Employment Law For Business

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Test Bank
For
Employment Law for Business

and Human Resources
Professionals
Revised Fourth Edition
Kathryn J. Filsinger
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Employment Law for Business and Human Resources Professionals, Revised 4th edition 2
Test Bank: Student Version
Chapter 1: Overview of Legal Framework ........................................................................................................ 4

Multiple choice.............................................................................................................................................................................4
True or False .................................................................................................................................................................................9
Chapter 2: Human Rights Issues: Hiring ........................................................................................................ 14

Multiple choice.......................................................................................................................................................................... 14
True or False .............................................................................................................................................................................. 18
Chapters 3 and 4: Common Law Issues and the Employment Contract ............................................. 22
Multiple choice.......................................................................................................................................................................... 22
True or False .............................................................................................................................................................................. 26
Chapter 5: Human Rights Issues: Duty to Accommodate, Harassment, Accessibility Standards

....................................................................................................................................................................................... 30
Multiple choice.......................................................................................................................................................................... 30
True or False .............................................................................................................................................................................. 35
Chapter 6: Equity in the Workplace ................................................................................................................. 40

Multiple choice.......................................................................................................................................................................... 40
True or False .............................................................................................................................................................................. 43
Chapter 7: Employment Standards Act........................................................................................................... 46

Multiple choice.......................................................................................................................................................................... 46
True or False .............................................................................................................................................................................. 54
Chapters 8 and 9: Occupational Health and Safety Act and Workplace Safety and Insurance Act
(Ontario) .................................................................................................................................................................... 61
Multiple choice.......................................................................................................................................................................... 61
True or False .............................................................................................................................................................................. 66
Chapter 10: Privacy Inside and Outside the Workplace .......................................................................... 72

Multiple choice.......................................................................................................................................................................... 72
True or False .............................................................................................................................................................................. 75
Chapter 11: Navigating the Employment Relationship ............................................................................ 79

Multiple choice.......................................................................................................................................................................... 79
True or False .............................................................................................................................................................................. 83
Chapter 12: Resignation and Retirement ...................................................................................................... 87

Multiple choice.......................................................................................................................................................................... 87
True or False .............................................................................................................................................................................. 88
Chapter 13: Dismissal With Cause .................................................................................................................... 91

Multiple choice.......................................................................................................................................................................... 91
Copyright © 2019 Emond Publications. All rights reserved.

True or False .............................................................................................................................................................................. 93
Chapter 14: Termination and Severance Pay Requirements Under the Employment Standards
Act................................................................................................................................................................................. 96
Multiple choice.......................................................................................................................................................................... 96
True or False ........................................................................................................................................................................... 100
Chapters 15 and 16: Dismissal Without Cause and Post-Employment Obligations .................. 104
Multiple choice....................................................................................................................................................................... 104
True or False ........................................................................................................................................................................... 109

Chapter 1: Overview of Legal Framework

Multiple choice
1. Which one of the following employers is covered by the Canada Labour Code?
(a) a book store
(b) a mining company (Can be privatized)
(c) a bank
(d) a hair styling salon
-Canadian Labor Code is regulated Federally

-Federal regulated is the following:
 Navigation and Shipping
 Interprovincial communications and telephone companies
 Interprovincial buses and railways
 Airlines
 Television and radio stations
 The post office
 The armed forces
 Departments and agencies of the federal government
 Crown Corporations (Federally funded: Canada Post)
 Chartered banks
2. The “common law” refers to law that is:

(a) passed by a legislature
(b) made by judges
(c) common to both private and public sector employees
(d) none of the above
 Common Law: Law made by judges, rather than legislatures, that is usually
based on the previous decisions of other judges.
 Constitutional Law: Canadian Charter of rights and freedom. The basic
principles and laws of a nation, social group etc. that determine the powers
and duties of the government and guarantee certain rights to the people in it.
 Statute Law: Legislation passed by the government.

