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Homework answers / question archive /   1)The common law refers to law that is                                                                  Most employees in Ontario (about 90%) are covered by The notwithstanding clause in the Canadian Charter of Rights and Freedoms allows the federal governments to enact legislation that infringes the charter if;    Private bills cover non-public matters

  1)The common law refers to law that is                                                                  Most employees in Ontario (about 90%) are covered by The notwithstanding clause in the Canadian Charter of Rights and Freedoms allows the federal governments to enact legislation that infringes the charter if;    Private bills cover non-public matters

Law

 

1)The common law refers to law that is                                                                 

  1. Most employees in Ontario (about 90%) are covered by
  2. The notwithstanding clause in the Canadian Charter of Rights and Freedoms allows the federal governments to enact legislation that infringes the charter if;

 

  1.  Private bills cover non-public matters. Based on its title, which of the following is a private bill?

 

  1. A judge in Ontario is hearing a dispute over an employment contract. The lawyer representing the plaintiff points to a case from British Columbia that covers exactly the same issue situation, This case would be

 

  1. The Canadian Charter of Rights and Freedoms can be used to strike down employment laws that are found to contravene its requirements because

 

  1. In common law jurisdiction such as Ontario, the non-union employment relationship is viewed as being    
  2. Which of the following is not true?
  3. Most employment statues in Ontario are interpreted and enforced by
  4. A privative clause

 

  1. The Canadian Charter of Rights and Freedoms
  2. The Supreme Court of Caanda decision in Vriend v Alberta is notable because in that decision
  3. A bill in the provincial legislature goes to committee after
  4. Statue law refers to
  5. If you work in a grocery store in Toronto, you are covered by
  6. Which of the following people are covered by some or all of the standards in Ontario’s Employment Standards act?
  7. Which of the following originates with the provincial legislature?
  8. In the 1925 decision of Toronto Electric Commissioners v Snider, the court held that in Canada employment law falls within
  9. To become a statue, a provincial bill must
  10. Section 15 of the Canadian Charter of Rights and freedoms guarantees people  in Canada
  11. The Canadian Charter of Rights and Freedoms applies
  12. Whether your workplace is covered by Provincial or federal employment law depends on

 

  1. Which one of the following employers is covered by the Canada Labour Code?

 

 

Chapter 2

 
  1. Under which one of the following Ontario statutes are employers prohibited from requiring employees to wear high heeled shoes?
     
 
  1. If pre-employment medical examinations are performed, they should be done:
     
       

 

 
  1. On a job application form, it is NOT acceptable to request one of the following:
     
   
 
  1. In the Mottu decision, the arbitrator decided that requiring the complainant to wear a bikini top at work for the “beach theme” evening:
     
       

 

   
 
  1. Job applicants should be asked for their social insurance number:
     
       

 

 

 

   
 
  1. Religious beliefs and practices are protected against discrimination as long as:
     
 
     

 

   
         
 
  1. Under Ontario’s current Human Rights Code, an employer may discriminate against a job applicant or employee based on age:
     

 

   
 
  1. Which of the following situations is probably NOT covered by Ontario’s Human Rights Code?
     
 
     

 

   
 
  1. Under Ontario’s Human Rights Code, the term “disability” generally does NOT include:
     
 
     

 

 

 

   
 
  1. Which one of the following is not allowed under the Ontario Human Rights Code?
     
 
     

 

   
 
  1. To prove a “prima facie” case of discrimination, the applicant must establish three elements. Which one of the following is NOT one of those three elements:
     
 
     

 

   

 

   
 
  1. Which one of the following grounds of discrimination covers how a person publicly represents their gender?
     

 

   
 
  1. With respect to the two newest grounds of prohibited discrimination—gender identity and gender expression—which one of the following is true?
     
 
     

 

   
 
  1. During a job interview, it is NOT acceptable to request information concerning:

 

     
 
     

 

   
 
  1. According to the Supreme Court of Canada, discrimination on the basis of “family status” includes discrimination based on:
     
 
     
 
  1. Section 14 of Ontario’s Human Rights Code covers “special programs” and it:
     

 

   
 
  1. Under Ontario’s Human Rights Code, discrimination in employment is prohibited on:

 

   

 

   
 
  1. Which one of the following is NOT covered under the prohibited ground of “sex”:
     
         
           

 

Chapter 3 and 4

   
 
    1. The common law tort of “allurement” refers to a situation where an employer:
     

 

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

3. The rule of contra proferentem means that:

     
 
     
 

4. A “severability clause” in a written employment contract means that:

     
 
     
                     

 

   
 

5. If a written employment contract does not specify a probationary period, and a dispute arises, a court will find that under the common law:

     

 

   
 

6. It is best to have a written employment contract signed:

     
 
 
     

 

 

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

     
 
     

 

   
 

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

     
 
     

 

   
 

9. Which one of the following is correct with respect to background checks (e.g., police checks, reference checks, credit checks, education checks):

     
 
     

 

   
 

10. A temporary employment agency may only charge a client for hiring an agency employee if it does so within:

     
 
     
  • Question 11

 

   
 

To be enforceable, an employment contract requires “consideration.” This means that:

     
 
     
  • Question 12

 

   
 

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

     
 
     
  • Question 13

 

   
 

Which of the following is NOT true?

