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Homework answers / question archive / CHAPTER 3 & 4   1) From a legal point of view, the practice of checking job applicant’s references relates to: 2 An employer will be liable for negligent misrepresentation even if the person who made the misrepresentation honestly believed the statement was true

CHAPTER 3 & 4   1) From a legal point of view, the practice of checking job applicant’s references relates to: 2 An employer will be liable for negligent misrepresentation even if the person who made the misrepresentation honestly believed the statement was true

Law

CHAPTER 3 & 4

 

1) From a legal point of view, the practice of checking job applicant’s references relates to:

2 An employer will be liable for negligent misrepresentation even if the person who made the misrepresentation honestly believed the statement was true.

3 Which one of the following clauses found in many written employment contracts is typically the most contentious?

4 An employer in Ontario is required to conduct a police check for all job applicants whose job duties include handling money.

5 It is best to have a written employment contract signed:

6 In common law jurisdictions such as Ontario, the non-union employment relationship is viewed as being:

7 Under Ontario law, an employer who rejects an applicant for whom it has done a credit check may be required to advise the applicant of all information that it considered in the job application process, not just the credit report information.

8 Which of the following is NOT true of a non-competition clause?

9 To be considered a full-time employee in Ontario, an employee must work at least 35 hours per week for that employer.

10 Under the common law, an employee has an implied duty to provide reasonable notice of resignation.

11 If an employer withdraws a job offer because of changed economic circumstances, it may still be legally liable for reasonable notice of termination of the employment contract.

12 Only written employment contracts are legally enforceable.

13 The restrictive clause that courts are least likely to enforce is:

14 A TEMPORARY EMPLOYMENT AGENCY MAY ONLY CHARGE A CLIENT FOR HIRING AN AGENCY EMPLOYEE IF IT DOES SO WITHIN:

15 The following clause is part of your employment contract: “Any modification to this Agreement must be in writing and signed by the parties or it shall have no effect and shall be void.” Which one of the following is true?

In Ontario, an employer may refuse to hire someone who has an unpardoned criminal record, even if the record does not relate to the job being applied for.

  1. In Egan v. Alcatel Canada Inc., the court decided that the new employer should not be liable for greater pay in lieu of reasonable notice damages based on the tort of inducement because it was her former colleagues, not the new employer, who had misled the plaintiff by failing to reveal that they had a financial stake in her taking the new job.
  2. The rule of contra proferentem means that:
  3. Lawsuits against former employers for giving negative references are rare.
  4. It is best to have a written employment contract signed by a new employee just after that employee starts work.
  5. If an employment contract does not contain a termination clause, a judge will read into the contract an implied requirement that the employer provide reasonable notice of termination.
  6. The only background check that should be done after a conditional offer of employment is the job reference check.
  7. As long as an employment contract is in writing, only two elements are needed to form a binding agreement—offer and acceptance.
  8. To be enforceable, an employment contract requires “consideration.” This means that:
  9. A restrictive covenant is an agreement between the employer and employee that sets limits on what the employee may do even after he or she leaves the employment relationship.

 

  1. A “severability clause” in a written employment contract means that:
  2. Under the contra proferentem
    rule, ambiguous language in the employment contract will tend to be interpreted against the interests of the party who drafted that contract.
  3. The common law tort of “allurement” refers to a situation where an employer:
  4. Which one of the following is correct with respect to background checks (e.g., police checks, reference checks, credit checks, education checks):
  5. If an employment contract does not contain a clause setting out a probationary period, a judge will read such a clause into the contract and assume a probationary period of a minimum of three months
  6. Which is the following is NOT true?
  7. Which one of the following types of background checks should generally be done before a conditional offer of employment has been made?
  8. IF A WRITTEN EMPLOYMENT CONTRACT DOES NOT SPECIFY A PROBATIONARY PERIOD, AND A DISPUTE ARISES, A COURT WILL FIND THAT UNDER THE COMMON LAW:

CHAPTER 5

 

