Question $18(1$ point$)$

Even an employer's off$-$duty conduct may provide just cause for termination in certain circumstances. Which one of the following is NOT one of those circumstances?

Question $18$ options:

the employee's off$-$duty conduct harmed the employer's business or reputation

the employee's off$-$duty conduct lead to a refusal, reluctance or inability of other employees to work with them

the employee's off$-$duty conduct took place in many different locations

the employee's off$-$duty conduct was a serious breach of the Criminal Code

the employee's off$-$duty conduct made it difficult for the employer to carry out its functions and$/$or manage its workforce

Question $19(1$ point$)$

Under Ontario's ESA, to be effective, a notice of termination must:

$($a$)$

$($b$)$

$($c$)$

$($d$)$

Question $19$ options:

be in writing

state the reason for the termination

be hand$-$delivered to the employee

all of the above

Question $20(1$ point$)$

Under Ontario's ESA, statutory severance pay includes credit for partial years, but termination notice $($or pay in lieu of notice$)$ does not.

Question $20$ options:

True

False

Question $21(1$ point$)$

The way an employee responds to an allegation of misconduct can be a critical factor in determining whether or not the employer has just cause to dismiss an employee.

Question $21$ options:

True

False

Question $22(1$ point$)$

Where an employment contract contains an enforceable notice of termination provision, the employer does not have an implied duty to provide "reasonable" notice of termination or pay in lieu of such notice under the common law.

Question $22$ options:

True

False

Question $23(1$ point$)$

There is no right of reinstatement for wrongful dismissal under the common law.

Question $23$ options:

True

False

Question $24(1$ point$)$

An employee who both retains recall rights and is entitled to statutory severance pay must choose to either keep the recall rights and not receive severance pay immediately or give up his or her recall rights.

Question $24$ options:

True

False

Question $25(1$ point$)$

Before the Honda Canada Inc. v Keays decision, a "Wallace$-$type" extension of the reasonable notice period was given where:

Question $25$ options:

the dismissed employee was lured away from another job

the manner of dismissal was unduly harsh or unfair

the dismissed employee was too old to find another job easily

the dismissed employee tried to mitigate his or her losses

Question $26(1$ point$)$

A dismissed employee's "duty to mitigate" applies under:

$($a$)$

$($b$)$

$($c$)$

$($d$)$

Question $26$ options:

the common law

the Employment Standards Act

both of the above

neither of the above

Question $27(1$ point$)$

The purpose of statutory termination notice or pay in lieu of notice is to:

$($a$)$

$($b$)$

$($c$)$

$($d$)$

Question $27$ options:

provide the employee with time to find a comparable job while still receiving income

recognize the employee's loss of benefits and seniority in the job

punish the employer for wrongfully dismissing the employee

all of the above

Question $28(1$ point$)$

The primary purpose of statutory severance pay is to provide the dismissed employee with income while searching for a comparable job.

Question $28$ options:

True

False

Question $29(1$ point$)$

An employer should not give working notice to an employee who is unable to use the notice period to look for a new job, such as an employee who is on sickness, pregnancy, or parental leave.

Question $29$ options:

True

False

Question $30(1$ point$)$

What is the minimum termination and severance payment required under Ontario's ESA for an employee who has worked for an employer for $13(1)/(2)$ years and who is terminated without cause? $($The employer has a payroll of $$4$ million.$)$

$($a$)$

$($b$)$

$($c$)$

$($d$)$

Question $30$ options:

$8$ weeks' notice or pay in lieu and $13(1)/(2)$ months' severance pay

$8$ weeks' notice or pay in lieu and $13(1)/(2)$ weeks' severance pay

$13$ weeks' notice or pay in lieu and $13(1)/(2)$ weeks' severance pay

$13(1)/(2)$ weeks' notice or pay in lieu and $13(1)/(2)$ weeks' severance pay