Question 1

List several items that may be included in an employee's severance package.

Accepted Answer

The text lists ten items that may be included in a severance package:
-salary, commissions or bonuses owing
-benefits owing
-contributions to Canada Pension Plan
-contributions to registered retirement savings plans or private pension plans
-automobile allowance
-vacation pay and sick leave pay
-stock options
-employee discounts and staff loans
-reference letters

Question 2

Roy has missed 10 days of work this year as a result of a reoccurring viral illness.Although he has never missed more than two days of work in a row, his productivity has definitely been affected.Roy's employer has done the math and figured out that his absence from work has prejudiced its business interests.Which of the following is true?

Accepted Answer

A) The employer has just cause for dismissing Roy. 
B) Roy can be dismissed without notice on the basis of his repeated absenteeism. 
C) Roy's absenteeism is just cause so long as the employer documents the number of days missed and the lost productivity as a result. 
D) In order for absenteeism to be a just cause for dismissal, the employer must demonstrate that the employee was dishonest about his or her absence. 
E) The facts do not demonstrate just cause for dismissal without notice. 
A) The employer has just cause for dismissing Roy. 
B) Roy can be dismissed without notice on the basis of his repeated absenteeism. 
C) Roy's absenteeism is just cause so long as the employer documents the number of days missed and the lost productivity as a result. 
D) In order for absenteeism to be a just cause for dismissal, the employer must demonstrate that the employee was dishonest about his or her absence. 
E) The facts do not demonstrate just cause for dismissal without notice. E

Question 3

Indirect discrimination in the workplace

Accepted Answer

A) occurs when someone outside the employment setting behaves in a discriminatory fashion. 
B) does not involve adopting a rule or practice that treats a person differently. 
C) is an acceptable practice in some provinces. 
D) can be distinguished from direct discrimination on the basis of the wrongdoers intention. 
E) has an adverse effect on at least one employee. 
A) occurs when someone outside the employment setting behaves in a discriminatory fashion. 
B) does not involve adopting a rule or practice that treats a person differently. 
C) is an acceptable practice in some provinces. 
D) can be distinguished from direct discrimination on the basis of the wrongdoers intention. 
E) has an adverse effect on at least one employee. E

Question 4

Jerry is a 21-year-old waiter in Ontario.He is entitled to the same minimum wage as he would be if he lived in Quebec.

Accepted Answer

A) True 
 B)False

Question 5

Which of the following items may be required in an employment application without offending human rights legislation concerned with employment standard?

Accepted Answer

A) Specify an emergency contact and your relationship to that person. 
B) Are you legally entitled to work in Canada? 
C) Please specify marital status. 
D) What church do you go to? 
E) What clubs do you belong to? 
A) Specify an emergency contact and your relationship to that person. 
B) Are you legally entitled to work in Canada? 
C) Please specify marital status. 
D) What church do you go to? 
E) What clubs do you belong to?

Question 6

Summary dismissal

Accepted Answer

A) is the same thing as wrongful dismissal. 
B) means that the employee is dismissed without notice. 
C) means that the employer had just cause. 
D) means that the employee is dismissed with notice. 
E) means that the employee is dismissed with reasonable notice. 
A) is the same thing as wrongful dismissal. 
B) means that the employee is dismissed without notice. 
C) means that the employer had just cause. 
D) means that the employee is dismissed with notice. 
E) means that the employee is dismissed with reasonable notice.

Question 7

What is a release? Who signs it? The employer or the employee? Why?

Accepted Answer

A release is a promise by the employee t

Question 8

Legislation and common law precedents suggest that a prudent business manager should provide employers with a reasonable period of notice prior to dismissal.List four or five factors that the manager should consider when deciding on the reasonableness of the notice period to be provided.

Accepted Answer

The key factors that should be taken int

Question 9

Harry Palmer was employed by Jack Carter Corp for 27 years.His position was terminated when the company's founder died and his step-daughter, Jacqui Rogers, took control of the business.Harry, however, is not willing to go quietly.He believes that he was unfairly dismissed and he has threatened to bring the matter to court.In these circumstances, which of the following statements is most likely to be TRUE?