     
 
     
  •  

 

  • Question 14

 

   
 

What is the name of the clause that typically appears at the end of a job application form that states that the information provided is true and complete to the applicant’s knowledge and that a false statement may lead to dismissal for cause?

     
  • Question 15

 

   
 

A prospective employer who is considering hiring an employee who is contractually bound to provide significant advance notice of resignation to his current employer must be particularly aware of the following common law action:

     
 
     
  •  

 

  • Question 16

 

   
 

What is the name of the contract terms that are found in such things as employee handbooks, HR policy manuals, retirement plans, and benefits handbooks.

     
 
     
  • Question 17

 

   
 

Pia’s initial offer letter, which she accepted, did not contain a termination clause. However, when she received the follow-up formal employment contract, she noticed that it contained a termination clause limiting her to minimum statutory entitlements on termination. In this situation, which one of the following is true?

     
 
     

 

Answer they will have little incentive to draft legal and enforceable ones at the beginning of employment relationship

 

Chapter 5.

   
 
    1. Under Ontario’s Human Rights Code, damages for mental anguish cannot exceed:
     
 
     

 

 
    1. In Bottiglia v Ottawa Catholic School Board the key issue was whether the employer could request that the employee undergo an independent medical examination (IME). In that case the court held that:
     
 
 
     

 

   
 
    1. Which one of the following is NOT true concerning an employer’s process for responding to an employee’s request for accommodation:
     
 
     

 

   
 
    1. In Stewart v Elk Valley Coal Corp the Supreme Court of Canada rejected the employee’s argument that his addiction prevented him from disclosing his cocaine use to his employer because:
     
 
     

 

   
 
    1. Currently the test in Ontario for establishing a prima facie case of discrimination based on family status in a child care situation is based on:

 

     

 

   
 
    1. Remedies under Ontario’s Human Rights Code can include:
     
       

 

   
 
    1. Under Ontario’s Human Rights Code, an employer is automatically responsible for:
     
       

 

   
 
    1. The Ontario Human Rights Commission considers “undue hardship” shown where the cost of the accommodation would:
     
 
     

 

   
 
    1. Firing an employee for filing a human rights complaint is called:
     
 
     
  • Question 10

 

   

 

 

Applications under Ontario’s Human Rights Code are made to which one of the following bodies?

     
       
  • Question 11

 

   
 

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:

     
       
  • Question 12

 

   
 

According to the OHRC Policy on drug and alcohol testing 2016, the components of a justifiable testing policy include all of the following except:

     
 

 

 

 

     

 

   
 

13, The Ontario Human Rights Tribunal may refuse to deal with an application if the applicant has waited longer than:

     
       
  • Question 14

 

   
 

The human rights concept of “inclusive design” specifically means that:

     
       
  • Question 15

 

   
 

Providing a voice synthesizer to help a physically disabled employee perform an essential job duty is an example of:

     
       
  • Question 16

 

   
 

Which party (or parties) has the burden of proof to show that accommodating an employee would constitute “undue hardship”?

     
       
  • Question 17

 

   
 

In the Hydro-Québec
case, the Supreme Court of Canada decided that the “duty to accommodate” requires an employer to:

     
       
  • Question 18

 

   
 

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?

     

 

     
  • Question 19

 

   
 

The majority of decisions on human rights applications in Ontario are made by:

     
 
     

 

   

 

 

Question 20 Where an employee files a human rights application with the Ontario Human Rights Tribunal, under the Code, an employer generally has:

     

 

     
           
  • Question 21

 

   
 

Which one of the following statements related to an employer’s duty to accommodate the use of marijuana for medical purposes is NOT true:

     
       
  • Question 22

 

   
 

Which of the following is NOT true during an investigation of alleged sexual harassment?

     
       

 

   
 

Question 23 Which one of the following is an example of ableism:

 
 
 
 
     
     
             
  • Question 24

 

   
 

In French v Selkin Logging Ltd the human rights tribunal found that accommodating French’s medical use of marijuana at his safety sensitive workplace constituted undue hardship because:

     
 

 

     

 

 

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