1 / 1 point

What does "certification" refer to in the context of a unionized workplace?

  the method by which the labour relations board approves the union as the employees' re

  the method by which the parties enter a collective agreement or contract

  the method by which the labour relations board approves the collective agreement

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0 / 1 point
Which of the following must employers do in order to comply with PIPEDA and
similar provincial legislation?

  designate a personal information supervisor

  have employees sign releases

  ensure records are kept indefinitely

  avoid collecting the name, title, and business address of individuals

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0 / 1 point
Which of the following groups is protected by the Employment Equity Act?

  women, visible minorities, disabled people, Aboriginal peoples

  women, children, disabled people, Aboriginal peoples

  visible minorities, the elderly, and women

  visible minorities, women, and religious minorities

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0 / 1 point
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?

  The worker is an independent contractor.

  The worker is an employee.

  The employer must pay the individual statutory employment benefits.

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0 / 1 point
Which of the following is a key purpose of workers' compensation legislation?

  to provide a mechanism for enforcing employment standards

  to permit injured employees to sue their employers

  to provide a type of no-fault insurance scheme

  to permit injured employees to sue careless co-workers

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1 / 1 point
Yula is a freelance writer who has been hired as a independent contractor to
produce three articles for a news magazine. Which of the following is an
important implication of Yula's status as an independent contractor?

  Yula does not have to give notice in the event she wishes to resign her position.

  Independent contractors have the freedom to determine their own wages.

  The magazine will be vicariously liable if Yula commits a tort while performing the co

  Independent contractors do not have certain statutory rights and benefits that are typica

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 0 / 1 point
What term implied by common law will influence an employer's ability to effect
the termination of an employment arrangement?

  condonation

  reasonable notice

  litigation

  Peter principle

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0 / 1 point
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?

  Courts are reluctant to interfere with business decisions.

  Litigation is a slow process, and the employee has a duty to mitigate losses.

  Common law views the employment relationship as irreparably damaged.

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0 / 1 point
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?

  condonation by the employer

  Jason's status as a part-time student

  incompetence of the manager

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0 / 1 point
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?

  Jocelyn cannot be terminated because the photos were taken during non-work hours.

  Although her conduct occurred after hours, it may still constitute conduct incompatibl
employment.

  Jocelyn is fully protected from termination because her employer breached the law by

  Jocelyn can only be dismissed if her Facebook page described her as a police officer w

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1 / 1 point
What does the duty to mitigate require of an employee whose position has been
constructively terminated?

  It requires the former employee to take reasonable steps to find comparable employmen

  The individual is expected to accept a lower-level job to reduce loss.

  It requires the former employee to take the first job available.

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0 / 1 point
Which of the following would you expect a court to consider when determining
the proper amount of notice to award a wrongfully dismissed employee?

  the employer's reason for dismissal

  the employee's duty of honesty

Question 1 1 / 1 point
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?

  Claims alleging an employer's negligent hiring must prove fault by that party.

  Vicarious liability for negligent hiring relieves the errant employee of liability.

  Proof of an employer fault isn't required for vicarious liability for employees.

  An employer's vicarious liability for negligent hiring is a strict liability in law.

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Question 2 0 / 1 point
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?

  substantive collective bargaining efforts to secure a collective agreement

  voluntary certification of the union by the group's employer

  a legal strike to demonstrate the substantive increase in bargaining power

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Question 3 1 / 1 point
What governing body was given the role of enforcing employment equity
legislation?

  the Canadian Human Rights Commission

  the Ontario Human Rights Commissions

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Question 4 0 / 1 point
What would a legal risk manager say offers the strongest support for an
employer developing and implementing a workplace harassment policy?

  The employer's liability remains intact, but penalties will be less or nonexistent.

  The employer will be relieved from vicarious liability for offending the employee's
actions.

  The employer's prima facie interest in workplace safety mitigates the risk of loss.

  The employer's quick and effective response cancels negligent hiring liability.

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Question 5 0 / 1 point
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?

  adverse effects discrimination based on a bona fide occupational requirement

  systemic discrimination on the basis of religion or creed

  no duty to accommodate on the part of the employer

  direct discrimination not based on a bona fide occupational requirement

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Question 6 1 / 1 point
Is a requirement that an individual possess a valid driver's licence a bona fide
occupational requirement?

  yes, unless the employee or job applicant is disabled

  no, because it is a form of systemic discrimination

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Subsection
Question 7 0 / 1 point
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?

  Dishonesty on Howard's part would justify termination in this instance.

  Howard cannot be dismissed unless his employer expressly prohibited this behaviou

  The employer can terminate Howard only if it first applies progressive discipline.

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Question 8 0 / 1 point
Which of the following is the term for chronic absenteeism and lateness without
authorization or excuse?

  serious misconduct

  habitual neglect of duty

  incompetence

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Question 9 0 / 1 point
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?

  that Jerry sign a release giving up his right of action against the employer
   that Jerry not seek legal advice

  that Jerry make the decision immediately

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Question 10 1 / 1 point
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?

  15 months

  15 weeks

  8 months

  8 weeks

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Question 11 1 / 1 point
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?

  the employer's history regarding occupational health and safety violations

  whether the employee was a full-time or part-time employee

  whether the employee suffered an injury as a result of not wearing the safety equipme

  whether the employer can show that clear instructions were given to the employee

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Question 12 0 / 1 point
 According to the implied rights and duties of an employer, when can an
employer terminate an employment relationship without cause?

