Employment Law Quiz - Chapter 6 onwards

Question 1

Ontario’s Pay Equity Act applies to all provincially regulated private sector employers that have:

Answer 1

10 or more employees

Question 2

Ontario’s “equal pay for equal work” requirements are found in the:

Answer 2

Employment Standards Act

Question 3

Generally speaking, under Ontario’s Pay Equity Act, a job class is considered “female-dominated” when at least

Answer 3

60% of the incumbents are female

Question 4

Which one of the following is NOT true of jobs that are part of the same female job class

Answer 4

the jobs have only female incumbents

Question 5

“Job rate” is defined as:

Answer 5

the highest rate of pay

Question 6

Which one of the following statements is not true concerning the job evaluation process under the Pay Equity Act?

Answer 6

employees in both male and female job classes can file a complaint under the PEA that their work is undervalued

Question 7

The process of achieving pay equity involves a number of steps. What is the step that immediately follows after the employer places jobs into job classes?

Answer 7

the step of determining the gender predominance of each job class

Question 8

Under the job evaluation method called “the point factor system”, the employer decides on a total number of points and then attributes points to each factor and sub-factor chosen, based on the weight given to it. For example, if the total number of points is 1,000, and skill is weighted at 30% of total value (e.g. 10% interpersonal skills, 8% knowledge, and 12% problem-solving), the factor of “knowledge” would be worth

Answer 8

80 points

Question 9

Under Ontario’s Pay Equity Act, different pay levels are permitted between comparable male and female-dominated jobs if the pay differential results from one of a list of acceptable factors. Which one of the following is NOT one of those acceptable factors?

Answer 9

a senior executive exception

Question 10

Ontario’s Pay Equity Act is aimed specifically at addressing the historic undervaluation of work performed mainly by

Answer 10

women

Question 11

In 2015 the Ontario Minister of Labour appointed special advisors to review and update the ESA, especially as it relates to protecting workers in precarious jobs. (see pg. 239) This eventually resulted in the passage of Bill 148 which made massive changes t:o the ESA, including providing greater scheduling protections and equal pay for equal work regardless of employment status. However, these changes were repealed (reversed) about a year later by:

Answer 11

Bill 47

Question 12

TRUE OR FALSE: If a worker is an independent contractor, rather than an employee, that worker is not covered by the protections of the Employment Standards Act.

Answer 12

TRUE

Question 13

The key purpose of Ontario’s Employment Standards Act is to establish:

Answer 13

minimum terms of employment in provincially-regulated workplaces throughout Ontario

Question 14

TRUE OR FALSE: Enforcement of the ESA is a complaint-based process. (p. 239) In other words, employees who think they have not received what they’re entitled to under the Act, file a complaint with the Ministry of Labour. (Unionized employees generally file a grievance as set out in their collective agreement.)

Answer 14

FALSE

Question 15

Bert works at a bank in Toronto and wants to know what his basic statutory rights are in terms of vacation time, overtime pay, etc. He should look at: (See pg. 240)

Answer 15

the Canada Labour Code

Question 16

According to Ontario’s ESA,most employee records generally have to be kept at least: (p. 241)

Answer 16

3 years

Question 17

Under Ontario’s ESA, employers must provide every employee with a copy of : (p. 241)

Answer 17

a Ministry of Labour poster in English that summarizes basic employment standards

Question 18

When employment ends, all outstanding wages, including vacation pay, must be paid no later than: (see pg. 241)

Answer 18

7 days after employment ends or on the employee’s next regular payday, whichever occurs later

Question 19

An employer is prohibited from withholding or deducting any wages payable to an employee unless the employer is

obliged to do so by statute (e.g. EI premiums);
obliged to do so by a court order (e.g. garnished wages); or
is authorized by the employee to do so. (see pg. 243)
In this last case the authorization must be ……

Answer 19

in writing and include specific information concerning the amount of money to be deducted and the method of calculating it

Question 20

One day Bert, a waiter at a high end restaurant, accidentally broke several expensive plates. Bert’s employer is now telling him that their cost will be deducted from his wages because he had previously signed a written authorization allowing such a deduction. Which one of the following is true? (Ch. 243-4)

Answer 20

This deduction does not comply with Ontario’s ESA because the signed authorization is not effective where the loss is based on faulty workmanship.

