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Employment Law Flashcards | StudBud
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Employment Law
Employment Law
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1
Which of these would constitute constructive dismissal?
Change in working hours from 9-5 to 8-4
Change in a compensation package of 2%
A change in geographic location from Toronto to Vancouver
Change in cleaning duties from dusting to vacuuming and dusting
2
After one year of employment, you are entitled to two weeks vacation
False
True
3
can you dismiss someone unfairly if they have less than 2 yrs service
yes
no
4
The Employment Standards Act
Set the student minimum wage at $11.25
Cannot protect against people being penalized for sick days
Requires employees to give two weeks notice when quitting
Covers rights and responsibilities of employers & employees
5
This factor also helps to decide who is an employee or an Independent Contractor
Type of work
Knowledge
Skill
Education
6
What is NOT a reason for a teacher's dismissal?
Neglect of duty
Insubordination
Being late for class
Use of drugs or intoxicants
7
What is the purpose of the Employment standards Act?
To provide employment opportunities
To make the government more money.
To help vulnerable workers
So everyone understands rights and responsibilities at work
8
Workers who are terminated despite complying with the terms of their contract are said to be
discharged with cause
discharged without cause
discharged at will
independent contractors
9
The most important factor in determining employee vs independent contractor status is
hours worked
whether he is disclosed
detrimental reliance of the worker
amount of control by employer
10
Is Your Co-op Job Covered under the Employment Standards Act?
Yes
No
Only if you are over 16
Only Federal Jobs
11
What does the Employment Standards Act cover
entitlement to vacation time, overtime pay, and leaves.
It covers most workers in Ontario
It prevents abuse of an employee
All of the Above
12
Complaints about discrimination in a section 92 workplay workplace should be addressed to:
Canadian Human Rights Tribunal
Ontario Human Rights Tribunal
local newspapers
the police
13
What is the purpose of the Employment standards Act?
To make the government more money.
To provide employment opportunities
So everyone understands rights and responsibilities at work
To help vulnerable workers
14
What does the Employment Standards Act cover
All of the Above
It prevents abuse of an employee
It covers most workers in Ontario
entitlement to vacation time, overtime pay, and leaves.
15
What is harassment?
discrimination directed against a person or people on their differences.
the expression of criticism about something.
A behaviour that targets an individual or group.
treat with cruelty or violence.
16
Which of these is not covered by the Employment Standards Act?
Hours worked
Federal Employee standards
All of the these are not covered
Equality
17
Which of the following is an employment contract negotiated by an individual?
A federal award
A collective agreement
An enterprise bargaining award
A verbal agreement with an employer
18
what is an example of an employment regulation?
consumer protection
employment standards
environmental protection legislation
goods and services tax
19
What is Wrongful Dismissal or Termination?
Dismissed based on race, sex, religion, etc.,
Dismissed without proper reason and proper notice
Dismissed with reason
Both Answer 1 and 3
20
Which of the following is NOT a common discriminatory employment practice?
Help Wanted Ads
Educational Requirements
Overtime pay
Preference to Relatives
21
The most appropriate way to dismiss (fire) an employee would be:
Announcement at a staff meeting
Billboard
Face-to-face conversation
Carrier pigeon
22
This is NOT an element of constructive dismissal
Employee must leave the employment because of the conduct of the Employer
There must be a breach of the contract by the Employer
The breach of contract is trivial
The Employee must leave as soon as possible
23
Which one is not a dismissal
employee leaves to go to another job
employer terminates the contract
employee resigns on the basis of constructive dismissal
fixed term contract finishes
24
Demonstrating that a BFOR is required is the responsibility of:
Employer
Lawyers
Government
Employee
25
Labor Law is all about......
Rights at home
Right at marketplace
Rights at Workplace
Rights Of Students
26
A system to provide compensation and income support to injured workers is called?
Superannuation
Workcover
Workers Compensation
Disability Support
27
termination of employment by the employer because the job is no longer needed
Retirement
Resignation
Dismissal
Redundancy
28
Fill in the blank: 'If the tortfeasor is an independent contractor...
...the employer will have no liability for them whatsoever.'
...the employer will not be vicariously liable for them.'
...this will make no difference to the case at hand.'
...the employer may still be liable for them.'
29
In a contract of employment, punctuality
must be in writing
is an express term
must be clearly brought to the attention of the Employee
is an implied term
30
An individual employment agreement comes into effect once
the employer has offered you the job
you have applied for the job
the employer rings you & you accept the job over the phone
an offer and acceptance have been made in writing
31
which of the following groups is NOT in the Employment Equity Act designated groups
Visible minorities
Aboriginal people
Women
Individuals with disease
32
employment contracts are...
legally binding, formal agreement
enforceable by the government
necessary
legal
33
When acting as an employee rather than an independent contractor, a sales associate may be obligated to...
work set hours
personally pay all withholding taxes
list properties in the sale associate's own name
accept commission from another broker
34
Which of the following is true of an independent contractor?
is one who works as and when required.
works regularly for an employer.
receives benefits such as health insurance, bank loans, IRA
be a biz or corp. that provides goods/services w/out terms.
