Question: 2 Scenario: 2 Please answer these.

Brown Manufacturing is a non-unionized manufacturing company in Ontario with 400 employees. The vice president of finance has advised that the company must reduce its staff because of financial difficulties. Considering seniority, business needs, and performance history, Marina is one of the employees to be terminated. - The company has an annual payroll of $11 million. - 9 employees must be terminated over the next 8 weeks. - Marina has worked for Brown Manufacturing for 4 ?? in middle management. Layoffs of management staff are uncommon in this industry; however, the employment contracts contain a standard clause stating that temporary layoffs may occur from time to time. Marina's contract also specifies that she is entitled solely and exclusively to the rights set out in the Employment Standards Act, 2000 upon termination of employment. Marina's manager, Lynne, has asked to meet with Beth, the staff HR professional overseeing the terminations.

Questions 1-3 refers to Scenario 2 1. Beth is preparing for her meeting with Lynne. What advice should Beth give to Lynne concerning Marina's entitlement to termination and severance pay? A. Marina is entitled to termination pay, but not severance pay, because she has not worked for the employer for 5 years. B. Marina is entitled to severance pay, but not termination pay, because she has not worked for the employer for 5 years. C. Marina is entitled to termination and severance pay because the company has an annual payroll of at least $2.5 million.

2. Before deciding to terminate the 9 employees, company executives discussed whether they should lay off or terminate the employees. Why would HR have advised against layoffs? A. The employment contacts indicate that temporary layoffs could occur but do not stipulate they are common in this industry. B. The employment contracts indicate that temporary layoffs could occur but do not stipulate they would be conducted in accordance with the ESA, 2000. C. The employment contracts indicate that temporary layoffs could occur but do not stipulate the notice period that would apply.

3. Marina's regular weekly pay is $800 base salary plus up to 50% of the base in sales incentives. What period preceding the date of the notice of termination should be used to calculate her weekly notice pay? A. 8 weeks B. 12 weeks C. 24 weeks

Scenario: 2 TYX Consulting is a professional consulting firm with over 300 employees in offices across Ontario. Tovah was hired as an administrative assistant at TYX Consulting on April 15, 2019. Her husband, Tim, also works at TYX Consulting as a management consultant. He was hired on February 1, 2023. Tovah and Tim are expecting a child; Tovah's due date is March 15, 2023. She informed her supervisor in late 2022 that she intends to commence her pregnancy leave on February 28, 2023, unless the child is born earlier. Around the time that Tovah had informed her manager of her pregnancy leave, she had also been interviewed for an executive assistant position with the company. She was informed shortly after her interview that she was the ideal candidate but was not selected because she was pregnant and that going on leave shortly after she started in the new position would negatively affect the business. Tovah was unsettled by this news and uncertain about whether her employer was legally justified in making this decision. Tovah has approached Tara, the head of HR, to discuss her impending leave and her concerns about being passed over for the executive assistant position.

Questions 4-9 refers Scenario 2 4. How much parental leave is Tovah entitled to? A. 35 weeks B. 52 weeks C. 61 weeks

5. Tovah tells Tara that she may not take parental leave herself. If Tovah gives birth on the due date, which of the following is true regarding Tovah's husband, Tim's eligibility for parental leave? A. Tim will be eligible for parental leave once he has been employed for 13 weeks. B. Tim will be eligible to start parental leave on the day his child is born. C. Tim is not eligible for parental leave because he will not have been employed for 13 weeks when his child is born.

6. Tovah is concerned that her position may no longer exist when she comes back to work. What should Tara tell Tovah about TYX Consulting's responsibility to her on her return? A. TYX Consulting may reinstate Tovah to a position with comparable or greater compensation. B. TYX Consulting must reinstate Tovah to a comparable position. C. TYX Consulting has no responsibility to reinstate Tovah if her position legitimately no longer exists.

7. The CEO of TYX Consulting asks Tara about the decision not to give Tovah the executive assistant position. He is concerned about legal action. What should Tara tell him about the decision not to offer Tovah the position? A. The decision may be subject to legal action if undue hardship cannot be demonstrated. B. The decision is justified because hiring Tovah would cause disruption to the business since she would be going on leave shortly after her promotion. C. The decision is justified if the employer commits to offering a comparable position upon Tovah's return from leave.