3. To become a statute, a provincial bill must:

(a) pass two readings in the provincial legislature
(b) pass three readings in the provincial legislature
(c) pass a vote in the Senate
(d) receive royal assent
1.) Pre-Legislative Stages – Concluding with Cabinet Approval

2.) First Reading – Introduction which leads to Standing Committee
3.) Second Reading – Approval in Principle
4.) Standing or select committee stage – Public hearings and clause by clause
5.) Committee of the whole house reports to the house and receives the bill from the
committee
6.) Third Reading – Final approval by the assembly
7.) Royal Assent – Bill becomes an Act
8.) In Force – Act Becomes Law
Royal Assent: Is the method by which a monarch formally approves an act of the
legislature, either directly or through an official acting on the monarch’s behalf.
4. The Canadian Charter of Rights and Freedoms applies:

(a) only where there is some element of government action or conduct
(b) whenever someone’s rights to equality have been infringed
(c) to federally regulated employees only
(d) to individuals between the ages of 18 and 64 only
5. The Canadian Charter of Rights and Freedoms:

(a) forms part of Canada’s Constitution
(b) can be used to strike down employment laws that contravene its requirements
(c) applies only where there is some element of government action or conduct
(d) all of the above

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 It does set out guaranteed rights and freedoms that can affect the workplace
whenever government action is involved.
 If a court find s that any law violates one of the rights or freedoms listed in the
Charter, it may strike down part or all of the law and direct the government to
change or repeal it.
 The most important guarantee in the Charter is the equality rights provision.
6. Most employment statutes in Ontario are interpreted and enforced by:

(a) Small Claims Court
(b) specialized tribunals and boards
(c) Ontario’s Superior Court
- Employment tribunals make decisions about employment disputes. Nearly all

legal cases about employment are heard in employment tribunals. This
includes cases about things like unfair dismissal, redundancy, and discrimination.
7. Most employees in Ontario (about 90%) are covered by:

(a) provincial employment laws
(b) federal employment laws
(c) municipal employment laws
-As a result of this decision, approx. 90% of employees in Canada are covered by
provincial employment legislation. For this reason, this text focuses primarily on
provincial employment legislation (with particular emphasis on Ontario) rather than
on federal employment laws. Pg: 9
8. A bill in the provincial legislature goes to committee after:

(a) first reading
(b) second reading
(c) third reading
(d) receiving royal assent

9. “Statute law” refers to:

(a) law passed by a legislative body
(b) law made by judges
(c) law based on the Napoleonic Code
(d) law that covers employed citizens only
10. In common law jurisdictions such as Ontario, the non-union employment relationship
is viewed as being:
(a) based in statute law
(b) based in contract law Pg:19
(c) based in tort law
-Contract Law: An area of civil law that governs agreements between people or
companies to purchase or provide goods or services.
-Tort Law: consists of wrongful acts or injury that lead to physical, emotional, or financial
damage to a person in which another person could be held legally responsible.
-The common law of contracts is fundamental to employment law because the legal
relationship between an employer and a non-unionized employee is contractual.
11. Which of the following people are covered by some or all of the standards in
Ontario’s Employment Standards Act?
(a) a judge in Scarborough, Ontario
(b) an HR analyst at Bell Canada in Toronto, Ontario
(c) a bank teller in Hamilton, Ontario
(d) a unionized construction worker in Brampton, Ontario

12. The Canadian Charter of Rights and Freedoms can be used to strike down
employment laws that are found to contravene its requirements because:
(a) it forms part of Canada’s Constitution
(b) it was written in 1867 and so takes precedence over later laws
(c) it outlines the legislative authority of Parliament and the provincial legislatures
(d) it protects individual rights
Pg: 12
13. The “notwithstanding clause” in the Canadian Charter of Rights and Freedoms
allows the federal or provincial governments to enact legislation that infringes the
Charter if:
(a) the government expressly declares that the law will operate notwithstanding the
Charter
(b) the law in question applies only to government employees
(c) the law in question will expire in five years or less
Pg: 17
14. If you work in a grocery store in Toronto, you are covered by:
(a) federal employment laws
(b) Ontario employment laws
(c) Toronto employment laws
(d) all of the above
15. A privative clause: Pg: 23