35
the employee can be dismissed for misconduct if there have been previous ?
telling off's
bad behaviour
informal warnings
formal warnings
36
What is a Labour Union?
a group of workers protecting their rights and interests
a group of workers that are homies #squa
a group of workers that like to work
a group of workers rebelling against employers
37
A small business owner can dismiss an employee without notice if the employee:
Leaves the work premises without an adequate reason
Commits assault (only)
Is guilty of serious misconduct
Verbally assaults the owner
38
What is the real meaning of duty to accomodate
A person can do their job all to their own choice
A person can’t do part of their job due to a disability
Employee will do hardships in job, if he or she is disable
Employer change the job to allow the person to do their job
39
You are not required by law to be honest on your job application.
True
False
40
What does BFOR stand for?
Best Friends Only Rap
Bona Fide Oppressive Regime
Bona Fide Occupational Responsibility
Bona Fide Occupational Requirement
41
An employment agreement may be terminated when the employee
is fairly dismissed
retires or resigns
is made redundant
does any of the above
42
Which is not a cause for dismissal
Neglect of conduct
insubordination
Using multiple sick days in a given month
immorality
43
Sexual harassment is
touching
offensive telephone calls
all of the above
requesting sexual favours
44
What hint can help in a smooth termination?
Giving absolutely no reason
Have someone else do it
Saying "You're Fired!" Repeatedly throughout
Conduct the meeting calm and be brief
45
Pay equity is:
the same as employment equity
equal pay for work of equal value
one of the benefits of high turnover
46
Who has the burden of proving constructive dismissal?
The Industrial Relations Office
Employer
The Industrial Court
Employee
47
The law for Ontario is called the:
Charter of Ontario Human Rights
Ontario Human Rights Code
Ontario Civil Code
Provincial Human Rights Act
48
the employee can dismiss for misconduct if there have been previous ?
telling off's
informal warnings
bad behaviour
formal warnings
49
In the event of an economic turndown..?
My employer can dismiss me with notice
My employer may dismiss me with cause
The notice provisions do not apply
My employer can provide me with less notice
50
which of these would violate an employment regulation?
firing an employee in an unfair manner.
not hiring someone because they are female.
not securing the health and safety of employees.
all of the above.
51
An employment relationship can be established without :
supervision and control
a specified duration
all of these
a contract to pay
52
What is Wrongful Dismissal or Termination?
Dismissed without proper reason and proper notice
Both Answer 1 and 3
Dismissed with reason
Dismissed based on race, sex, religion, etc.,
53
An independent contractor is an employee.
TRUE
FALSE
54
Remedies for Wrongful dismissal: Money Damages
For Mental Distress, connected to incorrect termination
Cover Notice period
All of these
Punitive Damages: Egregious conduct at dismissal
55
What is Workers' Compensation, in case of a workplace accident ?
compulsory for all businesses to have
all of the above
insurance to help prevent financial difficulty
laws that protect workers & employers in case of accidents
56
What does the Employment Standards Act cover
entitlement to vacation time, overtime pay, and leaves.
It covers most workers in Ontario
All of the Above
It prevents abuse of an employee
57
Systemic Discrimination refers to the discrimination against one person by another:
False
True
58
What is Employment Law?
The law that states all people over 18 must work
The right to work in Canada
The lawsuit against all employers who disobey their bosses
Governs the rights between individuals and their employers
59
Which of the following is not an example of unfair dismissal
Termination due to disability
Receiving notice as to why dismissal occured
Belief there was no valid reason for dismisal
Termination due to race
60
Workers Compensation is administered when..
You Get Fired
You Get injured on the job
You're homeless
You ask the boss nicely
61
Lying on your resume can be grounds for termination from a job.
FALSE
TRUE
62
When can the employer dismiss without notice and not wrongfully dismiss them?
unfair dismissal situations
Questionable Misconduct situations
Misconduct Situations
Gross Misconduct cases
63
Constructive dismissal..
When you hate your job and quit
Fundamental changes to employment terms, ee accepts or quit
You accept new job and give notice
Just cause
64
employment contracts are...
legal
enforceable by the government
legally binding, formal agreement
necessary
65
What is the example of harassment?
threatening, yelling and insulting.
polite, considerate and generous.
stereotyping, prejudice and bias.
understanding, loving and helpful