Accepted Answer

A) Regardless of what is contained in the parties' employment contract, Harry has a legal right to receive a settlement package. 
B) As a result of the Supreme Court of Canada's decision in Honda Canada, Harry is entitled to a minimum of $5000 for mental distress if he was unfairly dismissed. 
C) Even if Harry committed a crime while he was working, it was unlawful for Jack Carter Corp to dismiss Harry before a court actually entered a criminal conviction. 
D) Because judges recognize that everyone makes mistakes, the company could not possibly have been justified in firing Harry if it discovered that Harry had stolen from the company on a single occasion. 
E) If the company offers Harry the opportunity to resume employment with Jack Carter Corp, a judge may find that Harry unreasonably failed to mitigate if he refuses the offer. 
A) Regardless of what is contained in the parties' employment contract, Harry has a legal right to receive a settlement package. 
B) As a result of the Supreme Court of Canada's decision in Honda Canada, Harry is entitled to a minimum of $5000 for mental distress if he was unfairly dismissed. 
C) Even if Harry committed a crime while he was working, it was unlawful for Jack Carter Corp to dismiss Harry before a court actually entered a criminal conviction. 
D) Because judges recognize that everyone makes mistakes, the company could not possibly have been justified in firing Harry if it discovered that Harry had stolen from the company on a single occasion. 
E) If the company offers Harry the opportunity to resume employment with Jack Carter Corp, a judge may find that Harry unreasonably failed to mitigate if he refuses the offer.

Question 10

Which of the following adaptations to the workplace would not be required of an employer in order to comply with a duty to accommodate?

Accepted Answer

A) creating wheelchair access 
B) installing ergonomic workstations 
C) outfitting an office with a speaker-phone 
D) allowing dogs into the workplace 
E) successfully implementing an accommodation even though the employee did not take reasonable steps to assist the employer in that regard 
A) creating wheelchair access 
B) installing ergonomic workstations 
C) outfitting an office with a speaker-phone 
D) allowing dogs into the workplace 
E) successfully implementing an accommodation even though the employee did not take reasonable steps to assist the employer in that regard

Question 11

Employees (as opposed to independent contractors) are always entitled to reasonable notice or money in lieu regardless of the circumstances of their dismissal.

Accepted Answer

A) True 
 B)False

Question 12

The purpose of human rights legislation is remedial rather than punitive in nature.

Accepted Answer

A) True 
 B)False

Question 13

Suess was a model employee and future superstar in the corporation.Thinking that he was about to be offered a promotion, Suess was called into his manager's office where he was told that he was about to become the next victim of a projected economic downturn.To keep his job, Suess was told that he would have to take a 50 percent pay cut and move from Vancouver to Winnipeg.Which of the following is true?

Accepted Answer

A) Suess has been wrongfully dismissed. 
B) The projected future economic downturn was just cause for dismissal. 
C) Suess was entitled to a remedy for summary dismissal. 
D) Suess was constructively dismissed. 
E) Suess is obliged to move to Winnipeg or resign. 
A) Suess has been wrongfully dismissed. 
B) The projected future economic downturn was just cause for dismissal. 
C) Suess was entitled to a remedy for summary dismissal. 
D) Suess was constructively dismissed. 
E) Suess is obliged to move to Winnipeg or resign.

Question 14

Mr Plumber regularly carries out services for Big Irv's Plumbing supplies.Which of the following factors will the court consider when seeking to determine whether Mr Plumber is an employee or independent contractor of Big Irv's Plumbing?

Accepted Answer

A) Mr Plumber's prior work experience 
B) whether Mr Plumber owned the tools used to carry out services 
C) Big Irv's annual profit 
D) how long Mr Plumber has known Big Irv 
E) Mr Plumber's family relationship to the owner of Big Irv's 
A) Mr Plumber's prior work experience 
B) whether Mr Plumber owned the tools used to carry out services 
C) Big Irv's annual profit 
D) how long Mr Plumber has known Big Irv 
E) Mr Plumber's family relationship to the owner of Big Irv's

Question 15

An employer found by a court to owe its employee money in lieu of notice will never owe more than the amounts set out in employment standards legislation.

Accepted Answer

A) True 
 B)False

Question 16

Can an employee claim to have been dismissed even if they were not fired? Are there any remedies available in such circumstances?

Accepted Answer

An employee who is forced out of a job e

Question 17

Stanislov is terminated as a result of an economic downturn.He is given a severance package that includes monies owing for all statutory obligations.He is told that by cashing the cheque, he waives any and all right to sue his employer for further sums.Is this correct?

