Week 6 Reading Comprehension Questions

INSTRUCTIONS – Access the BC Employment Standards Act via www.bclaws.ca and

answer the following questions.

Question 1
The Act prohibits false representations during the hiring process. Identify the Section
and the four areas specifically outlined by this Section.

Employers are not allowed to misrepresent an employment offer to convince potential

employees to work for them. An employer must not induce, influence or persuade a
person to become an employee, or to work or to be available for work, by
misrepresenting any of the following:

a) the availability of a position

b) the type of work

c)the wage’s

d)the conditions of employment

Question 2
False representations during the hiring process were covered in Chapter 2 in the context
of a common law decision. Name the case and briefly outline the facts.

Question: Was the employer responsible for making a negligent misrepresentation in

Queen v. Cognos Inc.? Facts: A specific link between the party making the representation
and the candidate must give rise to a duty of care. The depiction must be false, unreliable,
and deceptive.

The misrepresentation must have been made with negligence on the side of the party
making it.

The candidate must have made the false statement with a reasonable reliance on the
negligent

The candidate must have suffered because of the dependency.

Question 3
Section 9 sets out the rules for hiring children. Briefly outline these rules as they appear
in the Act.
A person must not employ a child under 15 years of age unless the person has obtained
the written consent of the child's parent or guardian.

. (2) A person must not employ a child under 12 years of age without the director's
permission

. (3) On permitting the employment of a child under 12 years of age, the director may set
the conditions of employment for the child.

(4) An employer must comply with the conditions of employment set under subsection
(3)

Question 4
In Part 2, the Act places certain limits and restrictions on recruitment agencies (i.e., the
employer’s agent). What are these rules?

Following are the rules and restrictions on recruitment agencies:1) A person must not
operate an employment agency or a talent agency unless the person is licensed under this
Act. (2) Subsection (1) does not apply to a person operating an employment agency for
the sole purpose of hiring employees exclusively for one employer.

Question 5
Wages, Special Clothing and Records (ESA, Part 3)

What does the Act say about minimum wages? Where are the monetary amounts of the
minimum wages found?

1) An employer must pay an employee at least the minimum wage as prescribed in the
regulations.

(2) An employer must not, directly or indirectly, withhold, deduct or require payment of
all or part of an employee's wages in a pay period to comply with subsection (1) in
relation to any other pay period.

Question 6
How does the Act define “paydays”? When must employees be paid? What MUST an
Employer pay on a payday?
Paydays are the predetermined day of the month on which an employee is paid for the
services their employer has provided for them. Employees must receive compensation for
the work they completed in the preceding month in the form of cash payments.
Employers are required to pay their staff a salary or wage.

Question 7
What obligations does an Employer have regarding wages owing at the time of an
employee’s dismissal, resignation and retirement?

The company is entitled to clear and settle any outstanding earnings or salaries owed to
the employee if the employee gives a proper notice of resignation, gets fired from their
position, or retires.

Question 8
Briefly define what “special clothing” means under the Act. Briefly explain the BASIC
rules an Employer must follow in relation to “special clothing” in Part 3 of the Act.

Employees of a corporation typically dress in specialised attire, which is referred to as a

uniform, to go to work. Employers have the option of establishing certain dress codes that
employees must abide by while at work. This also gives employees a distinctive identity.

Question 9
Hours of Work and Overtime (ESA, Part 4)

Explain the Employer’s meal break obligations under Part 4 of the Act. Is there a
requirement to provide “coffee breaks” under the Act?

Employer's meal break obligations require employers to provide their employees with
proper coffee breaks during their shift timings/working hours. it is a compulsory right of
every employee to be provided with these short refreshment breaks.

Question 10
Part 4 sets out the minimum pay requirements for Employees who are called in to work
(Call in Pay Identify the minimum number of hours an Employee must be paid for in the
following scenarios:

An Employee is either NOT scheduled to work or scheduled to work up to eight hours,

but only works 1.5 hrs before being sent home.

An Employee is scheduled to work up to eight hours and works 3 hours.

An Employee is scheduled to work MORE than eight hours, but only works 2.5 hrs
before being sent home.

Minimum pay will be calculated in the following cases as following - 

1. Employees will be entitled to half-pay if the employer takes works for 1.5 hours.

2. Employees will be entitled to half-pay for the day if the employer takes works for 3
hours.

3. Employees will be entitled to full-pay if the employer takes works for 5.5 hours before
being sent home.

Question 11
In order to avoid paying overtime the Act stipulates the arrangement of work hours with
maximum hours of work and minimum hours of rest. What are the:

Weekly and daily maximum number of hours that an Employee can work before an
Employer incurs overtime where an averaging agreement does not exist? 

Maximum working hours limit without an overtime

Weekly:40 HRS

Daily: 8 HRS

Each week of work must be separated by _32___ number of hours.

An Employer must provide at least __8___ hrs free from work between shifts.

Question 12
How does the Act describe the term “excessive hours”? Why is this an important
addition to the Act?
Excessive hours are those that an employee works beyond what is necessary for their
health and safety. This protects the interests of the employee and, in special cases,
necessitates a separate agreement between the employee and the employer.

Question 13
When not subject to an averaging agreement, what are the pay rates for daily and weekly
overtime under the Act?

In absence of averaging agreement.

