Question 12

Generally speaking, an employer's obligation to provide reasonable notice of termination to a non-unionized employee is:

Group of answer choices

an express term of the employment contract

an implied term of the employment contract

an ancillary term of the employment contract

a contingent term of the employment contract

Question 13

What is the name of the contract terms that are found in such things as employee handbooks, HR policy manuals, retirement plans, and benefits handbooks

Group of answer choices

contingent terms

ancillary terms

implied terms

express terms

Question 14

Applications under Ontario'sHuman Rights Codeare made to which one of the following bodies?

Group of answer choices

the Ontario Labour Relations Board

the Ontario Human Rights Commission

the Ministry of Labour

the Ontario Human Rights Tribunal

Question 15

. Firing an employee for filing a human rights complaint is called:

Group of answer choices

adverse impact discrimination

systemic discrimination

a reprisal

constructive discrimination

Question 16

InJohnstone v Canada, the Federal Court of Appeal laid out several elements that a complainant must prove to establish aprima faciecase of discrimination based on an employer's failure to accommodate his or her employee's childcare obligations. Which one of the following is NOT one of those elements?

Group of answer choices

the workplace interferes with the fulfillment of the employee's legal childcare obligations

the child is under the complainant's care and supervision

the complainant has already made reasonable efforts to meet his or her childcare obligations

the complainant's childcare obligations include attending extracurricular activities that a parent would reasonably be expected to attend

Question 17

Under theAccessibility for Ontarians with Disabilities Act,2005, the one workplace standard that came into effect in 2012 for all employers, regardless of size, relates to:

Group of answer choices

recruitment, assessment, and selection

performance management

accessible formats and communication supports

workplace emergency response information

Question 18

Which one of the following is an example of ableism:

Group of answer choices

John, who uses a wheelchair, is unable to attend a training session held on the second floor because there is no elevator at his workplace

Nick's employer allows him to work a flexible work schedule for health-related reasons

Linda's employer bundles together job duties currently being performed by other employees to create a job that Linda is physically capable of performing

Carla's employer modifies her duties to accommodate her physical disability

Question 19

Ontario'sPay Equity Actapplies to all provincially regulated private sector employers that have:

Group of answer choices

100 or more employees

20 or more employees

50 or more employees

10 or more employees

Question 20

The Federal Contractors Program applies to:

Group of answer choices

companies with at least 100 employees who bid on federal contracts worth at least $1,000,000

companies with at least 50 employees who bid on federal contracts worth $100,000 or more

companies with at least 100 employees who bid on federal contracts worth $100,000 or more

companies with at least 200 employees who bid on federal contracts worth at least $1,200,000

Question 21

Generally speaking, under Ontario'sPay Equity Act, a job class is considered "female-dominated" when:

Group of answer choices

70% of the incumbents are female

none of these

50% of the incumbents are female

60% of the incumbents are female

Question 22

Under Ontario'sPay Equity Act, an employer that has three bargaining units, as well as non-union employees, in its establishment is allowed to have:

Group of answer choices

none of these

four pay equity plans

three pay equity plans

two pay equity plans

Question 23

Under Ontario'sPay Equity Act, there is a cap on the amount of pay equity adjustments that a Part II private sector employer who prepared a pay equity plan has to make each year. This cap is equal to:

Group of answer choices

5% of the employer's annual payroll

3% of the employer's annual payroll

2% of the employer's annual payroll

1% of the employer's annual payroll

Question 24

Under Ontario's ESA, an employee is entitled to receive three weeks' vacation time after:

Group of answer choices

10 years of service

15 years of service

5 years of service

none of these

Question 25

Which one of the following days is NOT one of the nine public holidays set out in Ontario's ESA?

Group of answer choices

Canada Day

Boxing Day

Labour Day

Remembrance Day

Question 26

To qualify for pregnancy leave under Ontario's ESA, a pregnant employee must have:

Group of answer choices

been hired at least 13 weeks before the expected due date

worked at least 13 weeks before the expected due date

been hired at least 17 weeks before the expected due date

worked at least 17 weeks before the expected due date

Question 27

Ontario's family responsibility leave provisions entitle employees to up to ____ unpaid days of leave per calendar year because of an illness, injury, medical emergency, or urgent matter relating to certain relatives:

Group of answer choices

seven

ten

five

three

Question 28

Which of the following types of employees are NOT covered byanyof the provisions of Ontario's ESA?

Group of answer choices

police officers

students under 18

professionals

high school or college students performing work in a work-experience program

Question 29

Generally speaking, the requirements of the federalPersonal Information Protection and Electronic Documents Act(PIPEDA) do NOT apply to personal information held by provincially regulated employers in Ontario that relates to their:

Group of answer choices

customers

employees

employees

independent contractors

Question 30

InCentre for Addiction and Mental Health v Ontario Public Service Employees Union, the employer decided to conduct surveillance on one of its employees because it wanted to investigate a report that he was working elsewhere while on paid suspension. Upon his return from suspension, the employee claimed that an aversion to water prevented him from performing alternative work in the kitchen (i.e., washing dishes) that the employer offered to him. However, during the video surveillance he had been captured on tape watering his lawn. In the grievance arbitration related to his subsequent dismissal, the arbitrator decided that the videotaped evidence showing him watering his lawn:

Group of answer choices

was inadmissible because the initial reason for the surveillance was different from the ultimate reason for dismissal

was admissible because the video surveillance occurred in a public location where he had little expectation of privacy

was inadmissible because the initial reason for the surveillance was not reasonable

was admissible because it was relevant to the issue of his claimed aversion to water

Question 31

Which of the following employer actions may constitute constructive dismissal for non-union employees?

