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