Employment Law for Human Resource Practice, 7th Edition solution manual

Employment Law for Human Resource Practice, 7th Edition

By David J. Walsh

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 1: Student Version

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 c. a bank d. a hair styling salon 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 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 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. Most employment statutes in Alberta and British Columbia are interpreted and enforced by: a. Small Claims Courts b. specialized tribunals and boards c. Superior Courts 6. A bill in the provincial legislature goes to committee after: a. first reading b. second reading c. third reading d. receiving royal assent

Copyright © 2021 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 1: Student Version

7. “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 8. In common law, the non-union employment relationship is viewed as being: a. based in statute law b. based in contract law c. based in tort law 9. Which of the following people are covered by some or all of the standards in the employment standards legislation in Alberta or British Columbia? a. a judge in Calgary b. an HR analyst at Bell Canada in Vancouver c. a bank teller at an ATB branch in Edmonton d. a unionized construction worker in Kelowna 10. 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 11. 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 12. If you work in a grocery store in Lethbridge, Alberta, you are covered by: a. federal employment laws b. Alberta employment laws c. Lethbridge employment laws

Copyright © 2021 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 1: Student Version

13. A privative clause: 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 14. 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 15. 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 16. 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 17. A judge in British Columbia is hearing a dispute over an employment contract. The lawyer representing the plaintiff points to a case from Alberta 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

Copyright © 2021 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 1: Student Version

18. 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 19. The Supreme Court of Canada set the test for determining whether a law that limits a Charter right was a reasonable limit in the following case: a. R v Oakes b. ONA v Mount Saint Vincent Hospital c. Belton v Liberty Insurance Co of Canada d. Ilaris Corporation v Gadzevych 20. Under the common law cases are decided by judges on the basis of precedent. Another term for precedent is: a. persuasive decisions b. distinguishable decisions c. stare decisis d. statute law 21. A dispute arises between two parties to a contract and the aggrieved party must decide how to initiate legal proceedings. Selecting the proper forum is important because: a. some tribunals are easier to deal with than others b. the courts are always busy and should be avoided whenever possible c. courts and tribunals are limited to making decisions about issues that fall within a specific jurisdiction d. legal action to seek resolution of a dispute must proceed in only one forum

Copyright © 2021 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 1: Student Version

22. Tort law refers to: a. the body of law that deals with serious employee misconduct that warrants dismissal without notice b. a branch of civil law (non-criminal law) that covers wrongs and damages that one person or company causes to another, independent of any contractual relationship between them c. law that relates to private, non-criminal matters, involving contractual disputes; d. an area of civil law that governs agreements between people or companies to purchase or provide goods or services True or False 1. The employees of a company that is incorporated under the laws of Canada will be covered by federal employment legislation.

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.

3. Applications for judicial review of the decisions of administrative tribunals are rarely successful.

4. In Canada, the federal and provincial governments appoint judges; they are not elected.

5. Statute law is the part of the law that has developed through the decisions of judges.

6. All employees who work in Alberta are covered by Alberta’s employment legislation.

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.

8. Tort law applies only where there is already a contractual relationship between the two parties.

9. General requirements of law are contained in statutes, while more detailed, specific requirements are typically contained in the regulations.

10. Federally regulated companies are those that are incorporated under the laws of Canada rather than under a provincial law.

11. The BC Court of Appeal is the highest and final level of appeal for all disputes arising in BC. 12. Stare decisis is a common law principle that requires lower courts to follow legal decisions of higher courts where similar issues are involved.

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

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

15. All pieces of provincial legislation automatically come into force on the day that they receive royal assent.

16. The Canadian Charter of Rights and Freedoms is part of Canada’s Constitution.

Copyright © 2021 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 1: Student Version

17. Where there is a conflict between the common law and statute law, the common law governs.

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

19. Private members’ bills rarely pass.

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

21. All bills require royal assent before they can become a statute.

22. In employment law, administrative tribunals have primary jurisdiction over most matters.

Copyright © 2021 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 1: Instructor Version

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 c. a bank d. a hair styling salon 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 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 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. Most employment statutes in Alberta and British Columbia are interpreted and enforced by: a. Small Claims Courts b. specialized tribunals and boards c. Superior Courts 6. A bill in the provincial legislature goes to committee after: a. first reading b. second reading c. third reading d. receiving royal assent

Copyright © 2021 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 1: Instructor Version

7. “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 8. In common law, the non-union employment relationship is viewed as being: a. based in statute law b. based in contract law c. based in tort law 9. Which of the following people are covered by some or all of the standards in the employment standards legislation in Alberta or British Columbia? a. a judge in Calgary b. an HR analyst at Bell Canada in Vancouver c. a bank teller at an ATB branch in Edmonton d. a unionized construction worker in Kelowna 10. 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 11. 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 12. If you work in a grocery store in Lethbridge, Alberta, you are covered by: a. federal employment laws b. Alberta employment laws c. Lethbridge employment laws

Copyright © 2021 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 1: Instructor Version

13. A privative clause: 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 14. 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 15. 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 16. 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 17. A judge in British Columbia is hearing a dispute over an employment contract. The lawyer representing the plaintiff points to a case from Alberta 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

Copyright © 2021 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 1: Instructor Version

18. 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 19. The Supreme Court of Canada set the test for determining whether a law that limits a Charter right was a reasonable limit in the following case: a. R v Oakes b. ONA v Mount Saint Vincent Hospital c. Belton v Liberty Insurance Co of Canada d. Ilaris Corporation v Gadzevych 20. Under the common law cases are decided by judges on the basis of precedent. Another term for precedent is: a. persuasive decisions b. distinguishable decisions c. stare decisis d. statute law 21. A dispute arises between two parties to a contract and the aggrieved party must decide how to initiate legal proceedings. Selecting the proper forum is important because: a. some tribunals are easier to deal with than others b. the courts are always busy and should be avoided whenever possible c. courts and tribunals are limited to making decisions about issues that fall within a specific jurisdiction d. legal action to seek resolution of a dispute must proceed in only one forum

Copyright © 2021 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 1: Instructor Version

22. Tort law refers to: a. the body of law that deals with serious employee misconduct that warrants dismissal without notice b. a branch of civil law (non-criminal law) that covers wrongs and damages that one person or company causes to another, independent of any contractual relationship between them c. law that relates to private, non-criminal matters, involving contractual disputes; d. an area of civil law that governs agreements between people or companies to purchase or provide goods or services True or False 1. The employees of a company that is incorporated under the laws of Canada will be covered by federal employment legislation.

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.

3. Applications for judicial review of the decisions of administrative tribunals are rarely successful.

4. In Canada, the federal and provincial governments appoint judges; they are not elected.

5. Statute law is the part of the law that has developed through the decisions of judges.

6. All employees who work in Alberta are covered by Alberta’s employment legislation.

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.

8. Tort law applies only where there is already a contractual relationship between the two parties.

9. General requirements of law are contained in statutes, while more detailed, specific requirements are typically contained in the regulations.

10. Federally regulated companies are those that are incorporated under the laws of Canada rather than under a provincial law.

11. The BC Court of Appeal is the highest and final level of appeal for all disputes arising in BC. 12. Stare decisis is a common law principle that requires lower courts to follow legal decisions of higher courts where similar issues are involved.

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

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

15. All pieces of provincial legislation automatically come into force on the day that they receive royal assent.

16. The Canadian Charter of Rights and Freedoms is part of Canada’s Constitution.

Copyright © 2021 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 1: Instructor Version

17. Where there is a conflict between the common law and statute law, the common law governs.

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

19. Private members’ bills rarely pass.

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

21. All bills require royal assent before they can become a statute.

22. In employment law, administrative tribunals have primary jurisdiction over most matters.

Copyright © 2021 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 1: Instructor Version

Chapter 1: Answer Key Multiple Choice 1. C 2. B 3. D 4. A 5. B 6. B 7. A 8. B 9. D 10. C 11. A 12. B 13. A 14. B 15. B 16. A 17. B 18. D 19. A 20. C 21. C 22. B True or False 1. False 2. True 3. True 4. True 5. False

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 1: Instructor Version

6. False 7. True 8. False 9. True 10. False 11. False 12. True 13. True 14. False 15. False 16. True 17. False 18. False 19. True 20. True 21. True 22. True

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapters 2, 5: Student Version

Chapters 2 and 5: Common Law Issues and the Employment Contract Multiple Choice 1. The common law tort of “inducement,” “allurement,” or “enticement” refers to a situation where an employer: a. hires the employee without properly checking references b. breaches the employment contract before it begins c. attracts the job applicant from another job through aggressive recruiting or inflated promises 2. The restrictive clause that courts are least likely to enforce is: a. a non-competition clause b. a non-solicitation clause c. a non-disclosure clause d. an ownership of intellectual property clause 3. 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 b. ambiguous or unclear language in a contract will usually be interpreted in favour of the employee c. ambiguous or unclear language in a contract will make that provision unenforceable 4. A “severability clause” in a written employment contract means that: a. the terms of a severance agreement are set out in the contract b. if any part of the agreement is ruled invalid, the rest of the agreement remains enforceable c. the employment contract sets out all of the terms of the contract 5. 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 a probationary period of 3 months b. there is a probationary period of 6 months c. there is a probationary period of one year d. there is no probationary period

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapters 2, 5: Student Version

6. It is best to have a written employment contract signed: a. just after the employee starts work b. at the end of the employee’s probationary period c. before the employee starts work d. before the employee gets a chance to read it 7. In common law jurisdictions such as Alberta and British Columbia, the non-union employment relationship is viewed as being: a. based in statute b. based in contract c. based in tort 8. Which of the following is not true of a non-competition clause? a. it is a restrictive covenant b. it is difficult to enforce c. if broken, it might lead to a claim against the employee for breach of contract d. it protects an employer’s right to own the employee’s inventions 9. From a legal point of view, the practice of checking a job applicant’s references relates to: a. complying with requirements found in statute b. avoiding common law claims c. avoiding human rights claims 10. Which one of the following is correct with respect to background checks (e.g., police, reference, credit, education)? a. most types of background checks should be done after a conditional offer of employment is made b. all types of background checks should be done after a conditional offer of employment is made c. most types of background checks should be done immediately before a conditional offer of employment is made d. all types of background checks should be done immediately before a conditional offer of employment is made

Copyright © 2021 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapters 2, 5: Student Version

11. Which of the following is not a common law test used to distinguish between an employee and an independent contractor? a. the Tools test b. the Agency test c. the Risk test d. the Control test 12. To be enforceable, an employment contract requires “consideration.” This means that: a. something of value must be exchanged for the promises given b. the parties must not be unreasonable in the terms imposed c. the employer must consider the employee’s situation in setting the terms 13. Which one of the following clauses found in many written employment contracts is typically the most contentious? a. severability clause b. probationary clause c. governing law clause d. termination clause 14. Which of the following is not true? a. the more a job exposes others to harm, the stronger the employer’s duty to check references becomes b. before checking references, an employer should obtain the written permission of the applicant c. inquiries made during reference checking should be tailored to each particular applicant d. a paper trail documenting reference checks should include references who did not respond, as well as information received from those who did respond 15. The following clause is part of your employment contract: “Any modification to this Agreement must be in writing and signed by the parties or it shall have no effect and shall be void.” Which one of the following is true? a. this is an “entire agreement clause,” whereby a court can only look at the words in the contract; oral conversations and promises will not be considered b. this is a “severability clause,” and it ensures that if one provision in a contract is unenforceable, the rest of the contract will still be enforceable c. this is a clause that primarily protects the interests of the employee d. this is a clause that courts rarely enforce because it too often favours the employer

Copyright © 2021 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapters 2, 5: Student Version

16. Which one of the following types of background checks should generally be done before a conditional offer of employment has been made? a. education checks b. job reference checks c. credit checks d. police record checks 17. Which of the following is not an advantage of having a written employment contract? a. addresses potentially contentious issues early b. reduces uncertainty c. reduces risk of misunderstanding d. reduces peer-to-peer comparison of employment terms 18. Which of the following is NOT a common law test to determine if someone is an independent contractor or an employee: a. the amount of control the individual exercises over how the work is done b. the extent to which the individual provides his or her own equipment c. the existence of a written contract specifying that the individual is an independent contractor d. the length of time the individual dedicates to the organization on an exclusive basis 19. When negotiating to enter into a short-term employment contract, Tom offered Sally $500/week by way of an e-mail. Sally countered by writing that $750/week was her minimum or “bottom line”. Tom forwarded her a contract to sign with $500/week outlined as her wage. Sally crossed the salary out and handwrote $750 before signing and returning the contract. Which of the following statements most accurately describes this situation? a. Tom made an offer of $500/week and Sally accepted by way of her signature despite crossing this number out. A valid contract for $500/week exists between Tom and Sally. b. Tom made an offer of $500/week and Sally accepted a contract for $750/week by way of her handwritten modification and signature. A valid contract for $750 exists between Tom and Sally. c. Tom made an offer of $500/week and Sally made her own offer of $750/week.

