1. Which of the following is an obligation that an employee has to the employer?
   1. Be honest and courteous.
   2. Possess the skills stated by the employee at their hiring interview.
   3. Carry out duties in competent manner.
   4. Carry out all orders so long that can be done with reasonable safety to employee, customers or other employees.
   5. All of the above.
   6. A, B and C.

2. Which of the following are important to employers when considering whether their staff should be considered as employees rather than independent contractors:
   1. Income tax considerations;
   2. Canada Pension Plan considerations;
   3. Employment insurance considerations;
   4. Employment Standards considerations;
   5. Workers Compensation considerations;
   6. All of the above;
   7. Only A, B and C.

3. Lawrence was the successful applicant for promotion to a senior management level job. Before beginning in the position, Lawrence has consulted you, the senior Human Resources Manager, to understand his new obligations to the business. Which of the following is true?
   1. Lawrence must avoid acting in any manner that favours his private interests above those of the business.
   2. As a senior manager, Lawrence is still required to attend the workplace on a regular and punctual basis.
   3. If Lawrence resigns his position and is not in a fiduciary position, he can immediately take a position with a competitor and contact all of his former clients and solicit their business for the new business he has joined so long as he doesn’t use any contact information or data taken from his old employer and only relies on his memory to do so.
   4. Lawrence is required to treat subordinate employees with courtesy and respect.
   5. Lawrence owes the employer a fiduciary duty, i.e., a duty to serve the employer's interests above his own, and for senior executives or managers that obligation may continue for a period of time even after they are no longer employed in the business.
   6. All of the above.
   7. A, C and E.

4. Which one of the following is not an employer’s legal obligation to an employee?
   1. To provide a reasonably safe work place.
   2. To provide training to carry out new processes for the job.
   3. To provide work and direction to the employee.
   4. To pay wages.
   5. To provide a retirement savings or pension plan.
   6. To pay for reasonable expenses incurred by the employee.
   7. All of the above.

5. Which of the following would not allow the employer to dismiss the employee without giving rise to an obligation to pay severance pay?
   1. The employee is asked to leave because, after repeated warnings, he continues to come to work late as a result of “oversleeping” as the employee also works at another job several evenings per week.
   2. The employee is asked to leave because he has repeatedly refused to do a reasonable but unpleasant task that is part of his employment, and in doing so has insisted that a more junior employee should be told to do it.
   3. The employee is asked to leave because a downturn in the economy has resulted in no work for him to do.
   4. None of the above.
   5. A and B.

6. Which one of the following is just cause for dismissal?
   1. Habitual negligence or incompetence.
   2. Consistent tardiness.
   3. Serious absenteeism.
   4. Refusal to follow orders to carry out assigned duties using an outdated and inefficient method.
   5. Open disobedience.
   6. All of the above.

7. Which of the following statements is false with respect to the employee’s common law obligation to give the employer notice upon quitting?
   1. The employee is not obligated to give notice to the employer and can leave the job immediately if working conditions are not as pleasant as the employee had anticipated and the employer refuses to implement simple and inexpensive changes to make working conditions more pleasant.
   2. The employee can leave immediately and without notice if he has a better job to go to.
   3. The employee can refuse to give notice and leave immediately if the employer involves the employee in illegal activities.
   4. An employee is obligated to give the employer notice where the employer gives the employee unreasonable and dangerous orders.
   5. C and D.
   6. A and B.
   7. A, B and D

8. Which of the following statements is false with respect to remedies for wrongful dismissal?
   1. If the employee gets another job within the period of notice he should have received, that will affect the amount of damages/severance pay he will receive.
   2. The court will issue an injunction to prevent the employer from hiring someone else to take the employee's place.
   3. The damages that are payable to the employee are calculated on the basis of what the employee would have received had he been given reasonable notice whether he gets another job or not.
   4. It is up to the employee to determine the amount of notice he should have been given.
   5. The court will usually order the employer to take the employee back.
   6. B, C, D and E.

9. Eleanor Rigby has worked as the Executive Director of a health services agency for six years. More recently, the agency has also been providing early childhood health and risk assessments. Accordingly, six months earlier the agency hired Linda McCartney to carry out home visits and provide liaison services for families dealing with the agency. Linda was with her sister shopping on the weekend when her sister became involved in a very loud and unpleasant argument with the agency’s Chief Financial Officer about who was entitled to some items that were on a “sale table”. The Chief Financial Officer has insisted that Linda apologize to her for her sister’s rude conduct. Based on the above facts, identify the false statement.
   1. The Agency’s Executive Director can insist that Linda meet with the Chief Financial Officer in a meditation to resolve this matter and if Linda refuses she can be terminated “for cause”.
   2. Linda is only required to participate in such a meeting if her sister was “wrong” in acting in such a way.
   3. The Executive Director could discipline Linda for refusing to participate in a mediation regardless of who was “at fault” for the incident between the Chief Financial Officer and Linda’s sister.
   4. To “keep the peace”, the Executive Director may fire Linda if she refuses to participate in the mediation, so long as reasonable severance pay is also provided.
   5. All of the above.
   6. A, B and C.

