Question 1

Which of the following does not belong when considering how much notice an employee should receive when terminated?

Accepted Answer

A) Nature of employment 
B) Length of service with the employer 
C) Employee's age 
D) Availability of similar employment opportunities 
E) All belong 
A) Nature of employment 
B) Length of service with the employer 
C) Employee's age 
D) Availability of similar employment opportunities 
E) All belong E

Question 2

In which of the following scenarios would it be deemed that an act of constructive dismissal has occurred?

Accepted Answer

A) Polly, the sole female employee of a company, quit her job after being subjected to daily harassment owing to her religion. 
B) Vera quit her job as a result of her male colleagues consistently making sexually inappropriate remarks in the office. 
C) Harry, an assistant Vice President for ten years with his company, was demoted to Line Supervisor during a company restructuring process. 
D) All of the above 
E) None of the above. 
A) Polly, the sole female employee of a company, quit her job after being subjected to daily harassment owing to her religion. 
B) Vera quit her job as a result of her male colleagues consistently making sexually inappropriate remarks in the office. 
C) Harry, an assistant Vice President for ten years with his company, was demoted to Line Supervisor during a company restructuring process. 
D) All of the above 
E) None of the above. C

Question 3

Bob Blakemore is a pilot for Northern Airways. He's been working for the company for 15 years and has an excellent record. The company discovers that Bob has for some time now been charging for meals and hotel expenses on layovers in Whitehorse, even though he stays with his sister for free when he's there. This is contrary to company policy. The amount involved is not large in relation either to Bob's salary or to his allowable expenses. Nevertheless, Northern is very strict about such matters, and it summarily dismisses Bob. Which of the following statements is TRUE?

Accepted Answer

A) Bob's conduct constitutes dishonesty and is therefore just cause for dismissal. 
B) Dishonesty is an exception to the rule that an employee should be given an opportunity to change their behaviour. 
C) Misconduct gives just cause for dismissal if it completely destroys the relationship of trust that must exist between employer and employee. 
D) Dishonesty no longer automatically gives just cause for dismissal 
E) Both C and D 
A) Bob's conduct constitutes dishonesty and is therefore just cause for dismissal. 
B) Dishonesty is an exception to the rule that an employee should be given an opportunity to change their behaviour. 
C) Misconduct gives just cause for dismissal if it completely destroys the relationship of trust that must exist between employer and employee. 
D) Dishonesty no longer automatically gives just cause for dismissal 
E) Both C and D E

Question 4

Which of the following is NOT a relevant consideration in determining whether a person performing services for another in an employment relationship is an employee or an independent contractor?

Accepted Answer

A) Whether the individual has the potential to make a profit or a loss from the employment relationship 
B) The extent to which the individual is controlled by the employer in the performance of the agreed duties 
C) The amount of money being paid for the performance of the task. 
D) The fact that the parties call the relationship independent contractor 
E) All of the above are relevant considerations. 
A) Whether the individual has the potential to make a profit or a loss from the employment relationship 
B) The extent to which the individual is controlled by the employer in the performance of the agreed duties 
C) The amount of money being paid for the performance of the task. 
D) The fact that the parties call the relationship independent contractor 
E) All of the above are relevant considerations.

Question 5

When an employee has been fired without just cause, on what basis will a court award damages?

Accepted Answer

A) One month per year of service. 
B) Reasonable notice 
C) For junior employees, the notice period set out in provincial employment law 
D) for senior employees, the common law standard. 
E) One week per year of service 
A) One month per year of service. 
B) Reasonable notice 
C) For junior employees, the notice period set out in provincial employment law 
D) for senior employees, the common law standard. 
E) One week per year of service

Question 6

Which of the following would amount to just cause for firing an employee?

Accepted Answer

A) The employee got drunk at a local bar one evening after work during happy hour but got home safely without any trouble 
B) A caregiver employed to a children's daycare centre has been recently convicted of an act of sexual assault committed on an adult five years earlier. 
C) An employee's ex-wife is taking him to court for not paying his spousal support payments 
D) All of the above 
E) None of the above 
A) The employee got drunk at a local bar one evening after work during happy hour but got home safely without any trouble 
B) A caregiver employed to a children's daycare centre has been recently convicted of an act of sexual assault committed on an adult five years earlier. 
C) An employee's ex-wife is taking him to court for not paying his spousal support payments 
D) All of the above 
E) None of the above

Question 7

John Chilton was fired by his employer after five years of a reduction in staff. He was given severance pay of 8 weeks, as required by the provincial Employment Standards Act. He got a part-time job for three weeks immediately after being fired and has since collected employment insurance. Which of the following is NOT true?