  With two weeks of notice to the employee

  With reasonable notice

  With cause only

Question
1 / 1 point
1
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?

  systemic discrimination

  direct discrimination

  reverse discrimination

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Question 2 1 / 1 point
Which of the following is an example of a hiring criterion that would qualify as a
bona fide occupational requirement (BFOR)?

  a taxi driver's ability to pass a fitness test

  minimum height requirement for a police officer

  a grocery cashier's ability to lift 25 kilograms

  requirement to wear a hardhat for a construction worker

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Question 3 1 / 1 point
Which of the following most strongly supports the use of written employment
contracts?
   The law requires employment contracts to be written.

  Written terms override terms implied by law.

  The law abrogates the parties' ability to tailor the contract.

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Question 4 1 / 1 point
Under what circumstances might an employee owe fiduciary obligations to his or
her employer?

  if the employee is a senior or key employee

  if an employee is unsupervised

  if the employee has sales-related duties and will be interacting with customers

  if the employment relationship has some supervisory duties mixed with their regular
duties

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Question 5 0 / 1 point
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?

  marital status

  level of education

  age

  place of birth

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Question 6 1 / 1 point
 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?

  Rolene is obliged to give adequate notice of termination to an employer.

  Rolene's ability to work for competitors is limited by restrictive covenants.

  Rolene owes fiduciary obligations to her past employer.

  Rolene's past employer may sue Hamal for inducing breach of contract.

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Subsection
Question 7 0 / 1 point
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?

  no, because he was wrongfully terminated

  yes, because his duty to mitigate requires him to accept any available alternate
employment

  no, because his duty to mitigate does not require him to take a lower-level job

  yes, because his duty to mitigate requires him to take any available employment whi
he continues to look for an accounting position

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Question 8 0 / 1 point
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?
   The judge will look strictly to the length of service to assess the reasonableness of
notice.

  The judge will find that payment in lieu of notice must be given to effect termination
during disability.

  The judge will find that disability negates any advantage of having notice, rendering
ineffective.

  The judge will look to balance competing interests by finding a halfway position.

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Question 9 0 / 1 point
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?

  Maria can be dismissed for cause if she refuses the transfer.

  Maria must accept the position because it constitutes a promotion.

  Maria may be able to claim that the transfer amounts to constructive dismissal.

  Maria can refuse the transfer and has the right to be promoted within the Toronto ou

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Question 10 0 / 1 point
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?

  to make the employer fully aware of the wrongful behaviour

  to determine whether there is any excuse for this behaviour

  to argue there is just cause for termination

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Question 11 1 / 1 point
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?

  duty to accommodate

  duty of good faith

  duty to mitigate

  duty to warn

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Question 12 1 / 1 point
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?

  She was not given sufficient time to consider the package and to obtain independent
legal advice.

  The employee's right to sue cannot be waived.

  The termination package was limited to statutory entitlements.

Question
0 / 1 point
1
Casual workers, some part-time workers, and agricultural workers are all
excluded from entitlement to which of the following benefits?

  employment insurance
   paid sick or bereavement leaves

  overtime pay

  workers' compensation

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Question 2 0 / 1 point
Which of the following must private sector employees be concerned with,
regarding their personal information?

  the duration that personal information is retained by an employer

  the designation of a personal information supervisor

  security safeguards implemented to protect their personal information

  the employer's control, collection, and use of their personal information

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Question 3 1 / 1 point
What do independent contractor and employee relationships have in common?

  Both are short-term and temporary in nature.

  Tax savings and flexibility can be derived from either relationship.

  Work and services are exchanged for remuneration.

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Question 4 0 / 1 point
Which of the following rights is set out in Employment Standards Act?

  the right to freedom from discrimination

  the right to vacations and vacation pay

  the right to safe working conditions

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Question 5 0 / 1 point
Which of the following is NOT included by the legal definition of
"compensation" in relation to the essential content of an employment contract?

  Salary

  Wages

  Bonuses

  Pension

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Question 6 1 / 1 point
What legislation is based on the basic concept that the employer and employee
contribute to a fund that provides insurance against loss of income?

  the Employment Insurance Act

  various workers' compensation acts in all provincial jurisdictions

  the Employment Equity Act

  the Canadian Charter of Rights and Freedoms

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Subsection
Question 7 1 / 1 point
 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.

  True

  False

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Question 8 0 / 1 point
What are the obligations of an employer who wishes to dismiss an employee for
a series of minor infractions?

  An employer has no obligations if the cumulative effect of the infractions has a serio
impact on the employment relationship.

  An employer may not legally terminate the relationship unless each infraction has be
documented in writing.

  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.

  An employer may only terminate for a serious act of misconduct, not minor infractio

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Question 9 1 / 1 point
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?

  His employer has failed to prove that it has a genuine business reason for the transfer.

  An employer cannot change any conditions of employment without first obtaining an

  Without his consent, the move will constitute constructive dismissal.

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Question 10 0 / 1 point
 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?

  The employee can be terminated with two weeks' notice.

  A single act of dishonesty can justify dismissal if sufficiently serious.

  The employee cannot be fired because one-time incidents cannot be used as a basis f
dismissal with cause.

  The employer cannot terminate unless it provides reasonable notice.

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Question 11 0 / 1 point
Which of the following is a distinguishing characteristic of the collective
agreement, with respect to challenging an employer's decision to terminate an
employment relationship with a unionized employee?

  The matter will immediately be referred to a binding arbitration process.

  The employee is limited to proceeding through the grievance process.

  The matter is referred to a court if arbitration fails to resolve the grievance.

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Question 12 1 / 1 point
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?

  no, because he was wrongfully terminated

  yes, because his duty to mitigate requires him to accept any available alternate
employment

  no, because his duty to mitigate does not require him to take a lower-level job
  yes, because his duty to mitigate requires him to take any available employment while
he continues to look for an accounting position