Question 1 Generally speaking, which of the following employers must provide up to 3 days per

calendar year of sick leave and up to 3 days per calendar year of family responsibility

leave under the ESA?

1. all Ontario employers as there is no minimum employee requirement.
2. employers who regularly employ 10 or more employees.
3. employers who regularly employ 99 or more employees.
4. employers who regularly employ 5 or more employees.

Question 2

Which of the following is not necessarily required to form a binding contract?

1. consideration

2. a signature

3. an offer

4. acceptance

Question 3

Which of the following is NOT true about the ESA:

1. It sets out an employee's minimum entitlements.

2. Unionized employees are covered by the ESA.

3. it only applies to workplaces that are provincially regulated.

4. It has minimum provisions which can be reduced or increased by entering into a written contract with employees.

Question 4

The Federal Contractors Program (FCP) ensures that contractors who do business

with the Government of Canada achieve and maintain a workforce that is

representative of the Canadian workforce, including members of the four designated

groups under the Employment Equity Act.

True

False

Question 5

Frank is terminated after working for Toto's Manufacturing Inc. for 9 years and 3

months. Under the ESA, how much termination pay is Frank entitled to upon his

termination?

1. 9.5 weeks

2. 8weeks

3. 9.5 months

4. none of the above

Question 6

During a statutory leave under the ESA an employee has which of the following

rights?

1. to be paid.

2.to continue to participate in the benefit plan.

3. to work part-time as requested.

4. none of the above.

Question 7

Which of the following is not one of the Bardal Factors affecting the length of

common law notice to which an employee would be entitled upon termination of

employment?

1. Age

2.Length of Service

3.Position of the Employee

4.All of the above are Bardal Factors

Question 8

Which of the following is not a protected ground under the Ontario Human Rights

Code:

1.Family Status

2.Creed

3.Body image

4.Disability

Question 9

As a general rule, reasonable notice of termination under the common law is usually:

1.Not required provided the ESA has been complied with.

2.Irrelevant to the issue of termination in a modern employment law setting.

3.Longer than the notice period prescribed by the ESA.

4.Shorter than the notice period prescribed by the ESA.

Question 10

All salaried employees in Ontario are exempt from overtime:

True

False

Question 11

Constructive dismissal occurs when:

1.The employer unilaterally alters a fundamental term of the employment contract.

2.The employer allows the employee to commence work prior to signing an employment contract.

3.The employee resigns without giving notice of resignation.

4.None of the above.

Question 12

Under the ESA, an employee who has more than 5 years service is entitled to

severance pay on termination if the employer has a payroll of at least:

1. 2.5 million dollars in Canada

2. Payroll is irrelevant because under the ESA employees are not entitled to severance pay until they have completed 10 years of service with the employer.

3. 2.5 million dollars in Ontario

4. 2 million dollars in Ontario

Question 13

With respect to employment contracts, the term "obsolescence" refers to a contract

that:

1. prevents a former employee from competing with their former employer within a reasonable time period and geographical distance

2.does not contain consideration

3.no longer reflects the realities of employment relationship

4.fails to meet the minimum requirements of the ESA

Question 14

Which of the following is not one of the four designated groups under the federal

Employment Equity Act:

1.Persons over the age of 65

2. Women

3. Aboriginal People

4. Persons with a disabilitv

Question 15

Terrence started working for his employer on April 1st, 2017. Under the Employment

Standards Agt, 2000, when does the employer have to schedule Terrence's vacation

1.February 1, 2019

2.April 1, 2019

3.April 1, 2018

4.February 1, 2018

Question 16

Mandy worked at ABC Company for 3 years and 4 months. Her employment was

recently terminated. How much severance pay will she be entitled to under the ESA?

1. 3.25 weeks
2. 3 weeks
3. Mandy is not entitled to severance pay.
4. 4 weeks

Question 17

The Employment Standards Act, 2000 applies only to non-unionized employees and

the Labour Relations Act applies only to unionized employees.

True

False

Question 18

Gail is upset that she lost her job. She received pay in lieu of notice that meets her

common law and ESA requirements. Her friend Maria insists that Gail should have

received a reason from her emplover for the termination. Maria insists that Gail

should sue. Her other friend Angela says that "be lucky you received anything! They

could have just walked you out the door because of "at-will" employment.

Who is correct?

1. Maria
2. Angela
3. Both
4. Neither

Question 19

Angelo earns $22 per hour. He worked 48 hours last week and will be working 42

hours this week. Under the ESA, how much should he be paid for overtime?

1. $132
2. $33
3. $0
4. $330

Question 20

Assuming one of the protected grounds under the Ontario Human Rights Code is a

factor in the action taken, which of the following is not an example of discrimination?

1. Denial of a promotion.

2. Assignment to less desirable duties.

3. Disproportionate blame for workplace incidents.

4. The above are all examples of discrimination.

Question 21

If a fixed term contract expires and the employee is asked to continue working but

no new contract is signed:

1. the employment contract becomes an indefinite term contract.

2. the employee is deemed to be an employee "at will" and can be terminated without notice at any time.

3. The court will deem the employee to have been terminated and award termination pay.

4. none of the above.

Question 22

If a term of a contract that was drafted by the employer has multiple interpretations,

a court will interpret the term of the contract:

1. in the manner that is most fair to both parties
2. Against the employer because the employer is responsible for the ambiguity
3. The court will re-write the term in the manner that it deems appropriate
4. The way the employer would interpret it because the employer was the one that knew what the term meant when the contract was drafted

Question 23

Under the ESA, the birth mother is entitled to how many weeks parental leave

(assuming she took pregnancy leave)?

1. 61

2. 52

3. 13

4. 17

Question 24

Which of the following employers is covered by federal rather than provincial

employment legislation?

1. Air Canada
2. the Bank of Nova Scotia
3. Canada Post
4. all of the above

Question 25

Which of the following facts does not tend to indicate that a person is an

independent contractor?

1. The person regularly reports in to a supervisor who monitors what the person Is doing.
2. The person supplies his/her own van for deliveries.
3. The person works for more than one company.
4. The person earns more money if they work faster and complete more jobs.