Despite the existence of the written contract, the last offer always represents the bargain struck between the parties. Sally merely clarified this by handwriting on the contract. A valid contract exists for $750/week. d. Tom made an offer, Sally rejected that offer and made a counter-offer. No valid contract exists because not all elements of a contract exist.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapters 2, 5: Student Version

20. Adam was hired to work on a 2 year fixed-term contract with ABC Company (located in British Columbia). The project for which Adam was hired was going well but running behind. Adam wanted to see the project through and having no other employment, continued working as he had been for a little over four months past the end of his contract date when the project completed. Which of the following best describes this situation? a. As Adam completed a fixed-term contract he is not due any severance. b. Adam should be paid severance pursuant to the Employment Standards Act on the basis of the length of his original fixed-term contract. c. Since Adam was working under a fixed-term contract, he is not considered an employee and therefore does not qualify for protection under the Employment Standards Act. d. Adam continued to work after the fixed-term contract ended, transforming him into an indefinite term employee. He would be subject severance according to the Employment Standards Act and the common law.

True or False 1. If an employment contract does not contain a clause setting out a probationary period, a judge will read such a clause into the contract and assume a probationary period of a minimum of three months.

2. A restrictive covenant is an agreement between the employer and employee that sets limits on what the employee may do even after he or she leaves the employment relationship.

3. If an employment contract does not contain a termination clause, a judge will read into the contract an implied requirement that the employer provide reasonable notice of termination.

4. If an employer withdraws a job offer because of changed economic circumstances, it may still be legally liable for reasonable notice of termination of the employment contract.

5. As long as an employment contract is in writing, only two elements are needed to form a binding agreement—offer and acceptance.

6. An employer will be liable for negligent misrepresentation even if the person who made the misrepresentation honestly believed the statement was true.

7. Only written employment contracts are legally enforceable.

8. The “non-solicitation” restrictive covenant is intended to prevent employees from disrupting coworkers with personal fundraising and related solicitations.

9. Lawsuits against former employers for giving negative references are rare.

10. Under the common law, an employee has an implied duty to provide reasonable notice of resignation.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapters 2, 5: Student Version

11. It is best to have a written employment contract signed by a new employee just after that employee starts work.

12. In British Columbia, an employer may refuse to hire someone who has a criminal record, even if the record does not relate to the job being applied for.

13. A direct relationship between the work and personal credit information is required before an employer can use information gathered in a credit check to inform their hiring decision.

14. An employer in Alberta or British Columbia is required to conduct a police check for all job applicants whose job duties include handling money.

15. The only background check that should be done after a conditional offer of employment is the job reference check.

16. To be considered a full-time employee in Alberta or British Columbia, an employee must work at least 35 hours per week for that employer.

17. Under the contra proferentem rule, ambiguous language in the employment contract will tend to be interpreted against the interests of the party who drafted that contract.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapters 2, 5: Student Version

1.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapters 2, 5: Instructor Version

Chapters 2 and 5: Common Law Issues and the Employment Contract Multiple Choice 1. The common law tort of “inducement,” “allurement,” or “enticement” refers to a situation where an employer: a. hires the employee without properly checking references b. breaches the employment contract before it begins c. attracts the job applicant from another job through aggressive recruiting or inflated promises 2. The restrictive clause that courts are least likely to enforce is: a. a non-competition clause b. a non-solicitation clause c. a non-disclosure clause d. an ownership of intellectual property clause 3. 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 b. ambiguous or unclear language in a contract will usually be interpreted in favour of the employee c. ambiguous or unclear language in a contract will make that provision unenforceable 4. A “severability clause” in a written employment contract means that: a. the terms of a severance agreement are set out in the contract b. if any part of the agreement is ruled invalid, the rest of the agreement remains enforceable c. the employment contract sets out all of the terms of the contract 5. 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 a probationary period of 3 months b. there is a probationary period of 6 months c. there is a probationary period of one year d. there is no probationary period

Copyright © 2021 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapters 2, 5: Instructor Version

6. It is best to have a written employment contract signed: a. just after the employee starts work b. at the end of the employee’s probationary period c. before the employee starts work d. before the employee gets a chance to read it 7. In common law jurisdictions such as Alberta and British Columbia, the non-union employment relationship is viewed as being: a. based in statute b. based in contract c. based in tort 8. Which of the following is not true of a non-competition clause? a. it is a restrictive covenant b. it is difficult to enforce c. if broken, it might lead to a claim against the employee for breach of contract d. it protects an employer’s right to own the employee’s inventions 9. From a legal point of view, the practice of checking a job applicant’s references relates to: a. complying with requirements found in statute b. avoiding common law claims c. avoiding human rights claims 10. Which one of the following is correct with respect to background checks (e.g., police, reference, credit, education)? a. most types of background checks should be done after a conditional offer of employment is made b. all types of background checks should be done after a conditional offer of employment is made c. most types of background checks should be done immediately before a conditional offer of employment is made d. all types of background checks should be done immediately before a conditional offer of employment is made

Copyright © 2021 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapters 2, 5: Instructor Version

11. Which of the following is not a common law test used to distinguish between an employee and an independent contractor? a. the Tools test b. the Agency test c. the Risk test d. the Control test 12. To be enforceable, an employment contract requires “consideration.” This means that: a. something of value must be exchanged for the promises given b. the parties must not be unreasonable in the terms imposed c. the employer must consider the employee’s situation in setting the terms 13. Which one of the following clauses found in many written employment contracts is typically the most contentious? a. severability clause b. probationary clause c. governing law clause d. termination clause 14. Which of the following is not true? a. the more a job exposes others to harm, the stronger the employer’s duty to check references becomes b. before checking references, an employer should obtain the written permission of the applicant c. inquiries made during reference checking should be tailored to each particular applicant d. a paper trail documenting reference checks should include references who did not respond, as well as information received from those who did respond 15. The following clause is part of your employment contract: “Any modification to this Agreement must be in writing and signed by the parties or it shall have no effect and shall be void.” Which one of the following is true? a. this is an “entire agreement clause,” whereby a court can only look at the words in the contract; oral conversations and promises will not be considered b. this is a “severability clause,” and it ensures that if one provision in a contract is unenforceable, the rest of the contract will still be enforceable c. this is a clause that primarily protects the interests of the employee d. this is a clause that courts rarely enforce because it too often favours the employer

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapters 2, 5: Instructor Version

16. Which one of the following types of background checks should generally be done before a conditional offer of employment has been made? a. education checks b. job reference checks c. credit checks d. police record checks 17. Which of the following is not an advantage of having a written employment contract? a. addresses potentially contentious issues early b. reduces uncertainty c. reduces risk of misunderstanding d. reduces peer-to-peer comparison of employment terms 18. Which of the following is NOT a common law test to determine if someone is an independent contractor or an employee: a. the amount of control the individual exercises over how the work is done b. the extent to which the individual provides his or her own equipment c. the existence of a written contract specifying that the individual is an independent contractor d. the length of time the individual dedicates to the organization on an exclusive basis 19. When negotiating to enter into a short-term employment contract, Tom offered Sally $500/week by way of an e-mail. Sally countered by writing that $750/week was her minimum or “bottom line”. Tom forwarded her a contract to sign with $500/week outlined as her wage. Sally crossed the salary out and handwrote $750 before signing and returning the contract. Which of the following statements most accurately describes this situation? a. Tom made an offer of $500/week and Sally accepted by way of her signature despite crossing this number out. A valid contract for $500/week exists between Tom and Sally. b. Tom made an offer of $500/week and Sally accepted a contract for $750/week by way of her handwritten modification and signature. A valid contract for $750 exists between Tom and Sally. c. Tom made an offer of $500/week and Sally made her own offer of $750/week.

Despite the existence of the written contract, the last offer always represents the bargain struck between the parties. Sally merely clarified this by handwriting on the contract. A valid contract exists for $750/week. d. Tom made an offer, Sally rejected that offer and made a counter-offer. No valid contract exists because not all elements of a contract exist.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapters 2, 5: Instructor Version

20. Adam was hired to work on a 2 year fixed-term contract with ABC Company (located in British Columbia). The project for which Adam was hired was going well but running behind. Adam wanted to see the project through and having no other employment, continued working as he had been for a little over four months past the end of his contract date when the project completed. Which of the following best describes this situation? a. As Adam completed a fixed-term contract he is not due any severance. b. Adam should be paid severance pursuant to the Employment Standards Act on the basis of the length of his original fixed-term contract. c. Since Adam was working under a fixed-term contract, he is not considered an employee and therefore does not qualify for protection under the Employment Standards Act. d. Adam continued to work after the fixed-term contract ended, transforming him into an indefinite term employee. He would be subject severance according to the Employment Standards Act and the common law.

True or False 1. If an employment contract does not contain a clause setting out a probationary period, a judge will read such a clause into the contract and assume a probationary period of a minimum of three months.

2. A restrictive covenant is an agreement between the employer and employee that sets limits on what the employee may do even after he or she leaves the employment relationship.

3. If an employment contract does not contain a termination clause, a judge will read into the contract an implied requirement that the employer provide reasonable notice of termination.

4. If an employer withdraws a job offer because of changed economic circumstances, it may still be legally liable for reasonable notice of termination of the employment contract.

5. As long as an employment contract is in writing, only two elements are needed to form a binding agreement—offer and acceptance.

6. An employer will be liable for negligent misrepresentation even if the person who made the misrepresentation honestly believed the statement was true.

7. Only written employment contracts are legally enforceable.

8. The “non-solicitation” restrictive covenant is intended to prevent employees from disrupting coworkers with personal fundraising and related solicitations.

9. Lawsuits against former employers for giving negative references are rare.

10. Under the common law, an employee has an implied duty to provide reasonable notice of resignation.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapters 2, 5: Instructor Version

11. It is best to have a written employment contract signed by a new employee just after that employee starts work.

12. In British Columbia, an employer may refuse to hire someone who has a criminal record, even if the record does not relate to the job being applied for.

13. A direct relationship between the work and personal credit information is required before an employer can use information gathered in a credit check to inform their hiring decision.

14. An employer in Alberta or British Columbia is required to conduct a police check for all job applicants whose job duties include handling money.

15. The only background check that should be done after a conditional offer of employment is the job reference check.

16. To be considered a full-time employee in Alberta or British Columbia, an employee must work at least 35 hours per week for that employer.