Accepted Answer

No.These amounts are owing to Stanislov.

Question 18

Big Brother Inc has instituted a new email policy for the workplace.In addition to outlawing the viewing of pornography and the dissemination of defamatory material, the policy also states that all email, both personal and otherwise, will be monitored by the corporation.In some provinces, this entire policy would be void since employee monitoring violates the human rights or privacy rights of the employees.

Accepted Answer

A) True 
 B)False

Question 19

From a risk management perspective, the value of a performance review is enhanced if

Accepted Answer

A) the employer provides the employee with two notarized copies of the review. 
B) the employer posts the review in a public area. 
C) the employer gives a day off to employees that receive outstanding reviews. 
D) the employer conducts the review in accordance with standard written valuation form. 
E) the employer tailors the review differently for each individual. 
A) the employer provides the employee with two notarized copies of the review. 
B) the employer posts the review in a public area. 
C) the employer gives a day off to employees that receive outstanding reviews. 
D) the employer conducts the review in accordance with standard written valuation form. 
E) the employer tailors the review differently for each individual.

Question 20

Which of the following is the clearest example of sexual harassment?

Accepted Answer

A) the employer paying women a lower rate to do the same work 
B) the employer requiring all women sales personnel to attend an evening cocktail party 
C) the employer intentionally asking a female colleague rather than a male colleague to attend a business dinner 
D) one colleague joking with another for the third time about going on a romantic weekend getaway together 
E) a worker complimenting another worker on that worker's new clothes 
A) the employer paying women a lower rate to do the same work 
B) the employer requiring all women sales personnel to attend an evening cocktail party 
C) the employer intentionally asking a female colleague rather than a male colleague to attend a business dinner 
D) one colleague joking with another for the third time about going on a romantic weekend getaway together 
E) a worker complimenting another worker on that worker's new clothes

Exam 25: Individual Employment

List several items that may be included in an employee's severance package.

Indirect discrimination in the workplace

Jerry is a 21-year-old waiter in Ontario.He is entitled to the same minimum wage as he would be if he lived in Quebec.

Which of the following items may be required in an employment application without offending human rights legislation concerned with employment standard?

Summary dismissal

What is a release? Who signs it? The employer or the employee? Why?

Legislation and common law precedents suggest that a prudent business manager should provide employers with a reasonable period of notice prior to dismissal.List four or five factors that the manager should consider when deciding on the reasonableness of the notice period to be provided.

Which of the following adaptations to the workplace would not be required of an employer in order to comply with a duty to accommodate?

Employees (as opposed to independent contractors) are always entitled to reasonable notice or money in lieu regardless of the circumstances of their dismissal.

The purpose of human rights legislation is remedial rather than punitive in nature.

Mr Plumber regularly carries out services for Big Irv's Plumbing supplies.Which of the following factors will the court consider when seeking to determine whether Mr Plumber is an employee or independent contractor of Big Irv's Plumbing?

An employer found by a court to owe its employee money in lieu of notice will never owe more than the amounts set out in employment standards legislation.

Can an employee claim to have been dismissed even if they were not fired? Are there any remedies available in such circumstances?

Stanislov is terminated as a result of an economic downturn.He is given a severance package that includes monies owing for all statutory obligations.He is told that by cashing the cheque, he waives any and all right to sue his employer for further sums.Is this correct?

From a risk management perspective, the value of a performance review is enhanced if

Which of the following is the clearest example of sexual harassment?

Risk Management and Sources of Law

Litigation and Alternative Dispute Resolution

Introduction to Torts

Intentional Torts

Miscellaneous Torts Affecting Business

Negligence

The Nature and Creation of Contracts

Consideration and Privity

Representations and Terms

Contractual Defects

Discharge and Breach

Contractual Remedies

Special Contracts: Sale of Goods

Real Property: Interests and Leases

Real Property: Sales and Mortgages

Personal Property: Bailment and Insurance

Intellectual Property

Electronic Commerce

Agency and Other Methods of Carrying on Business

Basic Forms of Business Organizations

Legal Rules for Corporate Governance

Secured Transactions

Dealing With Bankruptcy and Insolvency

Government Regulation of Business

Organized Labour

Online: Special Contracts: Negotiable Instruments

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