Question 21

The purpose of agreements to vary is to enhance the flexibility of employment standards by (p. 245-6)

Answer 21

allowing employers and employees to agree to vary four particular standards under Ontario’s ESA

Question 22

Which of the following is NOT one of the standards that can be modified (under an agreement to vary under Ontario’s ESA? (p. 244-5)

Answer 22

to reduce the applicable minimum wage

Question 23

Effective Oct. 1, 2022, the general minimum wage in Ontario was increased to (must update through the internet):

Answer 23

$15.50 per hour

Question 24

Aida, a 17 year old student, works 16 hours a week in a hair salon during the school term. As of Oct. 1, 2022, what is the minimum hourly wage that her employer can pay her? (Must update through the internet)

Answer 24

$14.60

Question 25

Sal, who is 34 years old, works in a retail clothing store. His pay is based entirely on commission. Last week he worked 40 hours and earned $400. By how much does his employer have to “top up” his wages for that week? (p.249-250, must be updated to reflect current minimum wage)

Answer 25

$220

Question 26

Under Ontario’s ESA, the general rule (before looking at any exceptions) is that the maximum number of hours that an employee can be required to work is 8 per day (or if the employer has established a regular workday longer than 8 hours, the number of hours in that day), and (P. 252)

Answer 26

48 hours in a week

Question 27

Under Ontario’s ESA, overtime pay ( at a rate of 1.5 times the employee’s regular hourly rate of pay) is payable after: (pg. 256)

Answer 27

44 hours in a week

Question 28

Shanez is the manager in a bookshop. When it’s busy (i.e. most lunch hours) Shanez helps out at cash; the rest of the time she performs supervisory and managerial duties only. Shanez regularly works about 50 hours a week. Which one of the following is true, with respect to the overtime pay requirements under Ontario’s ESA? (p. 256 - 8)

Answer 28

Shanez’s employer has to pay her overtime pay because she is performing non-managerial work on a regular (non-exceptional) basis.

Question 29

Myron works 52 hours in Week 1 and 40 hours in Week 2. With an averaging hours agreement the ER must pay Myron at the overtime rate for: (p. 258)

Answer 29

2 hours each week

Question 30

George has worked for ABC Co. for over 14 years. According to Ontario’s ESA, ABC Co. must provide George with at least ______ weeks of vacation time this year. (p. 261-2)

Answer 30

3 weeks

Question 31

Zhou has worked for his employer for 4.5 years. In 2021 Zhou earned $100,000 as a physiotherapist (including $10,000 in overtime pay) Under the ESA, for 2021 Zhou is entitled to receive vacation pay of at least: (p. 262)

Answer 31

$4,000

Question 32

Which one of the following is NOT one of the 9 statutory public holidays under Ontario’s ESA? (p. 263)

Answer 32

Civic Holiday (first Monday in August)

Question 33

Bazz works 4 shifts per week. He earned $800 in regular wages in the 4 week pay period immediately preceding the public holiday (i.e. Thanksgiving Monday, 2022). How much is Bazz entitled to be paid for that public holiday? (p. 265)

Answer 33

$40

Question 34

How many statutory leaves are there now under Ontario’s ESA? (see pg. 268).

Answer 34

14

Question 35

In most circumstances, under Ontario’s ESA, job-protected pregnancy leave is: (See pg. 268)

Answer 35

17 weeks

Question 36

Generally-speaking, how many weeks of job-protected statutory parental leave is an adoptive father entitled to receive? (p. 270 -1)

Answer 36

up to 63 weeks

Question 37

Under amendments to the ESA passed on April 29th, 2021, employees in Ontario are entitled to take up to ____ paid days of “infectious disease emergency leave” (see internet):

Answer 37

3

Question 38

Domestic or sexual violence leave is given to employees under certain circumstances to, among other things, seek medical attention, procure victim services, or pursue police or legal assistance. The length of this entitlement is: (p. 275)

