Quiz 7 - Employment Law & Human Rights (Questions) PDF

Preview

Summary

Quiz 7 - Employment Law & Human Rights (Questions)...

Description

1. The Prairie Clerical Workers Union has just received recognition as the bargaining agent for a group of employees. What action would the union president most likely immediately undertake? a) substantive collective bargaining efforts to secure a collective agreement b) voluntary certification of the union by the group's employer c) a legal strike to demonstrate the substantive increase in bargaining power Answer: A

2. What is the most common defence to an allegation of employment-related discrimination? a) approved affirmative action b) approved employment equity plans c) bona fide occupational requirement d) group insurance or pension plans Answer: C

3. What would a legal risk manager say offers the strongest support for an employer developing and implementing a workplace harassment policy? a) The employer's liability remains intact, but penalties will be less or nonexistent. b) The employer will be relieved from vicarious liability for offending the employee's actions. c) The employer's prima facie interest in workplace safety mitigates the risk of loss. d) The employer's quick and effective response cancels negligent hiring liability. Answer: A

4. What legislation is based on the basic concept that the employer and employee contribute to a fund that provides insurance against loss of income? a) the Employment Insurance Act b) various workers' compensation acts in all provincial jurisdictions c) the Employment Equity Act d) the Canadian Charter of Rights and Freedoms Answer: A

5. Casual workers, some part-time workers, and agricultural workers are all excluded from entitlement to which of the following benefits? a) employment insurance b) paid sick or bereavement leaves c) overtime pay d) workers' compensation Answer: A

6. Which of the following groups is protected by the Employment Equity Act? a) women, visible minorities, disabled people, Aboriginal peoples b) women, children, disabled people, Aboriginal peoples c) visible minorities, the elderly, and women d) visible minorities, women, and religious minorities Answer: A

7. Jarvis has been employed as a "greeter" in a department store for several years. Recently, his employer recently advised him that he is being transferred to the shipping bay of the store where he will unload trucks. On what legal basis might Jarvis challenge his employer's plan? a) His employer has failed to prove that it has a genuine business reason for the transfer. b) An employer cannot change any conditions of employment without first obtaining an employee's consent. c) Without his consent, the move will constitute constructive dismissal. Answer: C

8. What are the obligations of an employer who wishes to dismiss an employee for a series of minor infractions? a) An employer has no obligations if the cumulative effect of the infractions has a serious impact on the employment relationship. b) An employer may not legally terminate the relationship unless each infraction has been documented in writing. c) An employer who wishes to terminate the relationship has a duty to warn and an obligation to give the employee an opportunity to improve his or her performance.

d) An employer may only terminate for a serious act of misconduct, not minor infractions. Answer: C

9. An investigation into habitual absenteeism revealed Howard had a second, part-time job. When the work schedules occasionally conflicted, he claimed absence due to illness from his full-time job. By doing so, he received sick pay from one employer while earning a wage from the second. Would the employer be justified in terminating Howard? a) Dishonesty on Howard's part would justify termination in this instance. b) Howard cannot be dismissed unless his employer expressly prohibited this behaviour. c) The employer can terminate Howard only if it first applies progressive discipline. Answer: A

10. On February 16, Angelina's doctor placed her on total disability, indicating her condition would likely take the next four months to resolve. On March 1, her employer delivered written notice to Angelina, advising her position of employment would terminate May 1. With regard to the reasonable notice principle, what would be the most likely outcome of any legal proceedings? a) The judge will look strictly to the length of service to assess the reasonableness of notice. b) The judge will find that payment in lieu of notice must be given to effect termination during disability. c) The judge will find that disability negates any advantage of having notice, rendering it ineffective. d) The judge will look to balance competing interests by finding a halfway position. Answer: C