(a) attempts to limit the parties’ ability to have a decision of an administrative tribunal
reviewed by the courts
(b) entirely displaces the jurisdiction of the courts
(c) attempts to protect the privacy of the parties to a legal action

16. Section 15 of the Canadian Charter of Rights and Freedoms guarantees people in
Canada:
(a) freedom of religion
(b) equality rights
(c) freedom of association
(d) freedom from arbitrary detention
17. Whether your workplace is covered by provincial or federal employment laws

depends on:
(a) the number of employees in the organization
(b) whether the employer operates in more than one province or territory
(c) the jurisdiction in which the employer is incorporated
(d) the industry sector (e.g., mining, health, manufacturing) in which the employer
operates
18. Which one of the following originates with the provincial legislature?
(a) statute law
(b) regulations
(c) common law
(d) the Canadian Charter of Rights and Freedoms
Pg: 6 and 7
19. Which of the following is NOT true?

(a) independent contractors can deduct their expenses for tax purposes
(b) independent contractors are covered by only some of the provisions of the
Employment Standards Act
(c) workers are more likely to be characterized as independent contractors if they own
their own tools
(d) workers are more likely to be characterized as independent contractors if they
work for more than one organization

20. A judge in Ontario is hearing a dispute over an employment contract. The lawyer
representing the plaintiff points to a case from British Columbia that covers exactly
the same issue and supports her client’s position. In this situation, this case would be:
(a) binding
(b) persuasive
(c) distinguishable
21. The Supreme Court of Canada decision in Vriend v Alberta is notable because in that
decision:
(a) the court used the notwithstanding clause in the Charter to deny statutory benefits
to the claimant
(b) the court used the Charter to strike down the definition of “spouse” in the Family
Law Act
(c) the court used the Charter to strike down the denial of statutory severance pay to
employees whose contracts have been frustrated because of illness or injury.
(d) the court applied the Charter to “read in” to a human rights law a category of
people that a provincial legislature had previously excluded
22. Which of the following is NOT true of agents?

(a) agents can bind an organization to a contract with customers or other parties, even
without the organization’s knowledge
(b) agents represent a “principal” in dealings with a third party
(c) agents are almost always categorized as independent contractors
(d) a human resources manager who hires a new employee is an agent
Pg: 33

23. “Private” bills cover non-public matters. Based on its title, which of the following is a
private bill?
(a) Bill PR47 PR = Private
(b) Bill 47e
(c) Bill PM47
(d) Bill NP47 NP = Non-Public
24. In the 1925 decision of Toronto Electric Commissioners v Snider, the court held that
in Canada employment law falls within:
(a) the federal government’s jurisdiction based on its authority over commerce.
(b) the provincial government’s jurisdiction based on its authority over property and
civil rights
(c) the provincial government’s jurisdiction based on its authority over labour
relations
(d) the federal government’s jurisdiction based on its authority over peace, order and
good government
25. Health and safety protections for employees working in provincially regulated
workplaces in Ontario are primarily found in Ontario’s Occupational Health and
Safety Act, Health and safety protections for workers in federally regulated
workplaces are primarily:
(a) based in the common law, rather than statute law
(b) found in the Canadian Occupational Health and Safety Act
(c) found in the Canada Labour Code
(d) found in the Canadian Human Rights Act
26. In a civil action based on breach of contract, the burden of proof is on:
(a) the plaintiff to prove, beyond a reasonable doubt, all of the elements required for a
successful claim of breach of contract
(b) the defendant to prove, beyond a reasonable doubt, that she did not breach the
contract
(c) the plaintiff to prove, on the balance of probabilities, all of the elements required
for a successful claim of breach of contract
(d) the defendant to prove, on the balance of probabilities, that he did not breach the
contract

