. Her customer base is primarily women over the age of 60. To encourage staff retention, Greta offers her employees a competitive hourly pay rate, commission, and a generous 100% employer-paid benefits package. Her sales associates are mostly young women who attend a local satellite campus of a college - including Marla, a third - year college student. Marla has been working for Greta for 3 years. Yesterday, a regular customer told Greta she had just seen Marla smoking cannabis with some friends in a park near the store. The customer told Greta, " young people nowadays are so unprofessional. Bosses didn't tolerate that type of behaviour when I was working." She said she would not be shopping at Greta's store again anytime soon. Greta checks the schedule and sees that Marla was off work on the day in question, but she is still very concerned about the impression of the store that Marla's actions may create. Greta wants to terminate Marla's employment immediately. She asks an external HR consultant, Edward, for advice.

Question 17-20 refers to Scenario 2 17. What should Edward tell Greta is the main concern about terminating Marla for just cause? A. Conduct that happens when an employee is off duty cannot constitute just cause for termination. B. Smoking cannabis is not a Criminal Code offence, so it does not constitute misconduct. C. One customer's opinion is insufficient to establish harm to the store's reputation.

18. Greta decides to meet with Marla before taking any further steps. At the meeting, Marla tells Greta that she smokes cannabis medicinally to help with her migraine headaches, and that she would like to ingest medicinal cannabis on her breaks at work if she feels a migraine coming on. Greta does not want to allow Marla to serve customers while under the influence of cannabis. Which of the following options for accommodating Marla's request will Edward be most likely to suggest to Greta? A. Accommodate Marla in her role as a sales associate. B. Accommodate Marla by providing her with an alternative position in the stock room.

19. Marla provides Greta with a doctor's note in support of her request to consume cannabis at work. The note states, " I have recommended that this patient use medicinal cannabis as needed" Greta tells Edward she wants more medical information about Marla's condition and how it is treated. What should Edward advise her? A. Greta is not entitled to further information related to Marla's condition. B. Greta is entitled to ask only for the diagnosis of Marla's condition. C. Greta is entitled to ask for Marla's limitations and treatment plan.

20. Marla is fed up with waiting for Greta to respond to her request to use cannabis at work and decides to resign, effective immediately. She tells Greta that she has one more prescription that she wants to submit under the store's benefits plan. Greta is unsure how long Marla's coverage under the benefits plan should last, but she wants to stop paying for Marla's benefits as soon as possible. What should Edward advise her? A. Greta can end Marla's benefits on the day she resigns. B. Greta can end Marla's benefits once the standard 2 week resignation period has elapsed. C. Greta can end Marla's benefits once her 3-week notice period has elapsed.