What percentage of employed Canadians who pay income taxes are subject to federal regulation as opposed to provincial regulation?
10%
In what way are a stipulation of a probation period and a stipulation of termination provision similar?
requisite content in an employment contract
Renee's employer operates on a policy of promoting from within based on seniority and the ability to competently perform in the position. Renee is 55 years old, and her seniority and experience place her first in line for a promotion to a newly vacant position. She has been informed by her employer that a younger person is preferred for the position. How should Renee pursue recourse in these circumstances?
file a complaint with her provincial human rights commission
Which of the following workplaces would most likely be affected by the Employment Equity Act?
railway company
Marjorie and Jean, human resource managers, are meeting to discuss the possible reaction of other employees to Hector, who has recently become blind. What is most likely the intention of this employer with respect to Hector?
to accommodate employees with special needs
What would a legal risk manager say offers the strongest support for an employer developing and implementing a workplace harassment policy?
The employer's liability remains intact, but penalties will be less or nonexistent.
Which of the following must private sector employees be concerned with, regarding their personal information?
the employer's control, collection, and use of their personal information
With respect to employment standards legislation, what is a valid difference between jurisdictions with respect to bereavement and sick leave?
Employees are entitled to be paid during leaves.
Which of the following most strongly supports the use of written employment contracts?
Written terms override terms implied by law.
What commonality exists in the employment relationships between an employer and an independent contractor and an employer and employee?
Work and services are exchanged for remuneration.
What was the impact of the Supreme Court of Canada's decision in its landmark case Honda Canada Inc v. Keys on the awarding of damages in cases of wrongful dismissal?
An arbitrary increase in an award for damages based on bad-faith dismissal is no longer appropriate.
In his decision in the case of a 55-year-old clerical worker with 35 years' experience, Mr. Justice McPherson's award of 20 months' reasonable notice on termination was viewed as a signal of the judiciary's willingness to re-examine the notice factors. That view became nebulous upon the Court of Appeal reducing the award to 12 months on appeal. Which of the following is a valid severe criticism of the Court of Appeal's decision in this matter?
It is repugnant to modern, contemporary Canadian social values.
The case of Dowling v. Halifax (City of), [1998] 1 S.C.R. 22, involved a long-serving employee entitled to 24 months' notice of termination. The employer reduced the notice period to six months due to an incident of inappropriate conduct. What was the position taken by the Supreme Court of Canada in this instance?
The reduction was rejected, and an assessment of reasonable notice was ordered.
Martina's company is downsizing, and she has been notified that her employment relationship will be terminated. She has been asked to give up her right of action with respect to the termination. What is the proper procedure to be followed by Martina?
to seek independent advice on the adequacy of the offer prior to signing a release
According to the Supreme Court of Canada, which of the following is an act of employer bad faith with respect to the termination of an employment relationship?
alleging cause for termination where there is none
On February 16, Angelina's doctor placed her on total disability, indicating her condition would likely take the next four months to resolve. On March 1, her employer delivered written notice to Angelina, advising her position of employment would terminate May 1. With regard to the reasonable notice principle, what would be the most likely outcome of any legal proceedings?
The judge will find that disability negates any advantage of having notice, rendering it ineffective.
Due to her firm's downsizing plans, Marina learned she would be expected to complete clerical work, at her current rate of pay, for five lawyers rather than two. After 25 years of service to the firm, Marina is unhappy with management's decision. Which of the following is her lawyer most likely to indicate as being a valid reason for launching a suit for wrongful termination?
Changing a fundamental term of an employee contract amounts to constructive dismissal.
Having recently saved the company a half a million in lost productivity, Stan was ill-prepared for the unexpected termination of his employment and the humiliation of being escorted from the building. He advised his lawyer that after 25 years of continuous service, his employment contract provided for an annual salary of $120 000, an annual bonus of no less than $35 000, and monthly fringe benefits of $100. What amount will Stan's lawyer ask a court for in damages?
$351 450
What is the role of the arbitrator in assessing whether the penalty imposed upon a unionized employee by their employer was appropriate in the circumstances?
to look for evidence of progressive discipline
An employee may have to decide between pursuing a claim for wrongful termination in the court system or through an employment standards tribunal. Before choosing the employment standards tribunal, which of the following should any employee be fully aware of?
Compensation is limited to an amount equivalent to the statutory period of notice.
Which of the following qualifies as a BFOR?
A legitimate business purpose and good faith occasioned its adoption.
In Canada, matters such as criminal record, ancestry, and political beliefs are all examples of prohibited grounds of employment discrimination. Which of the following is the most likely source of these types of prohibited grounds?
legislation in some jurisdictions
According to the Federal Court of Canada, what question must be asked at step 3 of the test used to determine the appropriateness of video surveillance?
Is the loss of privacy proportionate to the benefit gained?
Which of the following is a feature of Canada's Employment Equity Act?
targets underrepresentation of particular groups in workplaces of 100 or more employees
A judge is hearing a matter involving a claim for damages by an employee. The plaintiff alleges she suffered harm in the course of performing her employment duties, caused by a new manager's careless actions. Which of the following is a distinguishing characteristic of this type of action?