Daily overtime >8hours payable at 1.5 x Regular wage

Daily overtime >12hours payable at 2 x Regular wage

Weekly overtime >40hours payable at 1.5 x Regular wage

Question 14
Stat Holidays (ESA, Part 5)

What are the statutory holidays recognized under the Act and what must an Employee do
to qualify for either (a) a day off with pay; (b) an alternative day off with pay; or (c)
premium pay if they work the statutory holiday?

New Year's Day

Family Day
Good Friday
Victoria Day
Canada Day
BC Day
Labour Day
Thanksgiving Day
Remembrance Day
Christmas Day

(a.)

Entitlement to statutory holiday

Employed for at least 30 calendar days preceding the holiday.

(b.) An agreement of understanding between employee and employee to substitute the

holiday with any other day.

(c.) 1.5 times regular wage for first 12 hours.

2 times the wage for hours over 12 hours

An average day's pay = amount paid / days worked

Question 15
Leaves and Jury Duty (ESA, Part 6)

Name the five basic types of leave (including jury duty) granted under the Act and
describe VERY BRIEFLY what an Employee is entitled too (Describe only the primary
cases, not the exceptions. DO NOT describe all the procedure).

1.Maternity Leave: Entitled to 17 weeks of unpaid leave for a pregnant employee

2. Family responsibility leave: Entitled to up to 5 days of unpaid leave each year

3. Parental Leave: Entitled to up to 61 consecutive weeks of unpaid leave for a parent in

relation to birth of a child or children. Adopting parent entitled to up to 62 consecutive
weeks of unpaid leave.

4. Compassionate care leave: Entitled to up to 27 weeks of unpaid leave to provide care

or support to a family member if a medical practitioner or nurse practitioner issues a
certificate stating that the family member has a serious medical condition with a
significant risk of death within 26 weeks

5. Critical illness or injury leave: To provide care or support to a family member. Entitled
to

(a) up to 36 weeks of unpaid leave if the family member is < 19 years of age

(b) up to 16 weeks of unpaid leave if the family member is   19 years of age

Question 16
In relation to the above-mentioned leaves, what must an Employer NOT do when leave is
requested? What MUST they do when the leave ends?

If an employee is on a leave covered by the Employment Standards Act, their

employment is considered continuous:

 The employee continues to get any wage or benefit increases that they would
normally receive.
 Employers continue to make payments to benefit plans – unless the employee
doesn't want to continue with a plan or if they take reservists' leave.
 Employers continue to calculate annual vacation, termination entitlements,
pension, benefits, or length of service the same as if they normally would.

Employment Standards Act, their employment is considered continuous:

 The employee continues to get any wage or benefit increases that they would
normally receive.
 Employers continue to make payments to benefit plans – unless the employee
doesn't want to continue with a plan or if they take reservists' leave.
 Employers continue to calculate annual vacation, termination entitlements,
pension, benefits, or length of service the same as if they normally would.

Returning to work

When leave ends, an employee can come back to their job or one like it. The employer
must contact the employee to arrange the employee’s return to work.

 An employer cannot terminate (fire or lay off) an employee or change their job
conditions without the employee’s written agreement.
 If the job no longer exists and there is no similar job, the employee who is ready
to return can be terminated but must be given compensation for length of
service based on the last day of employment

Question 17
Annual Vacation (ESA, Part 7)

Regarding annual vacation, an Employer must give an Employee at least:

a. ___2__ weeks of annual vacation after 12 months of employment, or

b. __3___ weeks of annual vacation after 5 years of employment.

Question 18
Termination of Employment (ESA, Part 8)

What is the minimum notice period in the following situations according to the Act…

After 3 consecutive months of employment? 1 week

After 12 consecutive months of employment? 2 weeks

After 2 consecutive years of employment? 2 weeks

After 3 consecutive years of employment? 3 weeks

After 4 consecutive years of employment? 4 weeks

After 5 consecutive years of employment? 5 weeks

After 8 consecutive years of employment? 8 weeks

After 9 consecutive years of employment? 8 weeks

Question 19
Is Common Law Notice the same as Statutory Notice (i.e., ESA minimum notice periods
specified above)? Explain why or why not as best you can.

No common law notice is not same as Statutory notice because in Statutory Notice
defines that if you have been employed for more than 3 months but less than 2 years, you
are entitled to one week notice or pay in lieu of. This continues escalating until you are
entitled to the maximum of 8 weeks’ notice whereas Common Law notice based on a
series of factors called the Bardal Factors after the Ontario High Court decisions of
Bardal V The lobal & Mail Ltd. This case identified several factors the Court must take
into consideration when determining the common law notice period. Some of these
factors are:

 the character of their employment

 their length of service
 their age
 and the availability of similar employment, having regard to their experience,
training, and qualifications.
Question 20
We explored fixed term (or Definite Term) contracts earlier in the course and the
implications about failing to end or renew such a contract upon its expiry. Explain how
the Act addresses fixed or definite term contracts in Part 8.

Reasons for this approach could include situations where the employer is unable to afford
to hire an employee for an indefinite period, or where the employer wishes to hire an
individual for a particular project with an end date. Other examples include where
someone is being hired to replace an employee on leave, or simply because the employer
is attempting to avoid the typical notice.

Question 21
Can an Employer provide working notice to an Employee who is away from the
workplace on valid leave (including vacation) or medical leave?

The services of an employee who is on leave under this Part or is attending court as a
juror are deemed to be continuous for the purposes of

(a) calculating annual vacation entitlement and entitlement under sections 63 and 64, and

(b) any pension, medical or other plan beneficial to the employee.