17. Under the contra proferentem rule, ambiguous language in the employment contract will tend to be interpreted against the interests of the party who drafted that contract.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapters 2, 5: Instructor Version

Chapters 2 and 5: Answer Key Multiple Choice 1. C 2. A 3. A 4. B 5. D 6. C 7. B 8. D 9. B 10. A 11. B 12. A 13. D 14. C 15. A 16. B 17. D 18. C 19. D 20. D True or False 1. False 2. True 3. True 4. True 5. False 6. True 7. False 8. False 9. True 10. True 11. False 12. False 13. True 14. False 15. False 16. false 17. True

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 3: Student Version

Chapter 3: Unionized Workplaces Multiple Choice 1. Which of the following is a fundamental feature of labour law? a. requirement for unions in heavy industries such as automobile manufacturing b. right of individuals in unionized workplaces to refuse to pay union dues c. right of unions to use economic sanctions for bargaining leverage d. right of employers to fire and replaced a unionized workforce 2. Which of the following is not a way the common law historically worked against unions? a. crime of conspiracy b. tort of conspiracy c. contract law rules of rescission d. private property and the right to exclude strikers and organizers from land 3. Modern labour law is based on the: a. War Measures Act model b. Privy Council Order model c. Industrial Relations model d. Wagner Act model 4. Which of the following is not a basic principle of modern labour law? a. right to join a union b. arbitration-imposed first agreement c. duty to bargain in good faith d. collective agreement as an enforceable rulebook for workplace conditions and procedures 5. A union in which all employees in the bargaining unit must join the union as members once they are hired is called a/an: a. union shop b. closed shop c. Rand-formula shop d. open shop

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 3: Student Version

6. Labour Relations Boards: a. are administrative tribunals whose primary role is to hear appeals of decisions by labour arbitrators b. must vet and approve all proposed collective agreements c. are funded by matching dues from unions and employers d. oversee the certification process for new unions 7. Most disputes about the interpretation or enforcement of collective agreements are decided by: a. arbitrators appointed jointly by the union and employer b. Labour Relations Boards c. courts 8.

“Union security” refers to: a. guards hired to accompany striking workers on the picket line b. the right of workers to form a union c. requirements that employees become union members or pay dues d. the constitutionally protected right to collectively bargain

9. The employees who are bound by the collective agreement that a union negotiates are the ones who are in that union’s: a. constitution b. bargaining unit c. membership d. certificate 10. Union density (the percentage of workers who are unionized) in Canada has been in what range for the past two decades? a. 30-34% b. 73-75% c. 17-21% d. 43-46% 11. Before the LRB will hold a certification vote, it requires what percentage of workers in the proposed bargaining unit to express support for the union? a. 40% in British Columbia and Alberta b. 30% in British Columbia and 40% in Alberta c. 25% in Alberta and 30% in British Columbia d. 45% in British Columbia and 40% in Alberta Copyright © 2021 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 3: Student Version

12. Which of the following is an effect of certification? a. no raiding is permitted until the newly certified union has negotiated its first collective agreement with the employer b. the employer must negotiate with the newly certified union, and not with individual employees or other unions or employee organizations c. employees must allow the union to represent them for at least two years before they are allowed to apply for decertification d. none of these are effects of certification 13. Which of the following is not an unfair labour practice? a. failure to bargain in good faith b. discrimination against an employee who supports unionization, before a union is in place c. shutting down an unprofitable branch of the business during negotiation of a new collective agreement d. a union refusing to allow a member to join due to that person’s political affiliations 14. Under Alberta and BC law, which of the following is not part of the definition of, or requirements for, a “collective agreement”? a. lasting at least one year b. in writing c. setting out rates of pay and working conditions d. approved by the LRB 15. The McGavin Toastmaster decision from 1976 is important because it established that: a. there can be no strikes or lockouts during the term of a collective agreement b. the collective agreement displaces any individual contract of employment with those in the bargaining unit c. a general legal rule that contradicts the scheme of a collective agreement does not apply to that workplace d. employers with unionized workers cannot shut down branches of their operations while a collective agreement is in place 16. Most disputes in unionized workplaces are resolved according to the: a. terms of the collective agreement b. Canadian Charter of Rights and Freedoms c. Labour Relations Code d. employment standards legislation in the province

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 3: Student Version

17. Which of the following is a common term in a collective agreement? a. incorporation of the provincial employment standards statute to cover most working conditions b. union security clause c. prohibition on dismissal of employees without the union’s consent d. rules for where and how picketing takes place during a strike 18. The legal regulation of strikes and lockouts addresses two main questions: a. the times of year at which a strike or lockout may occur, and what activity is allowed during a strike or lockout b. which kinds of employers are allowed to lock out or be struck, and what activity is allowed during a strike or lockout c. when a strike or lockout may occur, and who is allowed to go on strike or be locked out d. when a strike or lockout may occur, and what activity is allowed during a strike or lockout 19. Which of the following is not a required step, in either British Columbia or Alberta, before a union can start “job action” under a strike? a. notice to a mediator of the intention to strike, where a mediator has been appointed b. 72 hours’ notice to the LRB c. arbitration of the last offer the employer made at the bargaining table d. secret ballot vote by the employees on whether to authorize a strike 20. When a court finds that a law violates a Charter right or freedom, the next step for the court is to: a. declare that the law is invalid b. rewrite the law so that it will be valid c. consider whether the violation is justifiable d. interpret the law in narrower way, to remove the violation 21. Which of the following circumstances would not lead to a valid decertification: a. A majority of the bargaining unit employees vote to decertify b. A unionized company is sold to a new owner whom runs a similar business that is nonunion c. The BC LRB orders a decertification because of violations made by the union d. Another union has initiated a raid to replace the existing certification

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 3: Student Version

22. Which of the following is not an example of an unfair labour practice? a. Either the union or the employer refuses to negotiate a collective agreement b. Attempting to organize workers on the employer’s property without permission of the employer while employees are working c. Reaching out to employees without their permission on social media to entice them to form a union d. Disciplining or expelling a union member for continuing to work during a strike True or False 1. The organizing phase is almost always the shortest phase in the establishment of a union.

2. Decertification is the process by which a union loses the right to bargain exclusively on behalf of a defined unit of employees 3. One effect of executing a collective agreement is the peace obligation, which absolutely bars unions from striking and employers from locking out during the life of the agreement.

4. Once a union has been certified, the employer must immediately begin to negotiate a first collective agreement with the union.

5. Unfair labour practices can only occur after a union has applied for certification, since until then the employer has no duties to the union.

6. All employees who work in Alberta or British Columbia are covered by Alberta’s or British Columbia’s Labour Relations Code.

7. In both Alberta and British Columbia, the law forbids employers from employing “replacement workers” during strikes or lockouts.

8. A union must be certified before employees can go on strike or an employer can lock them out.

9. The procedures necessary for a binding strike vote are found in unions’ constitutions or bylaws.

10. Although the right to strike is legally protected under statute and, since 2015, the Charter, legislation and the common law can regulate and restrict particular strike activities.

11. The collective agreement is a complete code for the relationship between the employer and the employees in the bargaining unit, including not only rights and duties but also procedures for resolving disputes.

12. In the 1980s and 1990s, the freedom of association in the Charter did not provide meaningful support to unions, and in fact had the potential to be used against unions.

13. The Charter applies only to the laws and actions of government, and cannot be used to directly challenge the actions or policies of a non-governmental employer.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 3: Student Version

14. The right to strike, now constitutionally protected under the Charter, prevents governments from making an “essential services” declaration that prevents a particular set of employees from taking job action.

15. The Supreme Court of Canada’s decision in Mounted Police Association does not require the federal and provincial governments to enable employees to form unions based on the Wagner Act model.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 3: Instructor Version

Chapter 3: Unionized Workplaces Multiple Choice 1. Which of the following is a fundamental feature of labour law? a. requirement for unions in heavy industries such as automobile manufacturing b. right of individuals in unionized workplaces to refuse to pay union dues c. right of unions to use economic sanctions for bargaining leverage d. right of employers to fire and replaced a unionized workforce 2. Which of the following is not a way the common law historically worked against unions? a. crime of conspiracy b. tort of conspiracy c. contract law rules of rescission d. private property and the right to exclude strikers and organizers from land 3. Modern labour law is based on the: a. War Measures Act model b. Privy Council Order model c. Industrial Relations model d. Wagner Act model 4. Which of the following is not a basic principle of modern labour law? a. right to join a union b. arbitration-imposed first agreement c. duty to bargain in good faith d. collective agreement as an enforceable rulebook for workplace conditions and procedures 5. A union in which all employees in the bargaining unit must join the union as members once they are hired is called a/an: a. union shop b. closed shop c. Rand-formula shop d. open shop

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 3: Instructor Version

6. Labour Relations Boards: a. are administrative tribunals whose primary role is to hear appeals of decisions by labour arbitrators b. must vet and approve all proposed collective agreements c. are funded by matching dues from unions and employers d. oversee the certification process for new unions 7. Most disputes about the interpretation or enforcement of collective agreements are decided by: a. arbitrators appointed jointly by the union and employer b. Labour Relations Boards c. courts 8.

“Union security” refers to: a. guards hired to accompany striking workers on the picket line b. the right of workers to form a union c. requirements that employees become union members or pay dues d. the constitutionally protected right to collectively bargain

9. The employees who are bound by the collective agreement that a union negotiates are the ones who are in that union’s: a. constitution b. bargaining unit c. membership d. certificate 10. Union density (the percentage of workers who are unionized) in Canada has been in what range for the past two decades? a. 30-34% b. 73-75% c. 17-21% d. 43-46% 11. Before the LRB will hold a certification vote, it requires what percentage of workers in the proposed bargaining unit to express support for the union? a. 40% in British Columbia and Alberta b. 30% in British Columbia and 40% in Alberta c. 25% in Alberta and 30% in British Columbia d. 45% in British Columbia and 40% in Alberta Copyright © 2021 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 3: Instructor Version

12. Which of the following is an effect of certification? a. no raiding is permitted until the newly certified union has negotiated its first collective agreement with the employer b. the employer must negotiate with the newly certified union, and not with individual employees or other unions or employee organizations c. employees must allow the union to represent them for at least two years before they are allowed to apply for decertification d. none of these are effects of certification 13. Which of the following is not an unfair labour practice? a. failure to bargain in good faith b. discrimination against an employee who supports unionization, before a union is in place c. shutting down an unprofitable branch of the business during negotiation of a new collective agreement d. a union refusing to allow a member to join due to that person’s political affiliations 14. Under Alberta and BC law, which of the following is not part of the definition of, or requirements for, a “collective agreement”? a. lasting at least one year b. in writing c. setting out rates of pay and working conditions d. approved by the LRB 15. The McGavin Toastmaster decision from 1976 is important because it established that: a. there can be no strikes or lockouts during the term of a collective agreement b. the collective agreement displaces any individual contract of employment with those in the bargaining unit c. a general legal rule that contradicts the scheme of a collective agreement does not apply to that workplace d. employers with unionized workers cannot shut down branches of their operations while a collective agreement is in place 16. Most disputes in unionized workplaces are resolved according to the: a. terms of the collective agreement b. Canadian Charter of Rights and Freedoms c. Labour Relations Code d. employment standards legislation in the province

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 3: Instructor Version

17. Which of the following is a common term in a collective agreement? a. incorporation of the provincial employment standards statute to cover most working conditions b. union security clause c. prohibition on dismissal of employees without the union’s consent d. rules for where and how picketing takes place during a strike 18. The legal regulation of strikes and lockouts addresses two main questions: a. the times of year at which a strike or lockout may occur, and what activity is allowed during a strike or lockout b. which kinds of employers are allowed to lock out or be struck, and what activity is allowed during a strike or lockout c. when a strike or lockout may occur, and who is allowed to go on strike or be locked out d. when a strike or lockout may occur, and what activity is allowed during a strike or lockout 19. Which of the following is not a required step, in either British Columbia or Alberta, before a union can start “job action” under a strike? a. notice to a mediator of the intention to strike, where a mediator has been appointed b. 72 hours’ notice to the LRB c. arbitration of the last offer the employer made at the bargaining table d. secret ballot vote by the employees on whether to authorize a strike 20. When a court finds that a law violates a Charter right or freedom, the next step for the court is to: a. declare that the law is invalid b. rewrite the law so that it will be valid c. consider whether the violation is justifiable d. interpret the law in narrower way, to remove the violation 21. Which of the following circumstances would not lead to a valid decertification: a. A majority of the bargaining unit employees vote to decertify b. A unionized company is sold to a new owner whom runs a similar business that is nonunion c. The BC LRB orders a decertification because of violations made by the union d. Another union has initiated a raid to replace the existing certification

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 3: Instructor Version

22. Which of the following is not an example of an unfair labour practice? a. Either the union or the employer refuses to negotiate a collective agreement b. Attempting to organize workers on the employer’s property without permission of the employer while employees are working c. Reaching out to employees without their permission on social media to entice them to form a union d. Disciplining or expelling a union member for continuing to work during a strike True or False 1. The organizing phase is almost always the shortest phase in the establishment of a union.