Answer 38

up to 10 days and 15 weeks per year (the first 5 days of which must be paid for by the employer)

Question 39

Under the ESA’s Family Medical Leave provisions, an employee may take up to _____ weeks of unpaid leave to care for a gravely ill family member who is at risk of dying within the next 52 weeks. (p. 276)

Answer 39

28 weeks

Question 40

What is the name of the statutory leave under which employees can take up to 8 weeks of unpaid leave to provide care and support to a family member and certain others who have a “serious medical condition” (p. 277)

Answer 40

family caregiver leave

Question 41

How long is the unpaid leave that a parent is entitled to receive to tend to their critically ill child if that child is 18 years or older? (p.. 277)

Answer 41

17 weeks

Question 42

Job-protected, unpaid crime-related child disappearance leave (p. 278) is up to:

Answer 42

104 weeks

Question 43

Which one of the following job-protected, unpaid statutory leaves under the ESA would apply where a public health emergency (e.g. such as the SARS epidemic) has been declared and an employee is unable to attend work as a result: (see pg. 279)

Answer 43

Declared emergency leave

Question 44

Job-protected, unpaid Reservist leave applies only to reservists who have worked at least ____ for that employer. (See pg. 279)

Answer 44

6 months

Question 45

Organ donor leave is up to (See pg. 279)

Answer 45

13 weeks (with a possible extension)

Question 46

Jacob is returning from a statutory (parental) leave tomorrow and his boss is now telling him that someone else is performing his pre-leave job so he will be returning to another, comparable job. Under Ontario’s ESA, does Jacob’s employer have the right to do this? (p. 280)

Answer 46

No, because Jacob has the right to return to the pre-leave job unless it no longer exists for reasons unrelated to his leave.

Question 47

Which of the following is NOT true concerning ESA protections for “agency employees” (i.e. employees who find work through a temporary help agency) (p.283-5)?

Answer 47

agency employees must receive at least one month’s notice or pay in lieu of notice if an assignment that was estimated to last three months or more is terminated before its estimated end date

Question 48

Calculating Public Holiday Pay using the Ontario Ministry of Labour’s Self-Service Tool at https://www.apps.labour.gov.on.ca/es-self-service-tool/

Find out Jossie’s holiday pay for Victoria Day (May 23, 2022) if she worked that day and did not take a substitute day off.

Assume that Jossie:

earns $20.00 per hour

works 40 hours per week

is over 17

works exclusively as a cashier

Her work week begins on Mondays and she earned $800 in each of the four weeks before the holiday holiday.

When asked “ Was vacation pay paid during the four work weeks before the public holiday?” say “No”

Answer 48

$400.00

Question 49

An employee must file their claim for unpaid wages within ______ years of the date from when the employer failed to pay those wages. (p. 287)

Answer 49

2

Question 50

The maximum amount of money that a Ministry of Labour officer can order an employer to pay to an employee for violating ESA minimum standards is: (p. 289)

Answer 50

There is no limit.

Question 51

Generally speaking, PIPEDA’s requirements do NOT apply to the personal information of __________ held by provincially regulated employers in Ontario.

Answer 51

Employees

Question 52

Which one of the following provinces has NOT yet passed privacy legislation that covers general personal information?

Answer 52

Ontario

Question 53

Under PIPEDA, employers are required to respond to employees’ requests for access to personal information being held about them as soon as possible and no later than

Answer 53

30 days after the request is made

Question 54

In Centre for Addiction and Mental Health v Ontario Public Service Employees Union, the employer decided to conduct surveillance on one of its employees because it wanted to investigate a report that he was working elsewhere while on paid suspension. Upon his return from suspension, the employee claimed that an aversion to water prevented him from performing alternative work in the kitchen (i.e., washing dishes) that the employer offered to him. However, during the video surveillance he had been captured on tape watering his lawn. In the grievance arbitration related to his subsequent dismissal, the arbitrator decided that the videotaped evidence showing him watering his lawn

Answer 54

was inadmissible because the initial reason for the surveillance was not reasonable

Question 55

In Colwell v Cornerstone Properties Inc., the court found that the Ontario employer’s covert surveillance of its employee

Answer 55

constituted constructive dismissal under the common law

Question 56

Which one of the following is NOT true?