Group of answer choices

temporary layoffs

probation

All of these

suspension without pay

Question 32

Condonation refers to a situation where:

Group of answer choices

an employer is aware of misconduct but takes no disciplinary action within a reasonable time

the employment contract no longer reflects the employment relationship

the termination clause in the employment contract is unenforceable

the employment contract is ambiguous and therefore will be interpreted against the employer

Question 33

The practice of progressive discipline first arose:

Group of answer choices

in the public sector

in unionized workplaces

in non-unionized workplaces

none of these

Question 34

Vicarious liability refers to a situation where:

Group of answer choices

the employer serves alcohol at company-sponsored events

the employer is held legally responsible for the actions of its employees

the onus is on the employer to prove that it was not negligent

none of these

Question 35

InKelly v Linamar Corporation, an employee was dismissed for cause for being charged with, and admitting to, possessing child pornography on his home computer. In that case, the court found that:

Group of answer choices

the employer had just cause in these circumstances in light of its prominence within the local community and the employee's position

the employer did not have just cause because the misconduct occurred entirely on the employee's own time and equipment

the employer did not have just cause to dismiss the employee until he had been convicted of the offence

the employer had just cause because no employer can be expected to continue to employ someone who is involved in activities that offend societal norms in relation to children

Question 36

To establish that it had just cause to dismiss an employee, an employer must show both that the alleged misconduct took place and that the nature or degree of misconduct warranted dismissal, keeping in mind all relevant circumstances. Which one of the following is NOT one of the factors that courts normally consider?

Group of answer choices

the nature of the employee's position

whether the misconduct was planned and deliberate or a momentary error in judgment

the employer's size and financial health

the employee's length of service and disciplinary record

Question 37

In a legal dispute concerning whether or not an employer had just cause to dismiss an employee:

Group of answer choices

the onus is on the employer to show, on a balance of probabilities, that it had just cause

the onus is on the employee to show, on a balance of probabilities, that the employer did not have just cause

the onus is on the employer to show, beyond a reasonable doubt, that it had just cause

the onus is on the employee to show, beyond a reasonable doubt, that the employer did not have just cause

Question 38

Which of the following legal concepts do the courts apply in determining whether an employer had just cause to terminate an employee?

Group of answer choices

proportionality

none of these

near cause

ballpark damages

Question 39

Under Ontario's ESA,what is the minimum statutory termination notice or pay in lieu of notice required for an employee who has worked for an employer for 4 years and who is permanently laid off at the same time as 49 other employees?

Group of answer choices

the employee is off for no more than 13 weeks in any period of 20 consecutive weeks

the employee is represented by a union

All of these

the employee is off for no more than 35 weeks in any 52-week period

Question 40

Under Ontario's ESA,what is the minimum statutory termination notice or pay in lieu of notice required for an employee who has worked for an employer for 4 years and who is permanently laid off at the same time as 49 other employees?

Group of answer choices

6 weeks

4 weeks

8 weeks

12 weeks

Question 41

Under Ontario's ESA, a layoff will be considered temporary where:

Group of answer choices

the employee is off for no more than 13 weeks in any period of 20 consecutive weeks

the employee is represented by a union

the employee is off for no more than 35 weeks in any 52-week period

All of these

Question 42

An employee who decides to begin a court action for wrongful dismissal after filing a claim under the ESAmust withdraw the statutory claim within:

Group of answer choices

3 week of filing the claim

two week of filing the claim

6 week of filing the claim

one week of filing the claim

Question 43

Under Ontario's ESA,what is the amount of individual termination notice or pay in lieu of notice required for an employee with 7 years' service?

Group of answer choices

8 weeks

7 weeks

7 months

7 weeks

Question 44

Unpaid internships are only allowed under Ontario's ESA where students perform work under an approved program by a secondary school, college, or university.

Group of answer choices

True

False

Question 45

Subject to certain exceptions, currently the equal pay for equal work provisions of Ontario's ESA prohibit pay differences based on two grounds: gender and employment status.

Group of answer choices

True

False

Question 46

Natasha's shift is cancelled 3 hours before it is to begin due to a power failure. In this situation Natasha is entitled to three hours pay at her regular rate.

Group of answer choices

True

False

Question 47

Mischa, who works in Mississauga, is soon going to take parental leave. Assuming he qualifies for Employment Insurance benefits, he has two basic choices: subject to a legislated benefits ceiling, he may choose to receive either (i) the standard parental benefit (35 weeks of benefits for up to 12 months) at a rate of 55% of his average weekly earnings OR (ii) the extended parental benefit (61 weeks of benefits over 18 months) at 33% of his average weekly earnings.

Group of answer choices

True

False

Question 48

Noelle needs to take three days off due to a medical condition. Under Ontario's ESA her employer cannot require her to provide a doctor's note to support this leave.

Group of answer choices

True

False

Question 49

Employees with at least six months of service can take up to 104 weeks of unpaid leave following the death of a child or on the crime-related disappearance of a child.

Group of answer choices

True

False

Question 50

Cornell is a temporary help agency employee whose 6-month assignment is ending unexpectedly after only 2 months. The agency who employs him has no other assignment for him at the moment. Under Ontario's ESA, in this situation the temporary agency must provide Cornell with at least 2 weeks' notice or pay in lieu of notice of the early end of his assignment.

Group of answer choices

True

False