  1. The Human Rights Legal Support Centre provides free legal advice to applicants but not to respondents in a human rights action.
  2. Which party (or parties) has the burden of proof to show that accommodating an employee would constitute “undue hardship”?
  3. Under the Ontario Human Rights Code, the employer must accommodate an employee up to the point of undue hardship to perform both the essential and the non-essential functions of the job.
  4. Applications under Ontario’s Human Rights Code are made to which one of the following bodies?
  5. To comply with Ontario’s Human Rights Code prohibiting discrimination based on creed, employers must give employees who are not of the (western) Christian faith at least two paid days off for their religious observances annually.
  6. Like Ontario’s Human Rights Code, the Accessibility for Ontarians with Disabilities Act, 2005 is based on a complaint-driven enforcement model.
  7. In the Hydro-Québec case, the Supreme Court of Canada decided that the “duty to accommodate” requires an employer to:
  8. Under Ontario’s Human Rights Code, health and safety is one of the factors considered in determining undue hardship
  9. In Ontario, courts are more likely to uphold an employer’s alcohol- and drug-testing policy if it states that such tests are carried out on a random basis.
  10. In CEP v. Irving Pulp and Paper Ltd., the Supreme Court of Canada ruled on the employer’s random alcohol testing policy. In that case, it decided that:
  11. The majority of decisions on human rights applications in Ontario are made by
  12. As part of its duty to accommodate, an employer may be required to create a new position by “cobbling together” a number of less demanding tasks performed by other employees.
  13. Courts and tribunals generally do not require small employers to accommodate employees who require time off from work for religious observance.
  14. In the Health Sciences Association of BC v. Campbell River case, the court decided that an employer has a duty to accommodate wherever its rule or requirement interferes with an employee’s family obligations
  15. In Johnstone v. Canada, the Federal Court of Appeal laid out several elements that a complainant must prove to establish a prima facie case of discrimination based on an employer’s failure to accommodate his or her employee’s childcare obligations. Which one of the following is NOT one of those elements?
  16. In unionized workplaces, unions, as well as employers and employees, have a legal obligation to participate in the accommodation process.
  17. Where an employee files a human rights application with the Ontario Human Rights Tribunal, under the Code, an employer generally has:
  18. Firing an employee for filing a human rights complaint is called:
  19. Arbitrators appointed under collective agreements make the majority of human rights decisions in Ontario.
  20. Ontario’s Human Rights Code prohibits employers from terminating the employment of employees for poor attendance where their absences relate to substance abuse.
  21. For a workplace to be considered “poisoned,” it is not necessary that the employee making the claim be the target of the insulting or degrading comments or actions.
  22. The Ontario Human Rights Tribunal may refuse to deal with an application if the applicant has waited longer than:
  23. Under Ontario’s Human Rights Code, damages for mental anguish cannot exceed:
  24. An employer should only investigate a complaint of harassment with the consent of the individual being harassed.
  25. Clients or customers who act in a discriminatory or harassing way are not liable under the Human Rights Code.
  26. Employees who seek accommodation under Ontario’s Human Rights Code have a duty to cooperate in the accommodation process. Which one of the following is NOT part of that duty?
  27.  “Harassment” under Ontario’s Human Rights Code usually requires a course of vexatious comment or conduct, rather than a single incident.
  28. An employee can only pursue an action for discrimination or harassment in the courts if it is tied to a civil lawsuit such as a wrongful dismissal action.
  29. The Human Rights Code is usually enforced by individuals filing applications, and the Employment Standards Act is usually enforced by individuals filing complaints
  30. The human rights concept of “inclusive design” specifically means that:
  31. Remedies under Ontario’s Human Rights Code can include:
  32. Under the Accessibility for Ontarians with Disabilities Act, 2005, employers with 25 or more employees are required to develop and have in place a written process for the development of documented individual accommodation plans for employees with disabilities.
  33. Which of the following is NOT true during an investigation of alleged sexual harassment?
  34. The duty to accommodate contains both procedural and substantive elements but the substantive element is the most important.
  35. An employer is only responsible for harassment of which it is aware.
  36. Providing a voice synthesizer to help a physically disabled employee perform an essential job duty is an example of:
  37. Under the Accessibility for Ontarians with Disabilities Act, 2005, the one workplace standard that came into effect in 2012 for all employers, regardless of size, relates to:
  38. The Ontario Human Rights Commission considers “undue hardship” shown where the cost of the accommodation would:
  39. Under Ontario’s Human Rights Code, sexual harassment covers a broad range of comments or conduct. Whether any given comment or conduct constitutes sexual harassment depends on:

CHAPTER 6

 

  1. Employees who are exempt from overtime pay under the ESA may still be entitled to overtime pay under their employment contract or an office policy.

 

  1. Under Ontario’s ESA, an employee is eligible for family medical leave if a qualified medical practitioner certifies that a close relative (or other specified person) is in serious danger of dying within the next:

 

  1. Employees continue to earn credits toward vacation time while on parental leave, but unless the contract of employment specifies otherwise, vacation pay does not accrue during an unpaid leave.

 

  1. Statutory leaves under the ESA (e.g., pregnancy, parental, personal emergency, and family medical leaves) are unpaid by the employer.

 

  1. Under Bill 18 (now passed), a client organization could be liable to pay a temporary worker his or her unpaid wages, even if it has already paid the temporary agency for the temporary worker’s services.