8. Tovah tells Tara that she would like to file a complaint about not getting the executive assistant position. Where should Tarta send Tovah? A. Ontario Ministry of Labour. B. Canadian Human Rights Tribunal C. Human Rights Tribunal of Ontario.

9. What is the prohibited ground of discrimination that Tovah should file her complaint under? A. Sex B. Pregnancy C. Family status

Scenario 3 Seamus works part-time in the maintenance department of a small municipality in Ontario providing outdoor maintenance services. He is 17 years old and works after school and on weekends. Recently, he was in a car accident and sustained injuries that temporarily make him physically unable to safely perform some of the tasks associated with his position. As a result, the municipality has been scheduling 2 other full-time staff members overtime hours to perform these tasks. The maintenance department is now over-budget for the year, and Seamus's boss, Malcolm, is looking for ways to cut costs. He is considering terminating Seamus and hiring a new employee to perform all of Seamus's tasks at a regular rate of pay, rather than paying overtime for some of the work. After Malcolm discusses the situation with a colleague, however, the colleague says, "You'd better be careful - terminating Seamus may violate his Charter rights." Malcolm contacts Theo, the municipality's HR advisor, to ask about this and other concerns.

Questions 10- 12 refers to scenario 3

10. Theo advises Malcolm that Seamus could file an application with the Human Rights Tribunal if he is terminated. What should Theo advise about the likely strength of such an application? A. Seamus would not have a strong case because the municipality already accommodated him by having other employees perform some of his duties. B. Seamus would not have a strong case because he is under the age of 18 and therefore not protected by the Ontario Human Rights Code. C. Seamus would not have a strong case unless he can prove his disability was a factor in the municipality's decision to terminate his employment.

11. Malcolm decides to consider different ways of accommodating Seamus and the impact each will have on his budget. What should Theo advise Malcolm is the most appropriate accommodation in this situation? A. Keep Seamus in his position and hire a part-time employee to perform the duties Seamus cannot safely perform. B. Move Seamus to an office job. C. Put Seamus on leave with pay until he has fully recovered from his accident.

12. Malcolm wants to consider possible ways to decrease the maintenance department's overtime costs. What should Theo advise him is an option for reducing or even eliminating overtime costs that still complies with the employment Standards Act, 200? A. Continue assigning the overtime work to full-time employees but enter into an averaging agreement with them. B. Continue assigning the overtime work to full-time employees but assign them a few supervisory tasks as well so they no longer qualify for overtime pay. C. Assign the overtime work to students because students are not entitled to overtime pay.

Scenario 4 Rosa has worked in the records management department of a private health clinic for 15 years. She reports to Oscar, who recently became department manager. The clinic learned that a completed application for medical services containing the personal and confidential information of a patient was mailed to the address of another patient. The clinic arranged for the original documents to be returned and confirmed with the recipient that no copies had been made. Oscar traced the mailing of the package back to Rosa. He called Rosa into his office and placed a warning letter in front of her, telling her to sign it. The letter indicated Rosa had breached the privacy policy by mailing a completed application for medical services to the wrong patient. Rosa denied mailing the package and refused to sign the letter. Oscar became angry, leaned over the desk, and in a loud voice ordered Rosa to sign the warning letter. The next day, Rosa did not come to work. She sent a doctor's note to Connie, the HR Manager, indicating she was on sick leave due to stress, and she complained that Oscar had bullied her. Connie attempted to remain in contact with Rosa to reassure her that when she returned to work, there would be no reproach from her manager with respect to her complaint about bullying in the workplace. However, Rosa rarely answered her telephone, and when she did, she was mostly uncommunicative. Rosa was very depressed about what had happened at work and felt she could not come back reporting to the same manager.

Questions 13-16 refer to Scenario 4 13. If Oscar had gone to Connie before his meeting with Rosa, what advice should Connie have given him in the event that Rosa refused to sign the warning letter, as she did? A. Oscar should request a written statement explaining the refusal. B. Oscar should send a copy of the letter to Rosa's home address by registered mail. C. Oscar should make a notation on the letter indicating the letter was delivered and Rosa refused to sign it.

14. How should Connie respond to Rosa's complaint about Oscar? A. Advise Oscar's supervisor of the complaint and have that person follow up with Oscar to provide training. B. Interview Rosa to document her complaints, then present her written statement to Oscar. C. Interview both Rosa and Oscar and document their responses to determine appropriate next steps.