11. Alex's employment has been terminated due to a recent amalgamation. She met with Roger, the human resources senior manager, and reviewed the severance package being offered to her. Roger indicated that in his view the package was very generous and would expire at the end of the day. He urged Alex to accept the deal and sign a release, which she did. Why will Alex NOT be legally bound by the terms of the severance package or the release? a) She was not given sufficient time to consider the package and to obtain independent legal advice. b) The employee's right to sue cannot be waived. c) The termination package was limited to statutory entitlements. Answer: A

12. Why is specific performance or reinstatement rarely an option provided by the courts to an employee claiming wrongful termination from a position in the non-unionized sector? a) Courts are reluctant to interfere with business decisions. b) Litigation is a slow process, and the employee has a duty to mitigate losses. c) Common law views the employment relationship as irreparably damaged. Answer: C

13. What does "certification" refer to in the context of a unionized workplace? a) the method by which the labour relations board approves the union as the employees' representative b) the method by which the parties enter a collective agreement or contract c) the method by which the labour relations board approves the collective agreement Answer: A

14. Casual workers, some part-time workers, and agricultural workers are all excluded from entitlement to which of the following benefits? a) employment insurance b) paid sick or bereavement leaves c) overtime pay d) workers' compensation Answer: A

15. Which of the following rights is set out in Employment Standards Act? a) the right to freedom from discrimination b) the right to unionize c) the right to vacations and vacation pay d) the right to safe working conditions Answer: C

16. Which of the following is NOT included by the legal definition of "compensation" in relation to the essential content of an employment contract?

a) Salary b) Wages c) Bonuses d) Pension Answer: D

17. Although he has appropriate skills and training, Ranjit has been turned down for a job opening at a construction site because he cannot remove his turban based on his religious beliefs and is unable to wear a hardhat. What would a human rights commission most likely determine if Ranjit was to make a complaint? a) adverse effects discrimination based on a bona fide occupational requirement b) systemic discrimination on the basis of religion or creed c) no duty to accommodate on the part of the employer d) direct discrimination not based on a bona fide occupational requirement Answer: A

18. Marne's contract states her employment arrangement is for one year, while Brelle's contract is silent on that point. In what way are Marne's employment obligations different from Brelle's? a) Brelle must give notice of termination. b) Marne is an independent contractor. c) Marne must give notice of termination. Answer: A

19. Fatima has worked as a paralegal with Shep & Shap LLP for 15 years. The firm began to downsize, and Fatima received notice of termination that she considers to be inadequate. What term of reasonable notice would Fatima's lawyer believe she is entitled to receive? a) 15 months b) 15 weeks c) 8 months d) 8 weeks

Answer: A

20. According to the implied rights and duties of an employer, when can an employer terminate an employment relationship without cause? a) With two weeks of notice to the employee b) With reasonable notice c) With cause only Answer: B

21. What does the duty to mitigate require of an employee whose position has been constructively terminated? a) It requires the former employee to take reasonable steps to find comparable employment. b) The individual is expected to accept a lower-level job to reduce loss. c) It requires the former employee to take the first job available. Answer: A

22. Which of the following is the term for chronic absenteeism and lateness without authorization or excuse? a) serious misconduct b) habitual neglect of duty c) incompetence Answer: B

23. According to policy, Celine's employer has accumulated a number of minor incidents in her employee performance records over the course of her three years with the organization. If her employer anticipates that it may be necessary and advantageous to terminate Celine's employment with cause, which of the following would strongly influence the decision? a) duty to accommodate b) duty of good faith c) duty to mitigate d) duty to warn

Answer: C

24. Jerry has decided to accept his employer's termination package, which will give him six months pay and benefits in lieu of six months of notice. What condition will the employer likely stipulate in exchange for its agreement to pay Jerry the six months of pay and benefits? a) that Jerry sign a release giving up his right of action against the employer b) that Jerry not seek legal advice c) that Jerry make the decision immediately Answer: A