2. Decertification is the process by which a union loses the right to bargain exclusively on behalf of a defined unit of employees 3. One effect of executing a collective agreement is the peace obligation, which absolutely bars unions from striking and employers from locking out during the life of the agreement.

4. Once a union has been certified, the employer must immediately begin to negotiate a first collective agreement with the union.

5. Unfair labour practices can only occur after a union has applied for certification, since until then the employer has no duties to the union.

6. All employees who work in Alberta or British Columbia are covered by Alberta’s or British Columbia’s Labour Relations Code.

7. In both Alberta and British Columbia, the law forbids employers from employing “replacement workers” during strikes or lockouts.

8. A union must be certified before employees can go on strike or an employer can lock them out.

9. The procedures necessary for a binding strike vote are found in unions’ constitutions or bylaws.

10. Although the right to strike is legally protected under statute and, since 2015, the Charter, legislation and the common law can regulate and restrict particular strike activities.

11. The collective agreement is a complete code for the relationship between the employer and the employees in the bargaining unit, including not only rights and duties but also procedures for resolving disputes.

12. In the 1980s and 1990s, the freedom of association in the Charter did not provide meaningful support to unions, and in fact had the potential to be used against unions.

13. The Charter applies only to the laws and actions of government, and cannot be used to directly challenge the actions or policies of a non-governmental employer.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 3: Instructor Version

14. The right to strike, now constitutionally protected under the Charter, prevents governments from making an “essential services” declaration that prevents a particular set of employees from taking job action.

15. The Supreme Court of Canada’s decision in Mounted Police Association does not require the federal and provincial governments to enable employees to form unions based on the Wagner Act model.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 3: Instructor Version

Chapter 3: Answer Key Multiple Choice 1. C 2. C 3. D 4. B 5. C 6. D 7. A 8. C 9. B 10. A 11. D 12. B 13. C 14. D 15. B 16. A 17. B 18. D 19. C 20. C [This is necessary for all violations: s 1 applies to every right or freedom.]

21. B 22. C True or False 1. False 2. True 3. True 4. False 5. False

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 3: Instructor Version

6. False 7. False 8. True 9. False 10. True 11. True 12. True 13. True 14. False [The Sask Fed of Labour case finds one overbroad essential services provision to violate the Act, but not the concept of essential services.]

15. True [The case upholds a right to form unions and negotiate meaningfully, but does not require one particular model.]

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 4: Student Version

Chapter 4: Canada Labour Code Multiple Choice 1. The Canada Labour Code (CLC) is an important piece of legislation for HR managers in Alberta and BC to know because: a. all provincial labour legislation must comply with the provisions in the CLC b. it covers a large proportion of employees across Canada c. it only applies to the unionized sector, but this is a large sector in Canada d. some employers operating in Alberta and BC may need to comply with the CLC as well as provincial legislation 2. Which of the following employers would need to comply with the CLC? a. an oil and gas company with a pipeline that runs through Alberta and BC b. a First Nations school c. Canada Post d. a trucking company that crosses provincial borders 3. The CLC has three parts addressing which of the following topics? a. industrial relations, employment standards, and human rights b. industrial relations, occupational health and safety, and employment standards c. occupational health and safety, human rights, and employment standards d. occupational health and safety, human rights, and unionization 4. In order to join a union, employees in the federal sector must: a. hold a secret ballot vote where more than 50% of the employees who vote indicate they wish to become unionized b. hold a secret ballot vote where more than 40% of the employees who vote indicate they wish to become unionized c. hold a vote where the industrial relations board is convinced that more than 60% of the employees wish to become unionized d. hold a vote where the corporate board is convinced that more than 40% of the employees wish to become unionized

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 4: Student Version

5. Which of the following collective agreement clauses are required by the CLC? a. a grievance process and compulsory dues check-off b. technological change and voting procedures c. technological change and compulsory arbitration d. compulsory arbitration and compulsory dues check-off 6. If the Canada Industrial Relations Board (CIRB) determines that conciliation will not enable the parties entering a first collective agreement to successfully negotiate the terms and conditions on their own, the CIRB may do which of the following? a. decertify the union b. negotiate on behalf of the union c. fine the employer for failing to negotiate in good faith d. determine the terms and conditions of employment for the parties 7. Which of the following is not required by the CLC before a strike or lockout can occur? a. 72 hours’ notice b. 21 days with a conciliation officer c. the collective agreement must be in force d. notice to bargain must be given 8. Which of the following is not considered an unfair labour practice under the CLC? a. discrimination against employees who are part of a union b. employers with over 50 employees failing to form a workplace safety committee c. organizing on company property without permission of the employer d. union raiding 9. Sandra is two months pregnant and believes that the chemicals she uses in her work are not safe for the fetus. According to the CLC, she can expect her employer to: a. consult with a qualified medical expert to find out if there is a risk b. protect her but not her fetus, therefore forcing her to take her maternity leave early c. offer her a special leave of absence which will be added onto her maternity leave benefit d. require her to have regular exams, and provide the results of those exams to the employer 10. Which of the following is not an employer obligation under Part II of the CLC? a. using safety equipment, materials, devices, and clothing as prescribed b. investigating and reporting all accidents c. maintaining health and safety records d. training employees in safe procedures Copyright © 2020 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 4: Student Version

11. Which of the following statements about hours of work is true, according to the CLC? a. employees must vote if they want to work more than 40 standard hours per week b. every hour of overtime is paid at two times the employee’s regular rate of pay c. employers can exceed the maximum 48-hour week if they provide enough notice to employees d. employers can exceed the maximum 48-hour week if they get an unexpected order they want to fill to satisfy a client 12. Which of the following statements about the enforcement of Part III of the CLC is not true? a. enforcement of the CLC is complaint based b. the minister appoints inspectors when complaints are made c. inspectors determine whether there has been a violation of the CLC, and their decisions are final d. inspectors can require employers to produce employment-related documents and records 13. Roger wishes to make a complaint for Unjust Dismissal. Which Part of the CLC would this fall under? a. Part I b. Part II c. Part III d. Part IV 14. Amy, on behalf of her company wishes to make a Wage Recover Appeal. Which Part of the CLC would this fall under? a. Part I b. Part II c. Part III d. Part IV True or False 1. The process for certification and decertification under the CLC is essentially the same.

2. The purpose of certification is to establish the union as the main bargaining agent for the group of employees who voted to unionize. However, employees who didn’t vote to unionize can still negotiate their own terms and conditions of employment.

3. Under the CLC, collective bargaining may occur when a collective agreement is already in force and effect.

4. Compulsory dues check-off is often referred to as the Rand formula.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 4: Student Version

5. Compulsory dues check-off exists to ensure the duty of fair representation is followed.

6. Employers and unions rarely have difficulty negotiating their first collective agreement; it is normally subsequent agreements that are contentious.

7. In the federal jurisdiction, either the employer or the unionized employees can call for a work stoppage if they follow the CLC strike or lockout requirements.

8. Employers governed by the CLC are able to hire replacement workers as long as they are not trying to undermine the union’s representational capacity.

9. Employees have the right to refuse work they believe is unsafe, although they can be disciplined for doing so.

10. Employers with more than 300 employees, governed by the CLC, must have a health and safety committee.

11. In the CLC, occupational health and safety is entirely the responsibility of the employer.

12. The penalties for violating occupational health and safety requirements under the CLC can include fines of up to $1 million, jail time, or both.

13. Employees in the federal jurisdiction are paid the same minimum wage as other employees in their province.

14. The CLC indicates how much pay in lieu of notice is required in the event of an individual termination but does not provide specific requirements for severance.

15. Sexual harassment is not addressed by the CLC. 16. An arbitrator will have jurisdiction to hear a complaint for unjust dismissal where the complainant employee was let go for lack of work.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 4: Instructor Version

Chapter 4: Canada Labour Code Multiple Choice 1. The Canada Labour Code (CLC) is an important piece of legislation for HR managers in Alberta and BC to know because: a. all provincial labour legislation must comply with the provisions in the CLC b. it covers a large proportion of employees across Canada c. it only applies to the unionized sector, but this is a large sector in Canada d. some employers operating in Alberta and BC may need to comply with the CLC as well as provincial legislation 2. Which of the following employers would need to comply with the CLC? a. an oil and gas company with a pipeline that runs through Alberta and BC b. a First Nations school c. Canada Post d. a trucking company that crosses provincial borders 3. The CLC has three parts addressing which of the following topics? a. industrial relations, employment standards, and human rights b. industrial relations, occupational health and safety, and employment standards c. occupational health and safety, human rights, and employment standards d. occupational health and safety, human rights, and unionization 4. In order to join a union, employees in the federal sector must: a. hold a secret ballot vote where more than 50% of the employees who vote indicate they wish to become unionized b. hold a secret ballot vote where more than 40% of the employees who vote indicate they wish to become unionized c. hold a vote where the industrial relations board is convinced that more than 60% of the employees wish to become unionized d. hold a vote where the corporate board is convinced that more than 40% of the employees wish to become unionized

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 4: Instructor Version

5. Which of the following collective agreement clauses are required by the CLC? a. a grievance process and compulsory dues check-off b. technological change and voting procedures c. technological change and compulsory arbitration d. compulsory arbitration and compulsory dues check-off 6. If the Canada Industrial Relations Board (CIRB) determines that conciliation will not enable the parties entering a first collective agreement to successfully negotiate the terms and conditions on their own, the CIRB may do which of the following? a. decertify the union b. negotiate on behalf of the union c. fine the employer for failing to negotiate in good faith d. determine the terms and conditions of employment for the parties 7. Which of the following is not required by the CLC before a strike or lockout can occur? a. 72 hours’ notice b. 21 days with a conciliation officer c. the collective agreement must be in force d. notice to bargain must be given 8. Which of the following is not considered an unfair labour practice under the CLC? a. discrimination against employees who are part of a union b. employers with over 50 employees failing to form a workplace safety committee c. organizing on company property without permission of the employer d. union raiding 9. Sandra is two months pregnant and believes that the chemicals she uses in her work are not safe for the fetus. According to the CLC, she can expect her employer to: a. consult with a qualified medical expert to find out if there is a risk b. protect her but not her fetus, therefore forcing her to take her maternity leave early c. offer her a special leave of absence which will be added onto her maternity leave benefit d. require her to have regular exams, and provide the results of those exams to the employer 10. Which of the following is not an employer obligation under Part II of the CLC? a. using safety equipment, materials, devices, and clothing as prescribed b. investigating and reporting all accidents c. maintaining health and safety records d. training employees in safe procedures Copyright © 2020 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 4: Instructor Version

11. Which of the following statements about hours of work is true, according to the CLC? a. employees must vote if they want to work more than 40 standard hours per week b. every hour of overtime is paid at two times the employee’s regular rate of pay c. employers can exceed the maximum 48-hour week if they provide enough notice to employees d. employers can exceed the maximum 48-hour week if they get an unexpected order they want to fill to satisfy a client 12. Which of the following statements about the enforcement of Part III of the CLC is not true? a. enforcement of the CLC is complaint based b. the minister appoints inspectors when complaints are made c. inspectors determine whether there has been a violation of the CLC, and their decisions are final d. inspectors can require employers to produce employment-related documents and records 13. Roger wishes to make a complaint for Unjust Dismissal. Which Part of the CLC would this fall under? a. Part I b. Part II c. Part III d. Part IV 14. Amy, on behalf of her company wishes to make a Wage Recover Appeal. Which Part of the CLC would this fall under? a. Part I b. Part II c. Part III d. Part IV True or False 1. The process for certification and decertification under the CLC is essentially the same.