Claims alleging an employer's negligent hiring must prove fault by that party.
In which sector of employment would one have to be gainfully working in order to be entitled to 12 weeks of sick leave after completing three continuous months of employment?
federal government sector
In law, which of the following is synonymous with an employer's duty to accommodate?
an employer's obligation to modify work rules to the point of undue hardship
What is the legal term for the process by which a union is recognized as a bargaining agent for a group of employees?
certification
Although he has appropriate skills and training, Ranjit has been turned down for a job opening at a construction site because he cannot remove his turban based on his religious beliefs and is unable to wear a hardhat. What would a human rights commission most likely determine if Ranjit was to make a complaint?
adverse effects discrimination based on a bona fide occupational requirement
What is the most common defence to an allegation of employment-related discrimination?
bona fide occupational requirement
Kyrie has filed a wrongful termination suit alleging bad faith on the part of her former employer of nine years. At the time of her dismissal from her law clerk position, Kyrie earned $52 000 annually and fringe benefits of $100 per month. What damage award has Kyrie's lawyer suggested could be awarded under the labour standards legislation in these circumstances?
$11 200
Why is specific performance or reinstatement rarely an option provided by the courts to an employee claiming wrongful termination from a position in the non-unionized sector?
Common law views the employment relationship as irreparably damaged.
Which of the following is a distinguishing characteristic of the collective agreement, with respect to challenging an employer's decision to terminate an employment relationship with a unionized employee?
The employee is limited to proceeding through the grievance process.
Which of the following would be included in the monies prescribed by legislation as due and owing to an employee at the time of their termination?
statutory entitlement to severance pay
Fatima has worked as a paralegal with Shep & Shap LLP for 15 years. The firm began to downsize, and Fatima received notice of termination that she considers to be inadequate. What term of reasonable notice would Fatima's lawyer believe she is entitled to receive?
15 months
A court is hearing a matter regarding an alleged wrongful termination involving serious allegations of employee dishonesty. What must the court consider to arrive at its decision?
the nature and context of any dishonesty
During a meeting with in-house counsel, the human resource manager identified something as being easy to articulate but difficult to apply. Which of the following was the manager most likely referring to?
grounds for dismissal
Why are employees who have been terminated for cause more likely to commence a legal action for wrongful dismissal?
Dismissal for cause disentitles the employee to any compensation.
In a matter involving an alleged wrongful termination of employment, why would a lawyer encourage the dismissed employee to commence an action for defamation against the employer?
Higher damages and the possibility of a punitive damage award for defamation will result.
The defendant's counsel argued his client's termination of the plaintiff's employment without notice after one incident of incompetence was justified. The court ruled in favour of the defendant. Which of the following would most strongly support the trial judge's decision in these circumstances?
The employee falsely claimed to possess the requisite skills.
Which of the following is a form of discrimination that all governments, with the exception of Ontario and Quebec, have failed to address with respect to the employment circumstances of Canadian women employed in the private sector?
pay equity
Six months ago, Mr. Black was hired to manage Tamara's department. Since then, she has reported two incidents of sexual harassment to her human resources manager. Tamara is now very uncomfortable under Mr. Black's supervision, and her health and work performance have suffered. Which of the following is a valid concern for the company's human resources manager in these circumstances?
Employer liability for negligent hiring is the incentive for the prevention of such torts.
Ted is a freelance writer and has arranged to meet with Bert at 2:30 to discuss an article Bert's company would like pay Ted to write. If Ted undertakes this project, which of the following will most likely result?
An independent contractual arrangement will be drawn up.
What legislation is based on the basic concept that the employer and employee contribute to a fund that provides insurance against loss of income?
the Employment Insurance Act
Which of the following would be most strongly supported by the need for an employer to establish the lack of consent to a prohibited act, its reasonable steps to prevent the act being committed, and subsequent reasonable steps to mitigate or avoid the act's consequences?
due diligence defence
After the amalgamation of Satellite Sounds Ltd. with RMK Broadcasting Inc., human resource managers were assigned the task of changing job duties and reassigning responsibilities among the amalgamated workforce. What is the source of the employer's ability to effect changes of this nature without incurring liability to the amalgamated employees?
the recital of management rights in employment contracts
What body of law has been amended to impose a new legal duty on organizations and individuals to protect the health and safety of workers?
the Criminal Code of Canada
Which of the following would be strongly influenced by the combined effects of many rules, practices, and policies that lead to a discriminatory outcome?
systemic discrimination
What is the role of the term "compensation" with respect to the essential content of an employment contract?
it refers to wages, bonuses, and salary
Nabamie's job involves investigating complaints and, when necessary, issuing orders requiring compliance with the law. What is Nabamie's occupation?
employment standards officer
An investigation into habitual absenteeism revealed Howard had a second, part-time job. When the work schedules occasionally conflicted, he claimed absence due to illness from his full-time job. By doing so, he received sick pay from one employer while earning a wage from the second. Would the employer be justified in terminating Howard?