27. In Keenan v Canac Kitchens Limited the Ontario Court of Appeal looked at the issue
of exclusivity in the context of dependent contractors and decided that:
(a) workers will not be considered dependent contractors if a significant portion of
their income was earned working for a competitor.
(b) workers will be considered dependent contractors even if a significant portion of
their income was earned working for a competitor as long as those earnings were
earned several years before their business relationship with the defendant ended.
(c) workers will not be considered dependent contractors if any portion of their
income was earned working for a competitor.
(d) workers will still be considered dependent contractors if, looking at the totality of
the relationship, there was sufficient economic reliance on the defendant to
warrant such a finding.
True or False
1. The employees of a company that is incorporated under the laws of Canada will be
covered by federal employment legislation.
TRUE/FALSE
2. Governments that use the notwithstanding clause in the Canadian Charter of Rights
and Freedoms must renew this declaration every five years or it will no longer be
effective.
TRUE/FALSE
3. Applications for judicial review of the decisions of administrative tribunals are rarely
successful.
TRUE/FALSE
4. In Canada, the federal and provincial governments appoint judges; they are not
elected.
TRUE/FALSE
5. Statute law is the part of the law that has developed through the decisions of judges.
TRUE/FALSE

6. All employees who work in Ontario are covered by Ontario’s employment legislation.
TRUE/FALSE 90% are covered
7. In the case of Smith v Jones, Smith is the plaintiff (the person bringing the action
against the other party) and Jones is the defendant.
TRUE/FALSE
- 1st mentioned name is always plaintiff,
name on other side of v is always
defendant
8. Tort law applies only where there is already a contractual relationship between the
two parties.
TRUE/FALSE
9. General requirements of law are contained in statutes while more detailed, specific
requirements are typically contained in the regulations.
TRUE/FALSE
10. Federally regulated companies are those that are incorporated under the laws of
Canada rather than under a provincial law.
TRUE/FALSE
11. The Ontario Court of Appeal is the highest and final level of appeal for all disputes
arising in Ontario.
TRUE/FALSE
12. Stare decisis is a common law principle that requires lower courts to follow legal
decisions of higher courts where similar issues are involved.
TRUE/FALSE
13. A “respondent” is the party opposing an appeal of a previous decision.

TRUE/FALSE
14. Employees of a federally regulated employer who work in Nova Scotia will be
covered by the employment laws of Nova Scotia.

TRUE/FALSE
15. All pieces of provincial legislation automatically come into force on the day that they
receive royal assent.
TRUE/FALSE
16. The Canadian Charter of Rights and Freedoms is part of Canada’s Constitution.
TRUE/FALSE
17. Where there is a conflict between the common law and statute law, the common law
governs.
TRUE/FALSE Statute law will always
govern over common law
18. A tort occurs whenever there is a breach of contract.

TRUE/FALSE
19. In Ontario Nurses’ Association v Mount Sinai Hospital, the Ontario Court of Appeal
held that denying ESA severance pay to employees whose contracts have become
frustrated because of illness or injury does not violate the Charter’s equality provision
because the dominant purpose of severance pay is to compensate employees who will
return to the workforce.
TRUE/FALSE
20. Private members’ bills rarely pass.

TRUE/FALSE
21. It is easier for a government to change a regulation than to change a statute.

TRUE/FALSE
22. The most important factor in creating a valid independent contractor relationship is
having a properly drafted contract.
TRUE/FALSE

23. Independent contractors are not covered by the pregnancy or parental leave
provisions of Ontario’s Employment Standards Act.
TRUE/FALSE
24. All bills require royal assent before they can become a statute.
TRUE/FALSE
25. An individual who is hired for a specific period or task is automatically considered an
independent contractor under the law.
TRUE/FALSE
26. An independent contractor is entitled to the same rights and remedies as employees
under Ontario’s employment standards legislation.
TRUE/FALSE
27. As long as the contract clearly establishes that the parties intend their relationship to
be one of independent contractor and principal, courts and tribunals will usually
accept their characterization of the relationship.
TRUE/FALSE
28. In Jones v Tsige, the Ontario Court of Appeal recognized a new tort of “intrusion
upon seclusion.”
TRUE/FALSE
29. To maintain solicitor–client privilege, when a lawyer is retained as part of an

investigation into workplace misconduct, the retainer agreement should clearly state
that its dominant purpose is to ensure a proper and timely investigation.
TRUE/FALSE
30. A private member’s bill that relates to employment law must be introduced into the
legislature by the Minister of Labour.
TRUE/FALSE
- put forward by member of legislation not a
cabinet minister
31. Where a court looks to a scholarly article for assistance in interpreting a statute, it is
said to be using an “external aid” for interpretation.