Answer 56

In Ontario, PIPEDA prohibits an employer from conducting video surveillance of a non-union employee in the workplace without the employee’s written consent.

Question 57

Section 5(3) of PIPEDA states that “An organization may collect, use or disclose personal information only for purposes that a(n) ______________ person would consider appropriate in the circumstances”.

Answer 57

reasonable

Question 58

Effective Oct. 11, 2022, Ontario employers that employ ___ or more employees on January 1 of any year must have a written policy on electronic monitoring.. If the employer does monitor its employees electronically, the policy must include:

a description of how, and in what circumstances, the employer may electronically monitor employees
the purposes for which the employer may use the information obtained through electronic monitoring
the date it was prepared and the date any changes were made to the policy

Answer 58

25

Question 59

Which one of the following individuals would have their personal information, held by these organizations, protected by PIPEDA’s 10 principles?

Answer 59

A member of a fitness club in Hamilton, Ontario

Question 60

PIPEDA stands for:

Answer 60

Personal Information Protection and Electronic Documents Act

Question 61

Well-drafted employer policy manuals serve several important purposes. Which one of the following statements related to an employer policy manual is NOT true?

Answer 61

It should assure employees that the steps laid out in the progressive discipline policy will be always followed, without exception.

Question 62

In Blackberry Limited v Marineau-Mes, a former employee argued that the six-month notice of resignation requirement in his employment contract was unenforceable. The court decided that the requirement was

Answer 62

enforceable because the plaintiff continued to be paid and six months was standard in the industry

Question 63

The practice of progressive discipline first arose

Answer 63

in unionized workplaces

Question 64

Despite the significant number of employment-related statutes, the underlying framework of a non-union employment relationship is

Answer 64

the individual employment contract

Question 65

In non-unionized workplaces, which one of the following steps in the progressive discipline process is often left out because of its possible legal implications?

Answer 65

suspension without pay

Question 66

Which one of the following is NOT a benefit of conducting an exit interview of a departing employee?

Answer 66

it provides an opportunity for the employee’s direct supervisor to have a final, face-to-face, confidential meeting

Question 67

Condonation refers to a situation where

Answer 67

an employer is aware of misconduct but takes no disciplinary action within a reasonable time

Question 68

Vicarious liability refers to a situation where

Answer 68

the employer is held legally responsible for the actions of its employees, even when it was not negligent

Question 69

To ensure that offering an early retirement incentive package does not constitute age discrimination, an employer should

Answer 69

make sure the eligible employee understands the attractiveness of the offer by, for example, holding a number of meetings to explain it

Question 70

To establish that it had just cause to dismiss an employee, an employer must show both that the alleged misconduct took place and that the nature or degree of misconduct warranted dismissal, keeping in mind all relevant circumstances. Which one of the following is NOT one of the factors that courts normally consider in deciding whether the employer had just cause to dismiss the employee?

Answer 70

the employer’s size and financial health

Question 71

In a legal dispute concerning whether or not an employer had just cause to dismiss an employee:

Answer 71

the onus is on the employer to show that, on a balance of probabilities, it had just cause

Question 72

Which one of the following legal concepts do courts now apply in determining whether an employer had just cause to terminate an employee?

Answer 72

proportionality

Question 73

Which one of the following was the landmark Supreme Court of Canada decision that established the need to take a contextual approach in determining whether an employee’s dismissal was for just cause?

Answer 73

McKinley v BC Tel

Question 74

Which one of the following Canadian jurisdictions does not have legislated “unjust dismissal” provisions (i.e. provisions that provide for reinstatement as a possible remedy for a long service non-union, non-management employee who has been dismissed without just cause?)

Answer 74

Ontario

Question 75

Which one of the following is true?

Answer 75

In Ontario, in most situations an employer cannot require an employee to retire when they reach a certain age.