15. How should Connie respond to Rosa's absence from work? A. Contact Rosa to discuss her returns to work options and timing. B. Facilitate a meeting between Rosa and Oscar to find a solution that is satisfactory for both parties. C. Change Rosa's reporting relationship to another manager so she does not have to work with Oscar.

16. After being off work for 5 weeks, Rosa submits another doctor's note indicating that due to depression and stress, Rosa will be returning to work in the near future and it is not possible to set a return to work date at this time. How should Connie respond to the situation? A. Terminate Rosa without cause because the employment relationship is legally frustrated. B. Maintain contact with Rosa throughout the medically supported sick leave period and work with her to create a return to work plan. C. Acknowledge receipt of the doctor's note and advise Rosa to contact HR when she is cleared to return to work.

Scenario: 5 Daniel works as a tow truck operator for 911 Roadside Services in Toronto. The company has grown rapidly and has about 100 employees who work in 8 different branches across Ontario. It uses an international bank for its business operations and orders its supplies (including its trucks) from several federally registered corporations across Canada. Daniel has enjoyed working at a growing company and has been there for 5 years and earns $23 per hour. However, a problem arose recently involving Daniel's use of scented products and a colleague's sensitivity to the scents. As a tow truck operator, Daniel normally works alone in his truck and responds to calls they come in. However, on Wednesday, he and the other operators attend the staff meetings and training sessions together at the main office. Daniel's supervisor, Domenic, sets up a meeting with Daniel. He explains that Daniel's co-worker Melaine approached him to ask for help about the issue of scent sensitivity. Domenic explains that Melaine often gets migraine headaches on Wednesday and has had to take off work. Domenic says Melaine suspects that Daniel is using a scented hygiene product that causes her to have an allergic reaction. Domenic asks Daniel to stop using any scented products while he is working. Daniel is surprised and irritated by Domenic's request. He explains that he is sympathetic to Melanie's medical issues but that doesn't understand why he is being blamed because he is not wearing cologne or any strong scents. He points out that there are many people at the meetings and that Melanie has no proof that the scents are coming from him and not someone else. He says he is in the office only one day a week and that he doesn't want to have buy all new soaps and deodorants. Domenic and Daniel decide to contact Emmanuelle in HR together to clarify the workplace policy around scents and to discuss the situation. Emmanuelle advices that there is a company policy on environmental sensitivities in the workplace. It states that employees are responsible for being aware of the impact of their scents on others and that eliminating allergens and irritants in common spaces is a shared responsibility among all employees. She explains that the policy has been posted on the bulletin board in the kitchen area and that once a year, it is emailed to all employees. Daniel also wants to know if he will be compensated for the extra time he took to meet with Domenic and the ensuing follow-up meetings. In total, Daniel worked 10 overtime hours over the course of 3 weeks. Daniel normally works 44 hours per week.

Question 17-20 refer to scenario 5

17. Domenic tells Emmanuelle that he wants to contact Melanie to ask what ingredients she is allergic to. Domenic also wants Daniel to make a list of all the hygiene products he uses so that Domenic can ask Melanie to review it. Emmanuelle wants to clarify who needs to take the next step and what they must do. Which of the following is true? A. It is Melanie's responsibility to provide her employer with a list of allergies or products that cause her reactions. B. It is Daniel's responsibility to wear only organic hygiene products at work. C. It is Daniel's responsibility to determine which product is causing the allergic reaction.

18. What should Emmanuelle advise about paying overtime for Daniel's extra hours? A. Daniel is owed $230 B. Daniel is owed $345 C. Daniel is owed $460

19. Daniel asks if he can request time off in lieu of overtime pay. What should Emmanuelle advise? A. Daniel must submit a form that asks for time off in lieu of pay within 1 month of working the overtime. B. Daniel's paid time off must be taken within 3 months of working the overtime or within 12 months if Domenic and Daniel agree in writing. C. Daniel must file a complaint to make the request because time off in lieu of pay is not a standard method of paying overtime in Ontario.

20. Daniel ultimately decides to take overtime pay, but after 3 months is unhappy that he still has not received it. He has threatened legal action, stating that he has looked into this and believes that he has a case. What should Emmanuelle advise senior management about this threat? A. 911 Roadside Services may need to prepare for legal action before a provincial court. B. 911 Roadside Services may need to prepare for legal action before a federal court. C. 911 Roadside Services will not be found liable if it can show that Daniel would receive overtime pay before a trial commences.