25. Is a requirement that an individual possess a valid driver's licence a bona fide occupational requirement? a) yes, unless the employee or job applicant is disabled b) only if it was adopted in good faith for a legitimate business purpose c) no, because it is a form of systemic discrimination Answer: B

26. Alpha Corporation is hiring a new project manager and has narrowed down its search to two applicants. Which of the following would the HR manager least likely consider to be a prohibited ground of discrimination when deciding between these two applicants? a) marital status b) level of education c) age d) place of birth Answer: B

27. Which of the following must employers do in order to comply with PIPEDA and similar provincial legislation? a) designate a personal information supervisor b) have employees sign releases c) ensure records are kept indefinitely

d) avoid collecting the name, title, and business address of individuals Answer: A

28. Which of the following groups is protected by the Employment Equity Act? a) women, visible minorities, disabled people, Aboriginal peoples b) women, children, disabled people, Aboriginal peoples c) visible minorities, the elderly, and women d) visible minorities, women, and religious minorities Answer: A

29. A machine shop owner relies on his existing employees to source out new potential employees, and most of his employees are now from the same identifiable ethnic group. What form of discrimination might the machine shop be engaged in? a) systemic discrimination b) direct discrimination c) reverse discrimination Answer: A

30. Which of the following qualifies as a BFOR? a) The circumstances involve a person disabled by mental illness. b) An employee has satisfied the onus placed on him of proving the qualification. c) Accommodation is demonstrated to be possible for a disabled person. d) A legitimate business purpose and good faith occasioned its adoption. Answer: D

31. Maria lives in Toronto and for the past five years she has been employed as a sales agent for a telecommunications company at its downtown Toronto retail outlet. Last week, she was surprised to learn that her employer plans to transfer her to Winnipeg. Although the move would involve a promotion for Maria, she is very unhappy about the prospects of moving. What is Maria's legal position in these circumstances? a) Maria can be dismissed for cause if she refuses the transfer.

b) Maria must accept the position because it constitutes a promotion. c) Maria may be able to claim that the transfer amounts to constructive dismissal. d) Maria can refuse the transfer and has the right to be promoted within the Toronto outlet. Answer: C

32. Excel Roofing Ltd. terminated an employee for failing to wear a safety harness while working on a project. What factor or factors might a court consider when determining whether Excel had just cause? a) the employer's history regarding occupational health and safety violations b) whether the employee was a full-time or part-time employee c) whether the employee suffered an injury as a result of not wearing the safety equipment d) whether the employer can show that clear instructions were given to the employee Answer: D

33. Footage from a retail store's security cameras shows a long-term employee stealing groceries from the store. What advice would you expect the store's human resources department to provide management in these circumstances? a) The employee can be terminated with two weeks' notice. b) A single act of dishonesty can justify dismissal if sufficiently serious. c) The employee cannot be fired because one-time incidents cannot be used as a basis for dismissal with cause. d) The employer cannot terminate unless it provides reasonable notice. Answer: C

34. JP Pizza has employed Jason as a server for a number of years. Over the past two years, Jason has been late for his shift at least once a week. Today, however, the manager "reached his limit" and fired a shocked Jason when he showed up 10 minutes late for his shift. What legal issue might affect the outcome of this case if Jason were to sue for wrongful dismissal? a) condonation by the employer b) Jason's status as a part-time student c) incompetence of the manager d) lack of harm from the employee's conduct

Answer: A

35. Jocelyn is 25 years old and was hired as a police officer for Big City one year ago. It has come to the attention of the chief of police that Jocelyn recently posted photographs on her Facebook page that show her drinking a beer while driving an automobile on a recent vacation. Which statement best describes the employer's right to dismiss Jocelyn on the basis of the Facebook photograph? a) Jocelyn cannot be terminated because the photos were taken during non-work hours. b) Although her conduct occurred after hours, it may still constitute conduct incompatible with her duties and provide a basis for terminating her employment. c) Jocelyn is fully protected from termination because her employer breached the law by viewing her Facebook page. d) Jocelyn can only be dismissed if her Facebook page described her as a police officer with Big City. Answer: B