 

  1. Class action lawsuits are only appropriate where there is a common issue of law or fact involved.

 

 

  1. Which of the following groups of workers may refuse to work on Sundays under Ontario’s Employment Standards Act?

 

  1. To calculate public holiday pay, the employer adds all regular wages and vacation pay that is owing to the employee in the four workweeks ending just before the workweek with the public holiday and divides that number by:

 

  1. If Sadie started work on January 1, 2015, under Ontario’s ESA, her employer must allow her to take her statutory vacation time before:

 

  1. Under Ontario’s ESA, the time limit for filing a claim against an employer for failure to provide wage statements is:

 

  1. Joe earns $12 per hour. Under Ontario’s overtime provisions, his overtime premium pay would be:

 

  1. An employee’s consent to an agreement to vary is presumed to be valid unless an employee challenges it.

 

  1. Under Ontario’s ESA, an employee who has taken pregnancy or parental leave is not entitled to take personal emergency leave in the same calendar year as the pregnancy or parental leave was taken in.

 

  1. Under the ESA, averaging agreements for overtime purposes cannot be revoked or cancelled before the expiry date unless both the employer and employee agree in writing.

 

  1. To qualify for family medical leave under Ontario’s ESA, an employee must:

 

  1. Every employee who works in Ontario is entitled to receive Family Day off.

 

 

  1. In which of the following circumstances can the employer NOT make deductions from an employee’s wages under Ontario’s ESA?

 

  1. Managers whose job duties are entirely managerial or supervisory in nature are not covered by any of the standards in Ontario’s ESA.

  

 

  1. To qualify for a paid public holiday in Ontario, employees must:

 

  1. Under Ontario’s ESA, an employer should generally keep employee records for at least:

 

  1. Fatima was hired 15 weeks before her expected due date. Soon after starting her new job, however, she has to go off on sick leave for five weeks. Fatima is eligible for pregnancy leave under Ontario’s ESA.

 

 

  1. Under Ontario’s ESA, an adoptive mother is entitled to receive a total of:

 

  1. Under the ESA, agreements to work excess hours may be revoked by the employee on two weeks’ written notice.

 

  1. Statutory parental leave is limited to biological parents.

 

 

  1. Even with a signed authorization from the employee, an employer cannot make a deduction from an employee’s wages to cover a cash shortage unless:

 

  1. Under the personal emergency leave provisions, a partial day is counted as a full day in determining the number of emergency days per year that the employee has taken.

.

  1. Under Ontario’s ESA, military reservists are entitled to unpaid leave for the time they are deployed if they have worked for their employer for at least:

 

  1. Police officers are not covered by the provisions of the ESA, with the exception of the lie detector provisions.

 

  1. An employee whose wages are based on commission is not covered by Ontario’s minimum wage requirements.

 

  1. All complaints under Ontario’s ESA must be made within six months of the last violation of the legislation complained of.

 

 

  1. In Ontario, class action lawsuits must be “certified” by a judge before they are allowed to proceed.

 

  1. Under Ontario’s ESA, with the agreement of the Ministry of Labour, an employee may agree to give up vacation time but not vacation pay.

 

  1. Outside of an approved educational program (e.g., through a university or college), unpaid internships are illegal unless they meet certain specific conditions. Which of the following is NOT one of those conditions?

 

  1. Where a valid “averaging hours” agreement is in place, an employee who works 48 hours in one week and 40 hours in the next is entitled to receive overtime premium pay for:

 

 

  1. To be eligible for vacation time under Ontario’s ESA, an employee must have worked at least 10 consecutive months for his or her employer.

 

 

  1. Under Ontario’s ESA, a temporary employment agency may only charge a client a fee for offering permanent employment to one of its temporary agency employees (“temps”) if the offer is made in the first:

 

 

  1. Ontario’s family medical leave provisions allow an employee to take up to 8 weeks off in a 20-week period to take care of a gravely ill family member.

 

 

  1. High earning employees who exercise considerable autonomy over their own work are exempt from the ESA’s overtime pay requirements.

 

  1. Under Ontario’s ESA, part-time employees are not eligible for personal emergency leave.

 

  1. If a parent returns from pregnancy or parental leave early, he or she gives up the right to take the remainder of the leave unless the employer agrees otherwise.

 

 

  1. Eating periods do not count toward overtime hours or maximum hours of work.

 

  1. Under the ESA, all provincially regulated employers must now provide their employees with paid time off on the third Monday in February.

 

 

  1. Under Ontario’s ESA, an employer and employee may verbally agree that instead of being given a 30-minute eating period after five consecutive hours of work, the employee may:

 

  1. Under Ontario’s ESA, an employer has to pay an employee who is on statutory leave at least one-half of his or her regular wages if the employee is not eligible for employment insurance benefits.