TRUE/FALSE
32. “Gender identity” is not one of the protected grounds set out in the equality section (s
15) of the Charter of Rights and Freedoms but it is likely that a court would consider
it an analogous ground and thereby covered.
TRUE/FALSE
33. The first step in the process of analyzing whether or not a statute violates section 15
of the Canadian Charter of Rights and Freedoms is determining if it is a reasonable
limit in a free and democratic society.
TRUE/FALSE
34. Defamation is an example of an unintentional tort.

TRUE/FALSE
35. Under the 2017 amendments to the Employment Standards Act, it is now an offence
for an employer to misclassify a worker as an employee when they are in actual fact
an independent contractor.
TRUE/FALSE
Amendments made to the Employment Standards Act, 2000 under Bill 148 in
November 2017 made it an offence for an employer to misclassify someone as a
“contractor” where the person was actually an employee. Moreover, the onus was
placed on the employer to prove that the worker was actually an independent
contractor. However, with the passage of Bill 47 in November 2018, this provision,
including the reverse onus, has been removed.

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Employment Law for Business

Chapter 1: Overview of Legal Framework ........................................................................................................ 4

Chapter 2: Human Rights Issues: Hiring ........................................................................................................ 14

Chapter 5: Human Rights Issues: Duty to Accommodate, Harassment, Accessibility Standards

Chapter 6: Equity in the Workplace ................................................................................................................. 40

Chapter 7: Employment Standards Act........................................................................................................... 46

Chapter 10: Privacy Inside and Outside the Workplace .......................................................................... 72

Chapter 11: Navigating the Employment Relationship ............................................................................ 79

Chapter 12: Resignation and Retirement ...................................................................................................... 87

Chapter 13: Dismissal With Cause .................................................................................................................... 91

Copyright © 2019 Emond Publications. All rights reserved.

True or False .............................................................................................................................................................................. 93

Copyright © 2019 Emond Publications. All rights reserved.

Chapter 1: Overview of Legal Framework

-Canadian Labor Code is regulated Federally

2. The “common law” refers to law that is:

Copyright © 2019 Emond Publications. All rights reserved.

3. To become a statute, a provincial bill must:

1.) Pre-Legislative Stages – Concluding with Cabinet Approval

4. The Canadian Charter of Rights and Freedoms applies:

5. The Canadian Charter of Rights and Freedoms:

Copyright © 2019 Emond Publications. All rights reserved.

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6. Most employment statutes in Ontario are interpreted and enforced by:

- Employment tribunals make decisions about employment disputes. Nearly all

7. Most employees in Ontario (about 90%) are covered by:

8. A bill in the provincial legislature goes to committee after:

Copyright © 2019 Emond Publications. All rights reserved.

9. “Statute law” refers to:

Copyright © 2019 Emond Publications. All rights reserved.

15. A privative clause: Pg: 23

Copyright © 2019 Emond Publications. All rights reserved.

17. Whether your workplace is covered by provincial or federal employment laws

19. Which of the following is NOT true?

Copyright © 2019 Emond Publications. All rights reserved.

22. Which of the following is NOT true of agents?

Copyright © 2019 Emond Publications. All rights reserved.

Copyright © 2019 Emond Publications. All rights reserved.

Copyright © 2019 Emond Publications. All rights reserved.

13. A “respondent” is the party opposing an appeal of a previous decision.

Copyright © 2019 Emond Publications. All rights reserved.

18. A tort occurs whenever there is a breach of contract.

20. Private members’ bills rarely pass.

21. It is easier for a government to change a regulation than to change a statute.

Copyright © 2019 Emond Publications. All rights reserved.

29. To maintain solicitor–client privilege, when a lawyer is retained as part of an

Copyright © 2019 Emond Publications. All rights reserved.

34. Defamation is an example of an unintentional tort.

Copyright © 2019 Emond Publications. All rights reserved.

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