Accepted Answer

A) Chilton is clearly not entitled to any further amount. 
B) Chilton is entitled to an amount equivalent to the period established by reasonable notice. 
C) The amount collected in employment insurance must be deducted from the reasonable notice calculation. 
D) The amount made in part-time employment must be deducted from the reasonable notice calculation. 
E) Chilton had a duty to mitigate his damages. 
A) Chilton is clearly not entitled to any further amount. 
B) Chilton is entitled to an amount equivalent to the period established by reasonable notice. 
C) The amount collected in employment insurance must be deducted from the reasonable notice calculation. 
D) The amount made in part-time employment must be deducted from the reasonable notice calculation. 
E) Chilton had a duty to mitigate his damages.

Question 8

Anna works for a company that has five employees. To which type of notice or pay in lieu of notice does she have the option to claim if fired?

Accepted Answer

A) termination under employment standards legislation 
B) severance under employment standards legislation 
C) notice under the common law 
D) A and C 
E) All of the above 
A) termination under employment standards legislation 
B) severance under employment standards legislation 
C) notice under the common law 
D) A and C 
E) All of the above

Question 9

Which of the following would not be considered a step in progressive discipline?

Accepted Answer

A) oral notice 
B) demotion notice 
C) rehabilitation 
D) mitigation 
E) suspension 
A) oral notice 
B) demotion notice 
C) rehabilitation 
D) mitigation 
E) suspension

Question 10

Which of the following factors will a court look at in deciding whether a person is an employee or an independent contractor?

Accepted Answer

A) The degree of control exercised over the person by the employer. 
B) Whether the person uses his own tools on the job. 
C) Whether the person bears the risk of a profit or loss from his work. 
D) Both A and B 
E) All of the above 
A) The degree of control exercised over the person by the employer. 
B) Whether the person uses his own tools on the job. 
C) Whether the person bears the risk of a profit or loss from his work. 
D) Both A and B 
E) All of the above

Question 11

Ruth Cohen is an Orthodox Jew. She works as a cashier at a grocery store that is open seven days a week. She is asked to work Friday nights because that is an unpopular shift, and she has the least seniority. She refuses, because Jewish Sabbath begins on Friday night and her religion prohibits her from working on the Sabbath. Her employer reluctantly fires her. Which of the following statements is TRUE?

Accepted Answer

A) The firing was contrary to human rights law because it was the result of discrimination based on religion. 
B) The employer has a duty to avoid discrimination practices, short of causing its business undue hardship. 
C) The employer could probably have accommodated Ruth by allowing her to work another time instead of Friday nights, such as Saturday nights. 
D) The store may be ordered to re-hire Ruth 
E) All of the above 
A) The firing was contrary to human rights law because it was the result of discrimination based on religion. 
B) The employer has a duty to avoid discrimination practices, short of causing its business undue hardship. 
C) The employer could probably have accommodated Ruth by allowing her to work another time instead of Friday nights, such as Saturday nights. 
D) The store may be ordered to re-hire Ruth 
E) All of the above

Question 12

Lenny Jones applied for employment with the Data Centre Corp. Upon completion of the interview process he was given a written contract of employment, but was not told that the Company had a manual which set out other terms and conditions regarding the employment of all employees. One year later, Lenny was terminated for returning from vacation and reporting back to work one day late. As justification for his termination, the managing director referred him to the manual that provided that unauthorized absences from work was cause for immediate dismissal. Which of the following statements best describes the legal position?

Accepted Answer

A) Lenny's employment was properly terminated in accordance with the employment manual as its contents are implied terms of the contract 
B) Lenny's employment was not properly terminated as it was not reasonable for the employer to terminate him for returning to work only one day late. 
C) As Lenny was not made aware of the employment manual at the time he was hired, its contents are not a part of the employment contract. 
D) Lenny's employment was properly terminated in accordance with the employment manual as he should have been aware of the contents of the employment manual and act in accordance with what it stated. 
E) Lenny's employment was properly terminated as the employer can set whatever standards it wishes its employees to abide by. 
A) Lenny's employment was properly terminated in accordance with the employment manual as its contents are implied terms of the contract 
B) Lenny's employment was not properly terminated as it was not reasonable for the employer to terminate him for returning to work only one day late. 
C) As Lenny was not made aware of the employment manual at the time he was hired, its contents are not a part of the employment contract. 
D) Lenny's employment was properly terminated in accordance with the employment manual as he should have been aware of the contents of the employment manual and act in accordance with what it stated. 
E) Lenny's employment was properly terminated as the employer can set whatever standards it wishes its employees to abide by.

