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

Question 1 options:

	True
	False

Question 2

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

Question 2 options:

	True
	False

Question 3

To establish just cause under the common law, an employer must prove, on a balance of probabilities, that the employee's misconduct was "wilful."

Question 3 options:

	True
	False

Question 4

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

Question 4 options:

	True
	False

Question 5

To determine what the termination notice or payment in lieu of notice period should be for an employee who is dismissed without just cause, the employer needs to look to which three areas?

(a)

(b)

(c)

(d)

Question 5 options:

	the employment contract, theHuman Rights Code, and the common law
	theEmployment Standards Act, the common law, and theCanadian Charter of Rights and Freedoms
	the employment contract, theEmployment Standards Act, and the common law
	theHuman Rights Code,theEmployment Standards Act, and the common law

Question 6

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 6 options:

	True
	False

Question 7

Joe's employment contract states that he may be temporarily laid off for a period of up to 12 months. This provision is void, as an employer cannot effectively "contract out" of the ESA by negotiating a term that allows for a temporary layoff period that is longer than that provided under the ESA.

Question 7 options:

	True
	False

Question 8

Which one of the following grounds is typically the most difficult for an employer to prove constitutes "just cause"?

Question 8 options:

	conflict of interest
	incompetence
	insubordination
	intoxication

Question 9

A court may find just cause for dismissal based on the fact that the employee lied or tried to conceal the misconduct, even where the misconduct itself was not serious enough to constitute just cause.

Question 9 options:

	True
	False

Question 10

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 10 options:

	True
	False

Question 11

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

(a)

(b)

(c)

(d)

Question 11 options:

	be in writing
	state the reason for the termination
	be hand-delivered to the employee
	all of the above

Question 12

Yesterday afternoon, just before she was leaving work for the day, Ivana's supervisor came up to her and the five other workers in her department to give them some bad news. The employer would be eliminating their department, and they would all be laid off in five to six months' time. None of the employees in the department has more than five years' service. Which of the following is true?

(a)

(b)(c)

(d)

Question 12 options:

	the supervisor's comments start the statutory notice period running because the employer has given the employees far more notice than is required under the ESA
	the statutory notice period has not started running yet because the exact date of termination is not clear
	the statutory notice period has not started running yet because the supervisor did not give the notice in writing
	both b and c

Question 13

An employee can eliminate the risk of being fired for just cause for inappropriate comments made in a social blog by writing anonymously and using aliases for the names of people referred in the organization.

Question 13 options:

	True
	False

Question 14

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?

Question 14 options:

	the employee's length of service and disciplinary record
	whether the misconduct was planned and deliberate or a momentary error in judgment
	the employer's size and financial health
	the nature of the employee's position

Question 15(1 point)

One of ABC Company's largest customers has just gone bankrupt, and it needs to downsize 10% of its workforce to remain in business. In this situation, ABC Company has just cause under the common law to dismiss the affected employees.

Question 15 options:

	True
	False

Question 16(1 point)

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?

Question 16 options:

	4 weeks
	5 weeks
	8 weeks
	12 weeks

Question 17(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 17 options:

	True
	False

Question 18(1 point)

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

Question 18 options:

	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 19(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 years and who is terminated without cause? (The employer has a payroll of $4 million.)

(a)

(b)

(c)

(d)

Question 19 options:

	8 weeks' notice or pay in lieu and 13 months' severance pay
	8 weeks' notice or pay in lieu and 13 weeks' severance pay
	13 weeks' notice or pay in lieu and 13 weeks' severance pay
	13 weeks' notice or pay in lieu and 13 weeks' severance pay

Question 20(1 point)

Before theHonda Canada Inc. v Keaysdecision, a "Wallace-type" extension of the reasonable notice period was given where:

Question 20 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 21(1 point)

Bertrand recently told his employer that he planned to retire within the next several months. If Bertrand's employer dismisses Bertrand shortly thereafter, his stated intention to retire is a relevant factor that a court may consider in assessing what constitutes reasonable notice of termination.

Question 21 options:

	True
	False

Question 22(1 point)

Under Ontario's ESA a permanent layoff is a deemed termination. This means that employees who are permanently laid off for economic reasons have the same statutory entitlements on termination as other terminated employees.

Question 22 options:

	True
	False

Question 23(1 point)

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

(a)

(b)

(c)

(d)

Question 23 options:

	the common law
	theEmployment Standards Act
	both of the above
	neither of the above

Question 24(1 point)

Under which of the following employment statutes is it possible for an employee to be reinstated?

(a)

(b)

(c)

(d)

Question 24 options:

	theEmployment Standards Act
	theHuman Rights Code
	theOccupational Health and Safety Act
	all of the above

Question 25(1 point)

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

(a)

(b)

(c)

(d)

Question 25 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 26(1 point)

The concept of constructive dismissal is recognized under both the common law and under Ontario's ESA.

Question 26 options:

	True
	False

Question 27(1 point)

Which of the following factors is NOT considered by a court in determining whether an employment contract has been frustrated in the case of prolonged employee illness?

Question 27 options:

	sick pay provisions in the employment contract
	the length of employment
	the age of the employee
	the nature of the illness

Question 28(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 28 options:

	True
	False

Question 29(1 point)

Even an employer'soff-dutyconduct may provide just cause for termination in certain circumstances. Which one of the following is NOT one of those circumstances?

Question 29 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 30(1 point)

Which one of the following was the landmark Supreme Court of Canada decision that established the need to take a contextual approach in determining whether a dismissal was for just cause?

(a)

(b)

(c)

(d)

Question 30 options:

	McKinley v BC Tel
	Weisenberger v Marsh Canada Limited
	Obeng v Canada Safeway Limited
	Henry v Foxco Ltd.