Question 76

The term “statutory severance pay” refers to

Answer 76

A terminated employee’s severance pay entitlements under the ESA

Question 77

Under Ontario’s ESA, what is the minimum statutory termination notice or pay in lieu of notice required for an employee who has worked for an employer for 4½ years and who is permanently laid off at the same time as 49 other employees?

Answer 77

8 weeks

Question 78

Under Ontario’s ESA, what is the amount of individual termination notice or pay in lieu of notice required for an employee with 7½ years’ service?

Answer 78

7 weeks

Question 79

An employee who decides to begin a court action for wrongful dismissal after filing a claim under the ESA must withdraw the statutory claim within:

Answer 79

two weeks of filing the claim

Question 80

To remain eligible for statutory severance pay, an employee who has received notice of termination and wishes to resign during the notice period must give the employer at least:

Answer 80

two week’s written notice of resignation

Question 81

Under Ontario’s ESA, to be effective, a notice of termination must:

Answer 81

be in writing and clearly set out the date of termination

Question 82

What is the minimum termination and severance payment required under Ontario’s ESA for an employee who has worked for an employer for 13½ years and who is terminated without cause? (The employer has a payroll of $4 million.)

Answer 82

8 weeks notice or pay in lieu and 13 1/2 weeks’ statutory severance pay

Question 83

The purpose of statutory termination notice (or pay in lieu of notice) is to

Answer 83

provide the employee with time to find a comparable job while still receiving income

Question 84

Under the ESA’s continuity of service rule, employees who continue to work for a new owner of a former employer’s business retain their length of service. However, there is an exception where there is a gap between the employee’s employment with the former employer and the new employer of at least

Answer 84

13 weeks

Question 85

Under Ontario’s ESA, an order to pay termination or severance pay cannot exceed

Answer 85

there is no monetary cap

Question 86

An employee who is hired for a fixed term or task is not entitled to ESA termination notice or pay in lieu of notice unless that term or task lasts more than

Answer 86

12 months

Question 87

Which one of the following is NOT true?

Answer 87

The maximum amount of statutory severance pay payable to a dismissed employee under the ESA is 20 weeks’ pay

Question 88

Which of the following is NOT one of the factors a court will consider in determining reasonable notice damages under the common law?

Answer 88

the employer’s size and financial health

Question 89

According to Mifsud v MacMillan Bathurst, an employee who has been constructively dismissed has a duty to mitigate (lessen) damages suffered by accepting the altered job offered by the employer where

Answer 89

the salary and working conditions remain the same and the working relationships are not acrimonious

Question 90

Wrongful dismissal actions may be heard in Small Claims Court as long as the claim is for

Answer 90

$35,000 or less (choose this one as effective Jan. 1, 2020 this increase to the limit was made. Your textbook still says $25,000)

Question 91

An employee whose hours of work are unilaterally reduced from 40 hours to 28 hours per week may have a common law claim against the employer based on

Answer 91

constructive dismissal

Question 92

In Honda Canada Inc. v Keays, the Supreme Court of Canada decided that Wallace damages for an employer’s bad-faith conduct in the manner of dismissal should

Answer 92

reflect actual damages suffered

Question 93

To determine what the termination notice or payment in lieu of notice period should be for an employee who is dismissed without just cause, the employer needs to look to which three areas?

Answer 93

the employment contract, the Employment Standards Act, and the common law

Question 94

In determining what constitutes “reasonable notice” of termination under the common law, generally speaking the longer an employee has worked for an employer:

Answer 94

the longer the reasonable notice period

Question 95

Employers who provide a negative job reference have two possible defences against the tort of defamation. If the statements were true they have the defence of “justification”. If the statements were made without malice or recklessness they have the defence of:

Answer 95

qualified privilege

Question 96

Which one of the following is NOT true?

Answer 96

The termination clause in Joseph’s employment contract does not provide him with as much termination notice, or pay in lieu of notice, as that required by Ontario’s Employment Standards Act. If Joseph is terminated on a without cause basis, the clause is null and void, and Joseph should go to the Ministry of Labour to enforce his rights under the ESA.