Question 13

Which of the following is NOT a factor that may lead to the amount of damages that an employee may be awarded for wrongful dismissal being increased?

Accepted Answer

A) That the employee had been induced by the employer to come from another province or country to take up the employment 
B) That the employee has been a long standing employee of another company but had been induced by the employer to leave the previous employment 
C) That the employee, to the employer's knowledge had a significant amount of debts to pay. 
D) That at the time of the dismissal, the employee had a medical condition which made it difficult for him to find alternate employment. 
E) That the circumstances in which the employee was terminated were unduly harsh and embarrassing 
A) That the employee had been induced by the employer to come from another province or country to take up the employment 
B) That the employee has been a long standing employee of another company but had been induced by the employer to leave the previous employment 
C) That the employee, to the employer's knowledge had a significant amount of debts to pay. 
D) That at the time of the dismissal, the employee had a medical condition which made it difficult for him to find alternate employment. 
E) That the circumstances in which the employee was terminated were unduly harsh and embarrassing

Question 14

Local 1440 of the AEIOU, an international union, was on strike. Deborah Pike did not agree with the strike and crossed the picket line for work each day. This upset some of the strikers, so they picketed her house, walking up and down on the sidewalk in front. Which of the following is true?

Accepted Answer

A) The strikers have a right to picket Deborah's house as long as they remain on public property. 
B) The strikers have a right to picket Deborah's house because she is an employee of the business which is the target of the strike. 
C) The strikers have no right to picket Deborah's house. 
D) The strikers have a right to picket Deborah's house because she is a scab. 
E) The strikers have a right to picket Deborah's house as long as they are only attempting to communicate their message to her and not intimidate her. 
A) The strikers have a right to picket Deborah's house as long as they remain on public property. 
B) The strikers have a right to picket Deborah's house because she is an employee of the business which is the target of the strike. 
C) The strikers have no right to picket Deborah's house. 
D) The strikers have a right to picket Deborah's house because she is a scab. 
E) The strikers have a right to picket Deborah's house as long as they are only attempting to communicate their message to her and not intimidate her.

Question 15

Which of the following statements is TRUE?

Accepted Answer

A) the older the worker the less common law notice they will receive 
B) generally courts rarely will award more than 24 months common law notice 
C) junior employees have an easier time finding a new job than senior level employees 
D) the Bardal factors place considerable importance on how much money the employee was making 
E) the Bardal factors consider if the worker was single or married with many children to support 
A) the older the worker the less common law notice they will receive 
B) generally courts rarely will award more than 24 months common law notice 
C) junior employees have an easier time finding a new job than senior level employees 
D) the Bardal factors place considerable importance on how much money the employee was making 
E) the Bardal factors consider if the worker was single or married with many children to support

Question 16

Shana works for a large donut company chain. To which type of notice or pay in lieu of notice does she have the option to claim if fired?

Accepted Answer

A) termination under employment standards legislation 
B) severance under employment standards legislation 
C) notice under the common law 
D) A and C 
E) All of the above 
A) termination under employment standards legislation 
B) severance under employment standards legislation 
C) notice under the common law 
D) A and C 
E) All of the above

Question 17

Jenny Fine hired Samantha to work along with her in her clothing store for six months. The written contract which Samantha signed stated that Samantha was an independent contractor. Three months after Samantha started working with Jenny their relationship deteriorated and Samantha insisted that that she was in fact an employee and entitled to all the benefits that law gives to employees. Jenny disagreed and said the contract clearly stated that she was an independent contractor. If Samantha sues Jenny with her respect to her employment status and entitlements, which of the following statements will best describe the legal position?

Accepted Answer

A) The court must respect the classification placed by the parties on their relationship as they have freedom of contract. 
B) The court will conclude that Samantha is an independent contractor as she did not insist on any employment benefits at the start of the employment. 
C) The label placed by the parties on their relationship will not be definitive and the court will use various legal tests to ascertain the true position. 
D) The entire contact will be set aside where it is established that it is unfair to Samantha. 
E) Since Jenny owned the store and Samantha must be an employee. 
A) The court must respect the classification placed by the parties on their relationship as they have freedom of contract. 
B) The court will conclude that Samantha is an independent contractor as she did not insist on any employment benefits at the start of the employment. 
C) The label placed by the parties on their relationship will not be definitive and the court will use various legal tests to ascertain the true position. 
D) The entire contact will be set aside where it is established that it is unfair to Samantha. 
E) Since Jenny owned the store and Samantha must be an employee.

