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EMPLOYMENT LAW > QUIZZES > Flashcards

QUIZZES Flashcards

1
Q

The Minister of Labour introduces a bill in the Ontario legislature to eliminate the lower minimum wage that applies to students under the age of 18. This is called:

A

A Public Bill

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2
Q

Smith, in Smith v. Jones.

A

Plaintiff

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3
Q

The document that begins a wrongful dismissal proceeding.

A

Statement of Claim

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4
Q

A civil “wrong” for which there is a legal remedy.

A

Tort

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5
Q

Previous decisions by judges that looked at similar issues.

A

Legal Precedent

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6
Q

It protects legislation from a Charter of Rights challenge as long as the legislation expressly refers to it.

A

Notwithstanding Clause

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7
Q

A bill introduced into the legislature by the Cabinet Minister responsible for that policy area.

A

Public Bill

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8
Q

Required for a bill to become a statute.

A

Royal Assent

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9
Q

A relevant case from another jurisdiction.

A

Persuasive

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10
Q

Judge-made law.

A

Common Law

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11
Q

The percentage of employees in Canada covered by federal employment legislation.

A

10%

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12
Q

Law made by legislatures.

A

Statute Law

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13
Q

A word that means the “Crown” (used in criminal proceedings).

A

Regina

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14
Q

The principle that lower courts must follow decisions from higher courts where the issues are similar.

A

Stare decisis

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15
Q

Government promise of “equality rights and protections”.

A

Section 15 of the Charter of Rights

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16
Q

Allows contravention of a Charter right or freedom if it is a “reasonable limit in a just and democratic society”.

A

Section 1 of the Charter of Rights

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17
Q

Detailed rules on how to implement or administer a statute.

A

Regulations

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18
Q

The legal basis of the non-union employment relationship.

A

Contract

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19
Q

Monetary compensation.

A

Damages

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20
Q

A type of bill that often does not pass.

A

Private Member’s

21
Q

The percentage of employees in Canada covered by provincial employment laws.

A

90%

22
Q

Under Ontario’s Human Rights Code, discrimination in employment is prohibited on _______ grounds.

A

16

23
Q

Which one of the following is NOT one of the prohibited grounds of discrimination in employment under Ontario’s Human Rights Code?

A

Physical appearance

24
Q

I have violated Ontario’s Human Rights Code if I fire my employee for:

A

Filing a claim of discrimination that I reasonably suspect has no merit

25
Q

Harkiran thinks that her employer, a grocery store in Mississauga, Ontario, is discriminating against her (giving her worse shifts) because of her ethnicity. What law should she look to to address her concerns?

A

Ontario’s Human Rights Code

26
Q

Under Ontario’s Human Rights Code (OHRC), the term “disability” generally does NOT include:

A

Temporary, minor illnesses, like the flu

27
Q

Religious beliefs and practices are protected against discrimination as long as…

A

Those beliefs are sincerely held

28
Q

Generally, job applicants should be asked for their social insurance number…

A

Only after a conditional offer of employment is made

29
Q

From a legal point of view, the practice of checking an applicant’s job references primarily relates to…

A

Avoiding common law claims

30
Q

An employer who is considering hiring a job candidate who is contractually bound to provide significant advance notice of resignation to his current employer must be particularly aware of this common law action.

A

Inducing breach of contract

31
Q

TRUE OR FALSE: An employer in Ontario is required to statute to conduct a police check for all job applicants whose job duties include handling money.

A

False

32
Q

The restrictive clause that courts are least likely to enforce.

A

Non-competition clause

33
Q

A “severability clause” in a written employment contract means that…

A

If any part of the agreement is ruled invalid, the rest of the agreement remains enforceable

34
Q

If a written employment contract does not specify a probationary period, and a dispute arises, a court will find that under the common law…

A

There is no implied probationary period

35
Q

In common law jurisdictions such as Ontario, the non-union employment relationship is viewed as being…

A

Based in contract

36
Q

In most situations it is very important to have a written employment contract signed…

A

Before the employee starts work

37
Q

To be enforceable, an employment contract requires “consideration.” This means that:

A

Something of value must be given by each party to the other party

38
Q

What is the name of the contract terms that are found in such things as employee handbooks, HR policy manuals, retirement plans, and benefits handbooks?

A

Ancillary terms

39
Q

If an employment contract does not contain an enforceable termination clause, under the common law a judge will read into the contract an implied requirement that the employer provide ____________ notice of termination or pay in lieu (pay instead).

A

Reasonable

40
Q

The rule of contra proferentem means that:

A

Ambiguous or unclear language in a contract will usually be interpreted against the party that drafted it

41
Q

Which party has the burden of proof in showing that accommodating an employee (based on a disability, religious observance, etc) would constitute “undue hardship”?

A

The employer being asked to provide accommodation

42
Q

The majority of decisions on human rights applications in Ontario are made by…

A

Arbitrators appointed under collective agreements

43
Q

Providing a voice synthesizer to help a physically disabled employee perform an essential job duty is an example of:

A

Reasonable accommodation

44
Q

In the Hydro-Québec case, the Supreme Court of Canada decided that the “duty to accommodate” requires an employer to…

A

Prove that it is impossible to accommodate the individual further without incurring undue hardship

45
Q

In CEP v Irving Pulp and Paper Ltd., the Supreme Court of Canada ruled on the employer’s random alcohol testing policy. In that case, it decided that…

A

Random drug and alcohol testing can only be justified when the employer proves that the workplace is dangerous and that there is a serious problem with alcohol and drugs in the workplace

46
Q

Firing an employee for filing a human rights complaint is an example of something called:

A

A reprisal

47
Q

In Johnstone v Canada, the Federal Court of Appeal laid out several elements that complainants must prove to establish a prima facie case of discrimination based on an employer’s failure to accommodate their employee’s childcare obligations. Which one of the following is NOT one of those elements?

A

The complainant’s childcare obligations include attending extracurricular activities that a parent would reasonably be expected to attend

48
Q

TRUE OR FALSE: “Harassment” under Ontario’s Human Rights Code usually requires a course of vexatious comment or conduct, rather than a single incident.

A

True

49
Q

TRUE OR FALSE: Under Ontario’s Human Rights Code, health and safety is one of the factors considered in determining undue hardship

A

True

EMPLOYMENT LAW (2 decks)

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