36. A court has decided that work performed by an individual was NOT integral to the business. Which of the following is strongly supported by this finding? a) The worker is an independent contractor. b) The worker is an employee. c) The employer must pay the individual statutory employment benefits. Answer: A

37. Under what circumstances might an employee owe fiduciary obligations to his or her employer? a) if the employee is a senior or key employee b) if an employee is unsupervised c) if the employee has sales-related duties and will be interacting with customers d) if the employment relationship has some supervisory duties mixed with their regular duties Answer: A

38. Which of the following most strongly supports the use of written employment contracts? a) The law requires employment contracts to be written. b) Written terms override terms implied by law.

c) The law abrogates the parties' ability to tailor the contract. Answer: B

39. What do independent contractor and employee relationships have in common? a) Both are short-term and temporary in nature. b) Tax savings and flexibility can be derived from either relationship. c) Work and services are exchanged for remuneration. Answer: C

40. What governing body was given the role of enforcing employment equity legislation? a) the Canadian Human Rights Commission b) the Ontario Human Rights Commissions c) the Supreme Court of Canada Answer: A

41. Kyle was terminated from his position as an accountant. He believes he was unjustly terminated and intends to sue for wrongful dismissal. The only alternate employment Kyle can find is working as a security guard. Is Kyle obligated to take this job? a) no, because he was wrongfully terminated b) yes, because his duty to mitigate requires him to accept any available alternate employment c) no, because his duty to mitigate does not require him to take a lower-level job d) yes, because his duty to mitigate requires him to take any available employment while he continues to look for an accounting position Answer: C

42. In addition to severance pay, an employee's settlement package for termination of the employment relationship may include financial or career counselling and a factual letter of reference. a) True b) False Answer: A

43. After three years of stellar performance, Roddy has begun to miss deadlines. After missing the third deadline, his human resource manager met with Roddy and gave him his first written warning. In this situation, what is the role of the duty to warn? a) to make the employer fully aware of the wrongful behaviour b) to determine whether there is any excuse for this behaviour c) to argue there is just cause for termination d) to inform the employee of the consequences of failing to improve Answer: D

44. Which of the following would you expect a court to consider when determining the proper amount of notice to award a wrongfully dismissed employee? a) the employer's reason for dismissal b) the employee's duty of honesty c) the age of the employee Answer: C

45. What term implied by common law will influence an employer's ability to effect the termination of an employment arrangement? a) condonation b) reasonable notice c) litigation d) Peter principle Answer: B

46. A judge is hearing a matter involving a claim for damages by an employee. The plaintiff alleges she suffered harm in the course of performing her employment duties, caused by a new manager's careless actions. Which of the following is a distinguishing characteristic of this type of action? a) Claims alleging an employer's negligent hiring must prove fault by that party. b) Vicarious liability for negligent hiring relieves the errant employee of liability. c) Proof of an employer fault isn't required for vicarious liability for employees.

d) An employer's vicarious liability for negligent hiring is a strict liability in law. Answer: A

47. Which of the following must private sector employees be concerned with, regarding their personal information? a) the duration that personal information is retained by an employer b) the designation of a personal information supervisor c) security safeguards implemented to protect their personal information d) the employer's control, collection, and use of their personal information Answer: D

48. Hamal asked Rolene to a lunch meeting. During lunch, he suggested Rolene would enjoy better remuneration and opportunities for advancement with his company. One week later, Rolene gave her employer one month's notice of her termination of employment. In these circumstances, which of the following would provide the strongest support for a legal action by Rolene's former employer? a) Rolene is obliged to give adequate notice of termination to an employer. b) Rolene's ability to work for competitors is limited by restrictive covenants. c) Rolene owes fiduciary obligations to her past employer. d) Rolene's past employer may sue Ham...