2. The purpose of certification is to establish the union as the main bargaining agent for the group of employees who voted to unionize. However, employees who didn’t vote to unionize can still negotiate their own terms and conditions of employment.

3. Under the CLC, collective bargaining may occur when a collective agreement is already in force and effect.

4. Compulsory dues check-off is often referred to as the Rand formula.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 4: Instructor Version

5. Compulsory dues check-off exists to ensure the duty of fair representation is followed.

6. Employers and unions rarely have difficulty negotiating their first collective agreement; it is normally subsequent agreements that are contentious.

7. In the federal jurisdiction, either the employer or the unionized employees can call for a work stoppage if they follow the CLC strike or lockout requirements.

8. Employers governed by the CLC are able to hire replacement workers as long as they are not trying to undermine the union’s representational capacity.

9. Employees have the right to refuse work they believe is unsafe, although they can be disciplined for doing so.

10. Employers with more than 300 employees, governed by the CLC, must have a health and safety committee.

11. In the CLC, occupational health and safety is entirely the responsibility of the employer.

12. The penalties for violating occupational health and safety requirements under the CLC can include fines of up to $1 million, jail time, or both.

13. Employees in the federal jurisdiction are paid the same minimum wage as other employees in their province.

14. The CLC indicates how much pay in lieu of notice is required in the event of an individual termination but does not provide specific requirements for severance.

15. Sexual harassment is not addressed by the CLC. 16. An arbitrator will have jurisdiction to hear a complaint for unjust dismissal where the complainant employee was let go for lack of work.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 4: Instructor Version

Chapter 4: Answer Key Multiple Choice 1. D 2. D 3. B 4. A 5. A 6. D 7. C 8. B 9. A 10. A 11. A 12. C 13. C 14. C True/False 1. True 2. False 3. True 4. True 5. False 6. False 7. True 8. True 9. False 10. True 11. False

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 4: Instructor Version

12. True 13. True 14. False 15. False 16. False

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 6 (Alberta): Student Version

Chapter 6: Employment Standards Legislation (Alberta) Multiple Choice 1. Which of the following statements concerning Employment Standards legislation is not true? a. The legislation and associated Regulations set minimum standards of employment for affected employees b. If an employer promises a great right or benefit that relates to a specific entitlement under the legislation, then that greater right or benefit will be enforced if there is a complaint c. Enforcement of rights is a complaint-based process d. Employees in a management capacity are not covered by Employment Standards legislation 2. Under Alberta’s ESC, an employer should generally keep employee records for at least: a. one year after the events they record b. two years after the events they record c. three years after the events they record d. five years after the events they record 3. Which of the following categories of businesses and professions will be subject to the Employment Standards legislation in Alberta? a. farm and ranch employees b. independent contractors c. employees of chartered banks d. academic staff of institutions covered by the Post-Secondary Learning Act 4. Even with a signed authorization from the employee, an employer cannot make a deduction from an employee’s wages to cover a cash shortage unless: a. the employee has sole access and control over the cash in question b. the dollar amount of the cash is less than $500 c. the employee is a supervisor or managerial employee

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 6 (Alberta): Student Version

5. Joe earns $16 per hour. Under Alberta’s overtime provisions, his overtime premium pay would be: a. $16.00 per hour b. $18.00 per hour c. $20.00 per hour d. $24.00 per hour 6. In Alberta, statutory parental leave for the biological mother is: a. up to 17 weeks in length b. up to 35 weeks in length c. up to 37 weeks in length d. up to 52 weeks in length 7. To qualify for compassionate care leave under Alberta’s employment standards, an employee must: a. work for an employer who has at least 50 employees in Alberta b. have worked at least 90 days for the employer c. be eligible to receive compassionate care benefits under the federal employment insurance legislation 8. If Sadie started work on January 1, 2015, under Alberta’s Employment Standards, her employer must allow her to take her statutory vacation time before: a. January 1, 2016 b. June 30, 2016 c. November 1, 2016 d. January 1, 2017 9. To calculate the average daily rate for general holiday pay in Alberta, the employer adds the regular wages earned during the nine weeks before the week in which the general holiday occurs, and divides by: a. 45 b. 63 c. the number of regular workdays in that period d. the number of days worked in that period

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 6 (Alberta): Student Version

10. Which of the following types of employees are exempt from the payment of overtime? a. salaried employees b. managerial employees c. part-time employees 11. Under the ECS, the three-hour rule means that an eligible employee who comes into work as scheduled but is sent home before working at least three hours is entitled to receive: a. three hours’ pay at his or her regular rate b. the greater of three hours’ pay at minimum wage or his or her regular wage for the time worked c. 1.5 times his or her regular wage for the time worked 12. Under the ESC, overtime premium pay must be paid in Alberta after: a. 37.5 hours per week b. 40 hours per week c. 44 hours per week d. 48 hours per week 13. Under the ESC, an employee who works 50 hours in a week and who agrees to take time off instead of receiving overtime premium pay for that overtime is entitled to: a. 3 hours of paid time off in lieu of overtime pay b. 6 hours of paid time off in lieu of overtime pay c. 9 hours of paid time off in lieu of overtime pay d. 15 hours of paid time off in lieu of overtime pay 14. Under Alberta’s ESC, an employee is entitled to receive three weeks’ vacation time after: a. 5 consecutive years of employment b. 10 consecutive years of employment c. 15 consecutive years of employment 15. Which one of the following days is not one of the nine general holidays set out in Alberta’s ESC? a. Boxing Day b. Canada Day c. Labour Day d. Remembrance Day

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 6 (Alberta): Student Version

16. To qualify for maternity leave under Alberta’s ESC, a pregnant employee must have: a. worked at least 52 weeks before the expected due date b. been employed with the employer at least 90 days before the expected due date c. worked at least 15 weeks before the expected due date d. been employed with the employer at least 15 weeks before the expected due date 17. Alberta’s personal emergency leave provisions entitle employees to up to: a. five unpaid days of leave each calendar year b. one unpaid day of leave for each month worked c. ten unpaid days of leave each calendar year d. Alberta’s ESC does not have a personal emergency leave provision 18. Which of the following types of employees are not covered by the provisions of Alberta’s ESC? a. professionals b. supervisors c. air transport workers d. students under 18 19. In which of the following circumstances can the employer not make deductions from an employee’s wages under Alberta’s ESC? a. where there is a court order authorizing such payment b. for Canada Pension Plan contributions c. where the employee has signed a written statement authorizing the deduction for losses caused by faulty work 20. The three-hour rule under Alberta’s ESC does not apply to: a. an employee who works from home b. students working on weekends or after school c. situations where plant machinery breaks down due to poor maintenance d. employees whose regular shift is more than three hours 21. Under Alberta’s ESC, military reservists are entitled to unpaid leave for the time they are deployed if they have worked for their employer for at least: a. 26 consecutive weeks b. 9 consecutive months c. 52 consecutive weeks d. 24 consecutive months

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 6 (Alberta): Student Version

22. Under Alberta’s Employment Standards, an employee who is the primary caregiver of a seriously ill family member may be eligible for unpaid, job-protected leave of up to: a. 27 weeks b. 36 weeks c. 52 weeks 23. In Alberta, employees who take statutory leaves, retain the following right(s): a. right to reinstatement b. right to accrue seniority c. right to salary increases that occurred during the leave 24. Under Alberta’s ESC, an adoptive mother is entitled to receive a total of: a. 17 consecutive weeks’ leave b. 35 consecutive weeks’ leave c. 37 consecutive weeks’ leave d. 52 consecutive weeks’ leave 25. In Alberta, the minimum wage rate: a. is increased annually, based on the rate of inflation b. increased in steps to $15.00 by yearend 2018 c. is increased on an ad hoc basis, whenever the government decides it should be increased 26. Beatrice works a regular five-day workweek and earns $1,000 each week. Assuming she works her regularly scheduled day before and after the next general holiday, how much public holiday pay will she be entitled to receive for that day? a. $50 b. $100 c. $150 d. $200 27. Janette, a research assistant, works 46 hours this week for her employer, Ace Survey Co. Under the ESC, which one of the following is true? a. Janette must receive at least two hours’ pay at the overtime rate of pay b. Ace Survey Co. needs to get prior approval from the Ministry of Labour before allowing Janette (or any of its telemarketing employees) to work this many hours in a week c. as a telemarketer, Janette is not covered by overtime pay requirements

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 6 (Alberta): Student Version

28. Under Alberta’s ESC, personal emergency leave is available to employees who work for organizations that regularly employ, in Alberta, at least: a. 10 employees b. 25 employees c. 50 employees d. Alberta employment standards do not provide leave for this purpose 29. Under Alberta’s ESC, an employee is eligible for compassionate care leave if a qualified medical practitioner certifies that a close relative (or other specified person) is in serious danger of dying within the next: a. 8 weeks b. 13 weeks c. 20 weeks d. 26 weeks True or False 1. Eating periods do not count toward overtime hours or maximum hours of work.

2. The director of employment standards may grant a variance to the employment standards as they apply in certain situations at a workplace.

3. Under the ESC, all provincially regulated employers must now provide their employees with paid time off on the third Monday in February.

4. An employee who decides to return to work from maternity or parental leave must provide the employer with at least four weeks’ notice before the new return date.

5. Under the compassionate care leave provisions in Alberta, the leave may be taken consecutively or in two periods.

6. All complaints under Alberta’s ESC must be made within six months of the last violation.

7. Unionized employees are not covered by Alberta’s ESC. 8. Members of a municipal police service appointed pursuant to the Police Act are not covered by the provisions of the ESA, with the exception of provisions related to maternity leave, parental leave or reservist leave.

9. Most employees in Alberta are entitled to have at least 12 consecutive hours off between shifts.

10. Employees in Alberta can be required to work hours in excess of the statutory maximum hours of work as directed by the employer.

11. An employer can lower an employee’s regular wage to avoid paying overtime premium pay only if it has the employee’s written agreement.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 6 (Alberta): Student Version

12. Under Alberta’s ESC, parties to an employment relationship are not obliged to get approval from the director of employment standards for implementing a compressed workweek.

13. Employers in Alberta must retain records of any compressed workweek plan for three years.

14. Under Alberta’s ESC, an employer has to pay an employee who is on statutory leave at least one-half of his or her regular wages if the employee is not eligible for employment insurance benefits.