 

  1. Under Ontario’s ESA, it is illegal for temporary employment agencies to do which of the following?

 

  1. Unionized employees are not covered by Ontario’s ESA.

 

  1. Under Ontario’s ESA, an employer must provide all employees with a poster that sets out the most important employee rights found in the Act.

 

  1. To qualify for pregnancy leave under Ontario’s ESA, a pregnant employee must have:

 

  1. Ontario’s ESA applies to every employee who works in Ontario.

 

  1. Employees who qualify for critically ill childcare leave may take up to 52 weeks of unpaid leave to provide care or support to a critically ill child whose life is at risk because of illness or injury.

 

  1. Commissioned salespeople who work outside the workplace but sell on a particular “route” are NOT covered by the minimum wage requirements under the ESA.

 

  1. To be eligible for family caregiver leave, an employee must provide a certificate from a health practitioner that a family member (or someone who is like family) has a serious medical condition. However, this certificate does not have to be from a physician.

 

  1. Under Ontario’s ESA, employers are not legally required to provide coffee breaks to their employees.

 

  1. An employer can lower an employee’s regular wage to avoid paying overtime premium pay only if it has the employee’s written agreement.

 

 

 

  1. Beatrice earns $1,000 each week. Assuming she works her regularly scheduled day before and after the next public holiday, how much public holiday pay will she be entitled to receive for that day?

 

 

  1. Simardeep has worked for seven months at a small family-run bakery. Which one of the following statutory leaves could
  1. Under Ontario’s ESA, an employee may be entitled to vacation pay but not vacation time if he or she has worked only a short period of time.

 

 

  1. An employee who was on probation at the start of a pregnancy or parental leave may be required to complete her probationary period after returning to work from the leave.

 

  1. Janette, a telemarketer, works 46 hours this week for her employer, Ace Co. Under the ESA, which one of the following is true?

 

  1. Under Ontario’s ESA, organ donor leave is for:

 

 

  1. Which one of the following days is NOT one of the nine public holidays set out in Ontario’s ESA?

 

  1. The federal Wage Earner Protection Program does not cover termination or severance pay.

 

 

  1. An agreement to vary from legislated hours of work requirements requires the approval of the Director of Employment Standards if the weekly hours will exceed:

 

  1. Under Ontario’s ESA, personal emergency leave is available to employees who work for organizations that regularly employ, in Ontario, at least

 

  1. In most circumstances, an employment standards officer will only be assigned to a complaint after the employee has contacted, or tried to contact, his or her employer about the issue being complained about.
  2. Most employees in Ontario are entitled to have at least 12 consecutive hours off work each day.

 

  1. In order to designate a plant shutdown for two weeks in the summer as vacation time, the employer requires the employee’s agreement in writing.

 

 

  1. Ontario’s personal emergency leave provisions entitle employees to up to:

 

  1. Bill 18 (now passed) made several important changes to Ontario’s ESA. Which one of the following is NOT one of those changes?

 

  1. Under the ESA, the three-hour rule means that an eligible employee who comes into work as scheduled but is sent home before working at least three hours is entitled to receive:

 

  1. Statutory parental leave for the biological mother is:

 

  1. Only periods of active service (i.e., when the employee is actually working) are included in calculating an employee’s entitlement to vacation time.

 

 

  1. The legislated minimum wage for homeworkers is:

 

  1. Under Ontario’s ESA, an employee is entitled to receive three weeks’ vacation time after:
  2. Under Bill 18 (now passed), there is no longer a $10,000 cap on the amount that an employer can be ordered to pay to an employee by the Ministry of Labour for amounts owing under the ESA.
  3. Employees who take a statutory leave are entitled to return to the same position or, if the employer chooses, to a comparable position after their leave.

 

  1. Under the ESA, the normal rule is that an employee may agree, but cannot be required, to work on a public holiday that falls on a regular working day.

 

  1. Under the ESA, overtime premium pay must be paid in Ontario after:

 

 

  1. Employees in Ontario can be required to work hours in excess of the statutory maximum hours of work for rush orders that their employer was unprepared for.
  2. Under the Regulatory Modernization Act, 2007, Ontario government regulators can now share compliance and complaint-related information, but only if the ministries involved have the same, or similar, investigative rules.

 

 

  1. Under Ontario’s ESA, personal emergency leave is only available to employees who work for organizations that regularly employ at least 50 people in Ontario.

 

 

 

  1. An employee who decides to return to work from pregnancy or parental leave earlier than previously indicated must provide the employer with at least two weeks’ notice before the new return date.

 

 

  1. Under the ESA, an employee who works 50 hours in a week and who agrees to take time off instead of receiving overtime premium pay for that overtime is entitled to:
  1. she NOT qualify for under Ontario’s ESA because of the size of her workplace?
 

 

 

 

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