Dishonesty on Howard's part would justify termination in this instance.
How should an employee reconcile the duty to uphold the public's interest with the duty of loyalty and good faith to an employer with respect to exposing corporate wrongdoing?
Public interest must always prevail.
Before making any changes affecting Kim's job, his human resources manager discussed the nature of the changes and the necessity for them. She asked Kim to assess the impact of the changes for the ensuing month. What is the human resource manager's motive for handling the proposed changes to Kim's employment arrangement in this manner?
to minimize the risk of triggering a constructive dismissal
To which of the following are factors such as the age of the employee and his or her attachment to the community relevant in employment law?
determining whether a duty to mitigate requires an employee to move
All week, Jeff consistently ran the Naked News on his computer while Tess was present taking instruction on his files. Despite her obvious discomfort and repeated requests that he turn the program off, Jeff, a senior partner, ignored the requests. Would a claim for constructive dismissal be justified in this instance?
A claim is justified by proving a poisoned or intolerable work environment.
Alex's employment has been terminated due to a recent amalgamation. She met with Roger, the human resources senior manager, and reviewed the severance package being offered to her. Roger indicated that in his view the package was very generous and would expire at the end of the day. He urged Alex to accept the deal and sign a release, which she did. Why will Alex NOT be legally bound by the terms of the severance package or the release?
She was not given sufficient time to consider the package and to obtain independent legal advice.
Which of the following is equally influenced by collective agreements and individual employment contracts?
the implied term of just cause
Which of the following will be the result if an employee breaches the duty of loyalty and good faith to his or her employer?
dismissal, due to the employee's conflict of interest
According to policy, Celine's employer has accumulated a number of minor incidents in her employee performance records over the course of her three years with the organization. If her employer anticipates that it may be necessary and advantageous to terminate Celine's employment, which of the following would strongly influence the decision?
duty to warn
Jocelyn was notified of her pending transfer to Calgary, where she would manage a satellite office. At 58 years old, she is comfortable residing in the small French-speaking community where she grew up. The chances of her being able to speak her first language in Calgary are slim. Assuming that Jocelyn's contract is silent regarding transfers, what will most likely be the result if Jocelyn refuses the transfer and sues?
The court will find there has been a breach by the employer, as the unilateral change would trigger a constructive dismissal.
What commonality do casual workers, some part-time workers, and agricultural workers share?
exclusion from entitlement to employment insurance benefits
Which of the following is one of the purposes of occupational health and safety legislation?
to allow workers to receive compensation for workplace injuries
Marne's contract states her employment arrangement is for one year, while Brelle's contract is silent on that point. In what way are Marne's employment obligations different from Brelle's?
Brelle must give notice of termination.
Hamal asked Rolene to a lunch meeting. During lunch, he suggested Rolene would enjoy better remuneration and opportunities for advancement with his company. One week later, Rolene gave her employer one month's notice of her termination of employment. In these circumstances, which of the following would provide the strongest support for a legal action by Rolene's former employer?
Rolene's past employer may sue Hamal for inducing breach of contract.
Rose's lawyer obtained compensation for her loss of income, emotional stress, and expenses incurred in finding a new job. Rose hadn't contemplated her position being terminated when she accepted the position 18 months ago. To receive an award for these types of damages, which of the following must Rose's lawyer have had to rely on as the grounds for her claim?
breach of oral promise
What governing body was given the role of enforcing employment equity legislation?
the Canadian Human Rights Commission
Tegral hosts a nightly newscast on CWB. What would be the most likely result if Tegral becomes injured in the course of his employment?
He will be protected and compensated by federal legislation.
In the case of RBC Dominion Securities Inc. v. Merrill Lynch Canada Inc., 2008 SCC 54, the court stated that "the duty does not necessarily extend to preventing parting employees from taking client information...." In this instance, what duty is the Supreme Court referring to?
the duty of confidentiality
The Prairie Clerical Workers Union has just received recognition as the bargaining agent for a group of employees. What action would the union president most likely immediately undertake?
substantive collective bargaining efforts to secure a collective agreement
Which of the following is a unique feature of an employment contract involving the inclusion of benefit packages, job descriptions, and company rules and policies?
inclusion by reference
After three years of stellar performance, Roddy has begun to miss deadlines. After missing the third deadline, his human resource manager met with Roddy and gave him his first written warning. In this situation, what is the role of the duty to warn?
to inform the employee of the consequences of failing to improve
Which of the following is required to determine whether an employee's conduct justifies dismissal?
assessment of context and circumstances
With respect to punitive damages, what is meant by the statement "the employer's bad faith acts must be so malicious and outrageous that they are deserving of punishment on their own"?
To attract punitive damages, conduct must amount to an independent actionable wrong.
Which of the following cases set out the factors to be considered in determining quantum of appropriate notice on termination of employment as endorsed by the Supreme Court of Canada?
Bardal v. Globe & Mail Ltd. (1960) 24 D.L.R. (2d) 140 (Ont. H.C.)