15. Statutory parental leave is limited to biological parents.

16. If a parent returns from pregnancy or parental leave early, he or she gives up the statutory right to take the remainder of the leave.

17. Alberta’s compassionate care leave provisions allow an employee to take up to 8 weeks off in a 30-week period to take care of a gravely ill family member.

18. Employees who take a statutory leave in Alberta are entitled to return to the same position after their leave, with all salary adjustments that occurred during the leave.

19. Alberta’s ESC applies to every employee who works in Alberta.

20. Under Alberta’s ESC, employers are not legally required to provide coffee breaks to their employees.

21. Under Alberta’s ESC, an employee may be entitled to vacation pay but not vacation time if he or she has worked only a short period of time.

22. In Alberta all service (i.e. including credit for time on statutory leaves) is included in calculating an employee’s entitlement to vacation time.

23. Any agreement by the parties to an employment relationship that waives a provision of the Act is void.

24. Under Alberta’s ESC, if an employer and employee are unable to agree to a mutually satisfactory start date for the employee’s annual vacation, the employer can decide when the vacation will be taken, with two weeks written notice to the employee.

25. Under Alberta’s ESC, time off for compassionate care leave, if taken in two periods, must conclude within 26 weeks of the date the first period of leave commenced.

26. Under Alberta’s ESC, an employee who has taken maternity or parental leave is not entitled to take compassionate care leave in the same calendar year as the maternity or parental leave was taken.

27. Under Alberta’s ESC, employees stop earning credits toward vacation time while on parental leave.

28. In order to designate a plant shutdown for two weeks in the summer as vacation time, the employer requires the employee’s agreement in writing.

29. Under Alberta’s ESC, some employees may be required by their employer to work on a general holiday that falls on a regular working day.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 6 (Alberta): Student Version

30. Under Alberta’s ESC, vacation pay and vacation time are separate entitlements.

31. Under Alberta’s ESC, part-time employees are not eligible for compassionate care leave.

32. Statutory leaves under the ESC (e.g., maternity, parental, reservist, and compassionate care leaves) are unpaid by the employer.

33. An employee whose wages are based on commission is not covered by Alberta’s minimum wage requirements.

34. Employees who are exempt from overtime pay under the ESC may still be entitled to overtime pay under their employment contract or an office policy.

35. In Alberta, monetary tips received from customers are included in calculating wages for purposes of determining the hourly wage rate for employees who serve liquor as part of their regular job.

36. In Alberta, an employee whose employment is terminated may file a complaint under the ESC while suing the employer for wrongful dismissal relating to the same termination.

37. In Alberta, where an employer contravenes provisions of the ESC, penalties can be up to $100,000 for the corporation.

38. Class action lawsuits are only appropriate where there is a common issue of law or fact involved.

39. Commissioned salespeople who work outside the workplace but sell on a particular “route” are not covered by the minimum wage requirements under the ESC. 40. High-earning employees who exercise considerable autonomy over their own work are exempt from the ESC’s overtime pay requirements.

41. Every employee who works in Alberta is entitled to receive Family Day off.

42. Managers whose job duties are entirely managerial or supervisory in nature are not covered by any of the standards in Alberta’s ESC. 43. To be eligible for vacation time under Alberta’s ESC, an employee must have worked at least 10 consecutive months for his or her employer.

44. Fatima is a part-time employee in Alberta who has just recently completed her 90 day probationary period with her employer. Fatima is now eligible for maternity leave under Alberta’s ESC. 45. To be eligible for compassionate care leave, an employee must provide a certificate from a physician that a family member (or someone who is like family) has a serious medical condition with significant risk of death within 26 weeks.

46. Employees who qualify for compassionate care leave may take up to 52 weeks of

unpaid leave to provide care or support to a critically ill child whose life is at risk because of illness or injury.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 6 (Alberta): Student Version

47. In most circumstances, an employment standards officer will be assigned to a complaint after the employee has contacted, or tried to contact, his or her employer about the issue leading to the complaint.

48. In Alberta, the introduction of The Enhanced Protection of Farm and Ranch Workers Act was strongly protested by many farmers and ranchers, who saw it as an effort by the government to unduly interfere with their family farming and ranching operations.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 6 (Alberta): Student Version

1.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 6 (Alberta): Instructor Version

Chapter 6: Employment Standards Legislation (Alberta) Multiple Choice 1. Which of the following statements concerning Employment Standards legislation is not true? a. The legislation and associated Regulations set minimum standards of employment for affected employees b. If an employer promises a great right or benefit that relates to a specific entitlement under the legislation, then that greater right or benefit will be enforced if there is a complaint c. Enforcement of rights is a complaint-based process d. Employees in a management capacity are not covered by Employment Standards legislation 2. Under Alberta’s ESC, an employer should generally keep employee records for at least: a. one year after the events they record b. two years after the events they record c. three years after the events they record d. five years after the events they record 3. Which of the following categories of businesses and professions will be subject to the Employment Standards legislation in Alberta? a. farm and ranch employees b. independent contractors c. employees of chartered banks d. academic staff of institutions covered by the Post-Secondary Learning Act 4. Even with a signed authorization from the employee, an employer cannot make a deduction from an employee’s wages to cover a cash shortage unless: a. the employee has sole access and control over the cash in question b. the dollar amount of the cash is less than $500 c. the employee is a supervisor or managerial employee

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 6 (Alberta): Instructor Version

5. Joe earns $16 per hour. Under Alberta’s overtime provisions, his overtime premium pay would be: a. $16.00 per hour b. $18.00 per hour c. $20.00 per hour d. $24.00 per hour 6. In Alberta, statutory parental leave for the biological mother is: a. up to 17 weeks in length b. up to 35 weeks in length c. up to 37 weeks in length d. up to 52 weeks in length 7. To qualify for compassionate care leave under Alberta’s employment standards, an employee must: a. work for an employer who has at least 50 employees in Alberta b. have worked at least 90 days for the employer c. be eligible to receive compassionate care benefits under the federal employment insurance legislation 8. If Sadie started work on January 1, 2015, under Alberta’s Employment Standards, her employer must allow her to take her statutory vacation time before: a. January 1, 2016 b. June 30, 2016 c. November 1, 2016 d. January 1, 2017 9. To calculate the average daily rate for general holiday pay in Alberta, the employer adds the regular wages earned during the nine weeks before the week in which the general holiday occurs, and divides by: a. 45 b. 63 c. the number of regular workdays in that period d. the number of days worked in that period

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 6 (Alberta): Instructor Version

10. Which of the following types of employees are exempt from the payment of overtime? a. salaried employees b. managerial employees c. part-time employees 11. Under the ECS, the three-hour rule means that an eligible employee who comes into work as scheduled but is sent home before working at least three hours is entitled to receive: a. three hours’ pay at his or her regular rate b. the greater of three hours’ pay at minimum wage or his or her regular wage for the time worked c. 1.5 times his or her regular wage for the time worked 12. Under the ESC, overtime premium pay must be paid in Alberta after: a. 37.5 hours per week b. 40 hours per week c. 44 hours per week d. 48 hours per week 13. Under the ESC, an employee who works 50 hours in a week and who agrees to take time off instead of receiving overtime premium pay for that overtime is entitled to: a. 3 hours of paid time off in lieu of overtime pay b. 6 hours of paid time off in lieu of overtime pay c. 9 hours of paid time off in lieu of overtime pay d. 15 hours of paid time off in lieu of overtime pay 14. Under Alberta’s ESC, an employee is entitled to receive three weeks’ vacation time after: a. 5 consecutive years of employment b. 10 consecutive years of employment c. 15 consecutive years of employment 15. Which one of the following days is not one of the nine general holidays set out in Alberta’s ESC? a. Boxing Day b. Canada Day c. Labour Day d. Remembrance Day

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 6 (Alberta): Instructor Version

16. To qualify for maternity leave under Alberta’s ESC, a pregnant employee must have: a. worked at least 52 weeks before the expected due date b. been employed with the employer at least 90 days before the expected due date c. worked at least 15 weeks before the expected due date d. been employed with the employer at least 15 weeks before the expected due date 17. Alberta’s personal emergency leave provisions entitle employees to up to: a. five unpaid days of leave each calendar year b. one unpaid day of leave for each month worked c. ten unpaid days of leave each calendar year d. Alberta’s ESC does not have a personal emergency leave provision 18. Which of the following types of employees are not covered by the provisions of Alberta’s ESC? a. professionals b. supervisors c. air transport workers d. students under 18 19. In which of the following circumstances can the employer not make deductions from an employee’s wages under Alberta’s ESC? a. where there is a court order authorizing such payment b. for Canada Pension Plan contributions c. where the employee has signed a written statement authorizing the deduction for losses caused by faulty work 20. The three-hour rule under Alberta’s ESC does not apply to: a. an employee who works from home b. students working on weekends or after school c. situations where plant machinery breaks down due to poor maintenance d. employees whose regular shift is more than three hours 21. Under Alberta’s ESC, military reservists are entitled to unpaid leave for the time they are deployed if they have worked for their employer for at least: a. 26 consecutive weeks b. 9 consecutive months c. 52 consecutive weeks d. 24 consecutive months

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 6 (Alberta): Instructor Version

22. Under Alberta’s Employment Standards, an employee who is the primary caregiver of a seriously ill family member may be eligible for unpaid, job-protected leave of up to: a. 27 weeks b. 36 weeks c. 52 weeks 23. In Alberta, employees who take statutory leaves, retain the following right(s): a. right to reinstatement b. right to accrue seniority c. right to salary increases that occurred during the leave 24. Under Alberta’s ESC, an adoptive mother is entitled to receive a total of: a. 17 consecutive weeks’ leave b. 35 consecutive weeks’ leave c. 37 consecutive weeks’ leave d. 52 consecutive weeks’ leave 25. In Alberta, the minimum wage rate: a. is increased annually, based on the rate of inflation b. increased in steps to $15.00 by yearend 2018 c. is increased on an ad hoc basis, whenever the government decides it should be increased 26. Beatrice works a regular five-day workweek and earns $1,000 each week. Assuming she works her regularly scheduled day before and after the next general holiday, how much public holiday pay will she be entitled to receive for that day? a. $50 b. $100 c. $150 d. $200 27. Janette, a research assistant, works 46 hours this week for her employer, Ace Survey Co. Under the ESC, which one of the following is true? a. Janette must receive at least two hours’ pay at the overtime rate of pay b. Ace Survey Co. needs to get prior approval from the Ministry of Labour before allowing Janette (or any of its telemarketing employees) to work this many hours in a week c. as a telemarketer, Janette is not covered by overtime pay requirements

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 6 (Alberta): Instructor Version

28. Under Alberta’s ESC, personal emergency leave is available to employees who work for organizations that regularly employ, in Alberta, at least: a. 10 employees b. 25 employees c. 50 employees d. Alberta employment standards do not provide leave for this purpose 29. Under Alberta’s ESC, an employee is eligible for compassionate care leave if a qualified medical practitioner certifies that a close relative (or other specified person) is in serious danger of dying within the next: a. 8 weeks b. 13 weeks c. 20 weeks d. 26 weeks True or False 1. Eating periods do not count toward overtime hours or maximum hours of work.

2. The director of employment standards may grant a variance to the employment standards as they apply in certain situations at a workplace.

3. Under the ESC, all provincially regulated employers must now provide their employees with paid time off on the third Monday in February.

4. An employee who decides to return to work from maternity or parental leave must provide the employer with at least four weeks’ notice before the new return date.

5. Under the compassionate care leave provisions in Alberta, the leave may be taken consecutively or in two periods.

6. All complaints under Alberta’s ESC must be made within six months of the last violation.

7. Unionized employees are not covered by Alberta’s ESC. 8. Members of a municipal police service appointed pursuant to the Police Act are not covered by the provisions of the ESA, with the exception of provisions related to maternity leave, parental leave or reservist leave.