10. Vanessa had been a waitress at Joe’s Good Eats for seven years. There had always been differences between Vanessa and Joe because they had radically different views on politics, religion, and sports, but he had always overlooked these differences because he liked her and she was a good waitress. However, one busy day with the restaurant full of customers, he began ranting about city politics. Vanessa whispered, “Please, Joe, you know I don't agree.” It ended with Joe yelling, “I’ve had it with your radical ideas. Get out!” So Vanessa left. The employees at Joe’s were not unionized. If Vanessa sought severance pay through the Employment Standards Branch, she will be entitled an amount equivalent to which of the following?
    1. The amount of pay received in one pay period, e.g., one month if paid monthly.
    2. Her regular pay until she finds another job.
    3. Nothing.
    4. The amount that would have been paid during a reasonable notice period less any amounts received from other employment.
    5. Seven weeks pay.

11. In a place of employment that is not unionized and in the absence of specific provisions in the employment contract concerning termination of employment, which of the following would not be within the rights of the employer and therefore allow a “wrongful dismissal” claim for severance pay?
    1. An employee is dismissed because there is no more work to do and is given neither notice nor pay in lieu of notice.
    2. An employee is dismissed without severance pay for a single instance of incompetence and was not first given notice about his incompetence and an opportunity to improve.
    3. An employee is dismissed because he refused to do a job to which he had just been demoted, and he was given reasonable severance pay in lieu of notice.
    4. An employee is dismissed because he was found stealing goods from his employer on several occasions, and he was given neither notice nor pay in lieu of notice.
    5. An employee is dismissed because his employer doesn't like his attitude, and he is given reasonable severance pay in lieu of notice.
    6. C, D and E.
    7. A and B.

12. If the place of employment is not unionized and there are no provisions in the employment contract concerning termination of employment, which of the following would not be within the rights of the employer and therefore actionable by the employee?
    1. An employee is dismissed because there is no more work to do and is given neither notice nor pay in lieu of notice.
    2. An employee is dismissed for repeated incompetence after being given several opportunities to improve their skills and has been warned that continued failure to improve may result in dismissal and is given neither notice nor pay in lieu of notice.
    3. An employee is dismissed because he refused to do a job to which he had just been demoted, and he was given reasonable pay in lieu of notice.
    4. An employee is dismissed because he was found stealing goods from his employer, and he was given neither notice nor pay in lieu of notice.
    5. An employee is dismissed because his employer doesn’t like his disposition, and he is given reasonable pay in lieu of notice.

13. According to the common law, which one of the following does not constitute “cause” for dismissal without notice or pay in lieu thereof?
    1. Refusal by the employee to obey lawful orders
    2. Incompetence
    3. Technological change that makes the employee’s job unnecessary
    4. Disruptive conduct by the employee that interferes with the employer’s business
    5. Prolonged and permanent ill health that prevents the employee from working

14. Mr. Jorgenson, the owner of a small business with non-union employees, wants to know what obligations the new managers have in ensuring the ongoing success for the business. Which of the following is true?
    1. The new managers must carry out their duties in a reasonably competent manner, be honest and punctual.
    2. The new managers must not pursue opportunities for private gain rather than for employer’s benefit.
    3. The new managers cannot “moonlight” or pursue other part-time employment opportunities that compete or interfere with their time and ability to manage Mr. Jorgenson’s business.
    4. The new managers must protect the business’ confidential information.
    5. All of the above.
    6. None of the above.

15. With regard to employment law, which of the following is false?
    1. The common law provides that an employee who wants to quit his job because he wants to take another owes his employer reasonable notice.
    2. A unionized employee does not negotiate personally with the employer for his or her employment contract.
    3. The most common remedy awarded by the courts in wrongful dismissal cases is “reinstatement”, i.e., the employer responsible for the wrongful dismissal must take the employee back.
    4. An employee badly injured on the job can make a claim against a fund of money provided by employers who are obligated by law to contribute.
    5. An employee must be punctual and obedient.