Question 18

The terms of a company's employment manual are never a term of the contract.

Accepted Answer

A) True 
 B)False

Question 19

New employees can always be asked to submit to drug testing as a condition of their employment.

Accepted Answer

A) True 
 B)False

Question 20

Which of the following is NOT normally found in a collective agreement:

Accepted Answer

A) A method for settling grievances 
B) A procedure for hiring new employees 
C) Prescribed notice periods for permanent termination of an employee's contract of service 
D) A method for determining lay-offs 
E) All of the above are usually found in collective agreements 
A) A method for settling grievances 
B) A procedure for hiring new employees 
C) Prescribed notice periods for permanent termination of an employee's contract of service 
D) A method for determining lay-offs 
E) All of the above are usually found in collective agreements

Which of the following does not belong when considering how much notice an employee should receive when terminated?

In which of the following scenarios would it be deemed that an act of constructive dismissal has occurred?

Which of the following is NOT a relevant consideration in determining whether a person performing services for another in an employment relationship is an employee or an independent contractor?

When an employee has been fired without just cause, on what basis will a court award damages?

Which of the following would amount to just cause for firing an employee?

Anna works for a company that has five employees. To which type of notice or pay in lieu of notice does she have the option to claim if fired?

Which of the following would not be considered a step in progressive discipline?

Which of the following factors will a court look at in deciding whether a person is an employee or an independent contractor?

Which of the following is NOT a factor that may lead to the amount of damages that an employee may be awarded for wrongful dismissal being increased?

Local 1440 of the AEIOU, an international union, was on strike. Deborah Pike did not agree with the strike and crossed the picket line for work each day. This upset some of the strikers, so they picketed her house, walking up and down on the sidewalk in front. Which of the following is true?

Which of the following statements is TRUE?

Shana works for a large donut company chain. To which type of notice or pay in lieu of notice does she have the option to claim if fired?

The terms of a company's employment manual are never a term of the contract.

New employees can always be asked to submit to drug testing as a condition of their employment.

Which of the following is NOT normally found in a collective agreement:

Fundamental Rights

The Canadian Court System

Intentional Torts

Negligence

Making Enforceable Business Agreements

Important Terms and Contract Interpretation

Contract Defects and Breach of Contract

Special Business Contracts and Consumer Protection

The Organization of a Business

Corporate Law and White-Collar Crime

Banking Disagreements and Secured Transactions

Bankruptcy

Intellectual Property and Computer Law

Real Estate and Insurance Law

Filters

Exam 13: Employment Law

Which of the following does not belong when considering how much notice an employee should receive when terminated?

In which of the following scenarios would it be deemed that an act of constructive dismissal has occurred?

Which of the following is NOT a relevant consideration in determining whether a person performing services for another in an employment relationship is an employee or an independent contractor?

When an employee has been fired without just cause, on what basis will a court award damages?

Which of the following would amount to just cause for firing an employee?

Anna works for a company that has five employees. To which type of notice or pay in lieu of notice does she have the option to claim if fired?

Which of the following would not be considered a step in progressive discipline?

Which of the following factors will a court look at in deciding whether a person is an employee or an independent contractor?

Which of the following is NOT a factor that may lead to the amount of damages that an employee may be awarded for wrongful dismissal being increased?

Local 1440 of the AEIOU, an international union, was on strike. Deborah Pike did not agree with the strike and crossed the picket line for work each day. This upset some of the strikers, so they picketed her house, walking up and down on the sidewalk in front. Which of the following is true?

Which of the following statements is TRUE?

Shana works for a large donut company chain. To which type of notice or pay in lieu of notice does she have the option to claim if fired?

The terms of a company's employment manual are never a term of the contract.

New employees can always be asked to submit to drug testing as a condition of their employment.

Which of the following is NOT normally found in a collective agreement:

Fundamental Rights

The Canadian Court System

Intentional Torts

Negligence

Making Enforceable Business Agreements

Important Terms and Contract Interpretation

Contract Defects and Breach of Contract

Special Business Contracts and Consumer Protection

The Organization of a Business

Corporate Law and White-Collar Crime

Banking Disagreements and Secured Transactions

Bankruptcy

Intellectual Property and Computer Law

Real Estate and Insurance Law

Filters