9. Most employees in Alberta are entitled to have at least 12 consecutive hours off between shifts.

10. Employees in Alberta can be required to work hours in excess of the statutory maximum hours of work as directed by the employer.

11. An employer can lower an employee’s regular wage to avoid paying overtime premium pay only if it has the employee’s written agreement.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 6 (Alberta): Instructor Version

12. Under Alberta’s ESC, parties to an employment relationship are not obliged to get approval from the director of employment standards for implementing a compressed workweek.

13. Employers in Alberta must retain records of any compressed workweek plan for three years.

14. Under Alberta’s ESC, an employer has to pay an employee who is on statutory leave at least one-half of his or her regular wages if the employee is not eligible for employment insurance benefits.

15. Statutory parental leave is limited to biological parents.

16. If a parent returns from pregnancy or parental leave early, he or she gives up the statutory right to take the remainder of the leave.

17. Alberta’s compassionate care leave provisions allow an employee to take up to 8 weeks off in a 30-week period to take care of a gravely ill family member.

18. Employees who take a statutory leave in Alberta are entitled to return to the same position after their leave, with all salary adjustments that occurred during the leave.

19. Alberta’s ESC applies to every employee who works in Alberta.

20. Under Alberta’s ESC, employers are not legally required to provide coffee breaks to their employees.

21. Under Alberta’s ESC, an employee may be entitled to vacation pay but not vacation time if he or she has worked only a short period of time.

22. In Alberta all service (i.e. including credit for time on statutory leaves) is included in calculating an employee’s entitlement to vacation time.

23. Any agreement by the parties to an employment relationship that waives a provision of the Act is void.

24. Under Alberta’s ESC, if an employer and employee are unable to agree to a mutually satisfactory start date for the employee’s annual vacation, the employer can decide when the vacation will be taken, with two weeks written notice to the employee.

25. Under Alberta’s ESC, time off for compassionate care leave, if taken in two periods, must conclude within 26 weeks of the date the first period of leave commenced.

26. Under Alberta’s ESC, an employee who has taken maternity or parental leave is not entitled to take compassionate care leave in the same calendar year as the maternity or parental leave was taken.

27. Under Alberta’s ESC, employees stop earning credits toward vacation time while on parental leave.

28. In order to designate a plant shutdown for two weeks in the summer as vacation time, the employer requires the employee’s agreement in writing.

29. Under Alberta’s ESC, some employees may be required by their employer to work on a general holiday that falls on a regular working day.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 6 (Alberta): Instructor Version

30. Under Alberta’s ESC, vacation pay and vacation time are separate entitlements.

31. Under Alberta’s ESC, part-time employees are not eligible for compassionate care leave.

32. Statutory leaves under the ESC (e.g., maternity, parental, reservist, and compassionate care leaves) are unpaid by the employer.

33. An employee whose wages are based on commission is not covered by Alberta’s minimum wage requirements.

34. Employees who are exempt from overtime pay under the ESC may still be entitled to overtime pay under their employment contract or an office policy.

35. In Alberta, monetary tips received from customers are included in calculating wages for purposes of determining the hourly wage rate for employees who serve liquor as part of their regular job.

36. In Alberta, an employee whose employment is terminated may file a complaint under the ESC while suing the employer for wrongful dismissal relating to the same termination.

37. In Alberta, where an employer contravenes provisions of the ESC, penalties can be up to $100,000 for the corporation.

38. Class action lawsuits are only appropriate where there is a common issue of law or fact involved.

39. Commissioned salespeople who work outside the workplace but sell on a particular “route” are not covered by the minimum wage requirements under the ESC. 40. High-earning employees who exercise considerable autonomy over their own work are exempt from the ESC’s overtime pay requirements.

41. Every employee who works in Alberta is entitled to receive Family Day off.

42. Managers whose job duties are entirely managerial or supervisory in nature are not covered by any of the standards in Alberta’s ESC. 43. To be eligible for vacation time under Alberta’s ESC, an employee must have worked at least 10 consecutive months for his or her employer.

44. Fatima is a part-time employee in Alberta who has just recently completed her 90 day probationary period with her employer. Fatima is now eligible for maternity leave under Alberta’s ESC. 45. To be eligible for compassionate care leave, an employee must provide a certificate from a physician that a family member (or someone who is like family) has a serious medical condition with significant risk of death within 26 weeks.

46. Employees who qualify for compassionate care leave may take up to 52 weeks of

unpaid leave to provide care or support to a critically ill child whose life is at risk because of illness or injury.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 6 (Alberta): Instructor Version

47. In most circumstances, an employment standards officer will be assigned to a complaint after the employee has contacted, or tried to contact, his or her employer about the issue leading to the complaint.

48. In Alberta, the introduction of The Enhanced Protection of Farm and Ranch Workers Act was strongly protested by many farmers and ranchers, who saw it as an effort by the government to unduly interfere with their family farming and ranching operations.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 6 (Alberta): Instructor Version

Chapter 6: Answer Key Multiple Choice 1. D 2. C 3. A 4. A 5. D 6. C 7. D 8. D 9. D 10. B 11. B 12. C 13. B 14. A 15. A 16. B 17. D 18. C 19. C 20. A 21. A 22. A 23. A 24. C 25. B 26. D 27. A 28. D 29. D

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 6 (Alberta): Instructor Version

True or False 1. True 2. True 3. False 4. False 5. True 6. False 7. False 8. True 9. False 10. False 11. False 12. True 13. True 14. False 15. False 16. True 17. False 18. False 19. False 20. True 21. True 22. False 23. True 24. True 25. True 26. False 27. True 28. False 29. True 30. True 31. False

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 6 (Alberta): Instructor Version

32. True 33. False 34. True 35. False 36. False 37. True 38. True 39. False 40. False 41. False 42. False 43. False 44. True 45. True 46. False 47. True 48. True

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 6 (BC): Student Version

Chapter 6: Employment Standards Legislation (British Columbia) Multiple Choice 1. Which of the following statements concerning Employment Standards legislation is not true? a. The legislation and associated Regulations set minimum standards of employment for affected employees b. If an employer promises a great right or benefit that relates to a specific entitlement under the legislation, then that greater right or benefit will be enforced if there is a complaint c. Enforcement of rights is a complaint-based process d. Employees in a management capacity are not covered by Employment Standards legislation 2. Under BC’s ESA, an employer should generally keep employee records for at least: a. one year after the events they record b. two years after the events they record c. four years after the events they record d. five years after the events they record 3. Which of the following categories of businesses and professions will be subject to the Employment Standards legislation in BC? a. farm and ranch employees b. independent contractors c. employees of chartered banks d. academic staff of institutions covered by the Post-Secondary Learning Act 4. Joe earns $16 per hour. Under BC’s overtime provisions, his overtime premium pay would be: a.

$16.00 per hour

b. $18.00 per hour c. $20.00 per hour d. $24.00 per hour

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 6 (BC): Student Version

5. If Sadie started work on January 1, 2015, under BC’s Employment Standards, her employer must allow her to take her statutory vacation time before: a. January 1, 2016 b. June 30, 2016 c. November 1, 2016 d. January 1, 2017 6. To calculate the average daily rate for statutory holiday pay in BC, the employer adds the regular wages earned during the 30-calendar day period preceding the statutory holiday, and divided by: a. 45 b. 63 c. the number of regular workdays in that period d. the number of days worked in that period 7. Which of the following types of employees are exempt from the payment of overtime? a. salaried employees b. managerial employees c. part-time employees 8. Under the ECA, the two-hour rule means that an eligible employee who comes into work as scheduled but is sent home early is entitled to receive: a. two hours’ pay at his or her regular rate b. two hours pay if the employee was scheduled to work 8 hour or less, or four hours pay if the employee as scheduled to work more than 8 hours c. 1.5 times his or her regular wage for the time worked 9. Under the ESA, overtime premium pay must be paid in BC after: a. 37.5 hours per week b. 44 hours per week c. 40 hours per week d. 48 hours per week

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 6 (BC): Student Version

10. Under the ESA, an employee who works 50 hours in a week and who agrees to take time off instead of receiving overtime premium pay for that overtime is entitled to: a. 3 hours of paid time off in lieu of overtime pay b. 6 hours of paid time off in lieu of overtime pay c. 9 hours of paid time off in lieu of overtime pay d. 15 hours of paid time off in lieu of overtime pay 11. Under BC’s ESA, an employee is entitled to receive three weeks’ vacation time after: a. 5 consecutive years of employment b. 10 consecutive years of employment c. 15 consecutive years of employment 12. Which one of the following days is not one of the nine general holidays set out in BC’s ESA? a. Boxing Day b. Canada Day c. Labour Day d. Remembrance Day 13. To qualify for maternity leave under BC’s ESA, a pregnant employee must have: a. worked at least 52 weeks before the expected due date b. provide 4 weeks’ notice of her intention to go on leave c. worked at least 15 weeks before the expected due date d. been employed with the employer at least 90 days before the expected due date 14. BC’s family responsibility leave provisions entitle employees to up to: a. BC’s ESA does not have a personal emergency leave provision b. one unpaid day of leave for each month worked c. ten unpaid days of leave each calendar year d. five unpaid days of leave each calendar year 15. Which of the following types of employees are not covered by the provisions of BC’s ESA? a. professionals b. supervisors c. air transport workers d. students under 18

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 6 (BC): Student Version

16. In which of the following circumstances can the employer not make deductions from an employee’s wages under BC’s ESA? a. where there is a court order authorizing such payment b. for Canada Pension Plan contributions c. where the employee has signed a written statement authorizing the deduction for losses caused by faulty work 17. The two-hour rule under BC’s ESA does not apply to: a. an employee who unfit to work or violates health and safety rules b. students working on weekends or after school c. situations where plant machinery breaks down due to poor maintenance d. employees whose regular shift is more than three hours 18. Under BC’s Employment Standards, an employee who is the primary caregiver of a seriously ill family member may be eligible for unpaid, job-protected leave of up to: a. 36 weeks to care for a family member who is under the age of 19, and 16 weeks for a family member who is 19 years of age or older b. 27 weeks to care for a family member who is under the age of 19, and 17 weeks for a family member who is 19 years of age or older c. 52 weeks 19. In BC, employees who take statutory leaves, retain the following right(s): a. right to reinstatement b. right to accrue seniority c. right to salary increases that occurred during the leave 20. In BC, the minimum wage rate: a. is increased annually, based on the rate of inflation b. had increased in steps and will reach $15.20 by June 1, 2021 c. is increased on an ad hoc basis, whenever the government decides it should be increased 21. Beatrice works a regular five-day workweek and earns $1,000 each week. Assuming she qualifies for statutory holiday pay, how much statutory holiday pay will she be entitled to receive for that day? a. $50 b. $100 c. $150 d. $200

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 6 (BC): Student Version

22. Janette, a research assistant, works 46 hours this week for her employer, Ace Survey Co. Under the ESA, which one of the following is true? a. Janette must receive at least six hours’ pay at the overtime rate of pay b. Ace Survey Co. needs to get prior approval from the Ministry of Labour before allowing Janette (or any of its telemarketing employees) to work this many hours in a week c. as a telemarketer, Janette is not covered by overtime pay requirements 23. Under BC’s ESA, an employee is eligible for compassionate care leave if a qualified medical practitioner certifies that a close relative (or other specified person) is in serious danger of dying within the next: a. 8 weeks b. 13 weeks c. 20 weeks d. 26 weeks True or False 1. Meal breaks are unpaid and do not count toward overtime hours, unless the employee is required to work during the meal break.

2. The director of employment standards may grant a variance to certain employment standards, on application from an employer.

3. Employees who work shifts of six or more hours are entitled to not only a meal break but a 15-minute coffee break as well.

4. An employee who decides to return to work from maternity or parental leave must provide the employer with at least four weeks’ notice before the new return date.

5. Under the compassionate care leave provisions in British Columbia, the leave is limited to 27 weeks within a 52-week period. However, if the family member survives that period but remains at risk of death, the employee may take a second leave of up to 27 weeks for the same family member.

6. All complaints under British Columbia’s Employment Standards Act (ESA) must be made within one year of the last violation (for violations during the hiring process), or within one year of the last day of employment (for other violations of the Act).

7. Unionized employees are not covered by British Columbia’s ESA. 8. Under the BC Employment Standards Regulation, members of a number of professional associations are not covered by the ESA. These include doctors and lawyers.

9. Managers are not covered by British Columbia’s ESA.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 6 (BC): Student Version

10. Employers in British Columbia cannot ask employees to work hours in excess of the statutory maximum number of hours of work per day or week.

11. An employer can lower an employee’s regular wage to avoid paying overtime premium pay only if it has the employee’s written agreement.

12. Under British Columbia’s ESA, parties to an employment relationship are not obliged to get approval from the director of employment standards to implement an averaging agreement.

13. Employers in British Columbia must retain records of any averaging agreement for five years.

14. Under British Columbia’s ESA, an employer has to pay an employee who is on statutory leave at least one-half of his or her regular wages if the employee is not eligible for employment insurance benefits.

15. Statutory parental leave is limited to biological parents.

16. If a parent returns from pregnancy or parental leave early, he or she gives up the statutory right to take the remainder of the leave.

17. The British Columbia ESA’s provisions for family responsibility leave allow an employee to, among other things, take time off to attend the graduation ceremony of the employee’s child.

18. Employees who take a statutory leave in British Columbia are entitled to return to the same position after their leave, with all salary adjustments that occurred during the leave.

19. British Columbia’s ESA applies to every employee who works in the province.

20. Under British Columbia’s ESA, employers are not legally required to provide coffee breaks to their employees.

21. Under British Columbia’s ESA, an employee may be entitled to vacation pay but not vacation time if he or she has worked only a short period of time.

22. In British Columbia, all service (including credit for time on statutory leaves) is included in calculating an employee’s entitlement to vacation time, but the employer can decide whether to give vacation pay for time on leave.

23. Any agreement by the parties to an employment relationship that waives a provision of the ESA is void.

24. Under British Columbia’s ESA, employees may take their vacation in periods of one or more weeks, at the employee’s discretion; the employer cannot require that the vacation be taken in smaller increments.

25. Vacation time is in addition to time off for statutory holidays.

26. Under British Columbia’s ESA, an employee who has taken pregnancy or parental leave is not entitled to take compassionate care leave in the same calendar year as the maternity or parental leave was taken.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 6 (BC): Student Version

27. Under British Columbia’s ESA, employees stop earning credits toward vacation time while on parental leave.

28. An employer must give an employee vacation time within 12 months after the employee has earned it.

29. Under British Columbia’s ESA, an employer can ask an employee to work on a statutory holiday, as long as the employer pays the employee a regular day’s wage for that day.

30. Under British Columbia’s ESA, vacation pay and vacation time are separate entitlements.

31. Under British Columbia’s ESA, part-time employees are not eligible for family responsibility, bereavement, or compassionate care leave.

32. Statutory leaves under the ESA (e.g., pregnancy, parental, reservists’, and compassionate care leaves) are unpaid by the employer.

33. An employee whose wages are based on commission is not covered by British Columbia’s minimum wage requirements.

34. Employees who are exempt from overtime pay under the ESA may still be entitled to overtime pay under their employment contract or an office policy.

35. In British Columbia, an employee who takes parental leave must complete the leave within one year of the birth or adoption of the child.

36. In British Columbia, an employee whose employment is terminated may file a complaint under the ESA while suing the employer for wrongful dismissal relating to the same termination.

37. In British Columbia, when an employer contravenes provisions of the ESA, the director can impose penalties of up to $100,000 for corporate employers.

38. Class action lawsuits are only appropriate where there is a common issue of law or fact involved.

39. Commissioned salespeople who work outside the workplace but sell on a particular “route” are not covered by the minimum wage requirements under the ESA. 40. High-earning employees who exercise considerable autonomy over their own work are exempt from the ESA’s overtime pay requirements.

41. An employee who starts work at the beginning of February is entitled to a holiday on Family Day that month.

42. Managers whose job duties are entirely managerial or supervisory in nature are not covered by any of the standards in British Columbia’s ESA. 43. To be eligible for vacation time under British Columbia’s ESA, an employee must have worked at least 10 consecutive months for his or her employer.

Copyright © 2021 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 6 (BC): Student Version

44. Fatima is a part-time employee who began to work for her employer five months ago.

Fatima is not eligible for pregnancy leave under British Columbia’s ESA, because she has not reached the threshold of 52 weeks working for this employer.

45. An employee may not begin pregnancy leave more than 13 weeks before the due date, or begin it the day after the child is born.

46. A woman who takes pregnancy leave is also entitled to up to 61 weeks of parental leave. If she does not take pregnancy leave, she can take up to 62 weeks of parental leave.

47. Parental leave in British Columbia is only available to the biological parents.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 6 (BC): Student Version

1.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 6 (BC): Instructor Version

Chapter 6: Employment Standards Legislation (British Columbia) Multiple Choice 1. Which of the following statements concerning Employment Standards legislation is not true? a. The legislation and associated Regulations set minimum standards of employment for affected employees b. If an employer promises a great right or benefit that relates to a specific entitlement under the legislation, then that greater right or benefit will be enforced if there is a complaint c. Enforcement of rights is a complaint-based process d. Employees in a management capacity are not covered by Employment Standards legislation 2. Under BC’s ESA, an employer should generally keep employee records for at least: a. one year after the events they record b. two years after the events they record c. four years after the events they record d. five years after the events they record 3. Which of the following categories of businesses and professions will be subject to the Employment Standards legislation in BC? a. farm and ranch employees b. independent contractors c. employees of chartered banks d. academic staff of institutions covered by the Post-Secondary Learning Act 4. Joe earns $16 per hour. Under BC’s overtime provisions, his overtime premium pay would be: a.

$16.00 per hour

b. $18.00 per hour c. $20.00 per hour d. $24.00 per hour

Copyright © 2021 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 6 (BC): Instructor Version

5. If Sadie started work on January 1, 2015, under BC’s Employment Standards, her employer must allow her to take her statutory vacation time before: a. January 1, 2016 b. June 30, 2016 c. November 1, 2016 d. January 1, 2017 6. To calculate the average daily rate for statutory holiday pay in BC, the employer adds the regular wages earned during the 30-calendar day period preceding the statutory holiday, and divided by: a. 45 b. 63 c. the number of regular workdays in that period d. the number of days worked in that period 7. Which of the following types of employees are exempt from the payment of overtime? a. salaried employees b. managerial employees c. part-time employees 8. Under the ECA, the two-hour rule means that an eligible employee who comes into work as scheduled but is sent home early is entitled to receive: a. two hours’ pay at his or her regular rate b. two hours pay if the employee was scheduled to work 8 hour or less, or four hours pay if the employee as scheduled to work more than 8 hours c. 1.5 times his or her regular wage for the time worked 9. Under the ESA, overtime premium pay must be paid in BC after: a. 37.5 hours per week b. 44 hours per week c. 40 hours per week d. 48 hours per week

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 6 (BC): Instructor Version

10. Under the ESA, an employee who works 50 hours in a week and who agrees to take time off instead of receiving overtime premium pay for that overtime is entitled to: a. 3 hours of paid time off in lieu of overtime pay b. 6 hours of paid time off in lieu of overtime pay c. 9 hours of paid time off in lieu of overtime pay d. 15 hours of paid time off in lieu of overtime pay 11. Under BC’s ESA, an employee is entitled to receive three weeks’ vacation time after: a. 5 consecutive years of employment b. 10 consecutive years of employment c. 15 consecutive years of employment 12. Which one of the following days is not one of the nine general holidays set out in BC’s ESA? a. Boxing Day b. Canada Day c. Labour Day d. Remembrance Day 13. To qualify for maternity leave under BC’s ESA, a pregnant employee must have: a. worked at least 52 weeks before the expected due date b. provide 4 weeks’ notice of her intention to go on leave c. worked at least 15 weeks before the expected due date d. been employed with the employer at least 90 days before the expected due date 14. BC’s family responsibility leave provisions entitle employees to up to: a. BC’s ESA does not have a personal emergency leave provision b. one unpaid day of leave for each month worked c. ten unpaid days of leave each calendar year d. five unpaid days of leave each calendar year 15. Which of the following types of employees are not covered by the provisions of BC’s ESA? a. professionals b. supervisors c. air transport workers d. students under 18

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 6 (BC): Instructor Version

16. In which of the following circumstances can the employer not make deductions from an employee’s wages under BC’s ESA? a. where there is a court order authorizing such payment b. for Canada Pension Plan contributions c. where the employee has signed a written statement authorizing the deduction for losses caused by faulty work 17. The two-hour rule under BC’s ESA does not apply to: a. an employee who unfit to work or violates health and safety rules b. students working on weekends or after school c. situations where plant machinery breaks down due to poor maintenance d. employees whose regular shift is more than three hours 18. Under BC’s Employment Standards, an employee who is the primary caregiver of a seriously ill family member may be eligible for unpaid, job-protected leave of up to: a. 36 weeks to care for a family member who is under the age of 19, and 16 weeks for a family member who is 19 years of age or older b. 27 weeks to care for a family member who is under the age of 19, and 17 weeks for a family member who is 19 years of age or older c. 52 weeks 19. In BC, employees who take statutory leaves, retain the following right(s): a. right to reinstatement b. right to accrue seniority c. right to salary increases that occurred during the leave 20. In BC, the minimum wage rate: a. is increased annually, based on the rate of inflation b. had increased in steps and will reach $15.20 by June 1, 2021 c. is increased on an ad hoc basis, whenever the government decides it should be increased 21. Beatrice works a regular five-day workweek and earns $1,000 each week. Assuming she qualifies for statutory holiday pay, how much statutory holiday pay will she be entitled to receive for that day? a. $50 b. $100 c. $150 d. $200

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 6 (BC): Instructor Version

22. Janette, a research assistant, works 46 hours this week for her employer, Ace Survey Co. Under the ESA, which one of the following is true? a. Janette must receive at least six hours’ pay at the overtime rate of pay b. Ace Survey Co. needs to get prior approval from the Ministry of Labour before allowing Janette (or any of its telemarketing employees) to work this many hours in a week c. as a telemarketer, Janette is not covered by overtime pay requirements 23. Under BC’s ESA, an employee is eligible for compassionate care leave if a qualified medical practitioner certifies that a close relative (or other specified person) is in serious danger of dying within the next: a. 8 weeks b. 13 weeks c. 20 weeks d. 26 weeks True or False 1. Meal breaks are unpaid and do not count toward overtime hours, unless the employee is required to work during the meal break.

2. The director of employment standards may grant a variance to certain employment standards, on application from an employer.

3. Employees who work shifts of six or more hours are entitled to not only a meal break but a 15-minute coffee break as well.

4. An employee who decides to return to work from maternity or parental leave must provide the employer with at least four weeks’ notice before the new return date.

5. Under the compassionate care leave provisions in British Columbia, the leave is limited to 27 weeks within a 52-week period. However, if the family member survives that period but remains at risk of death, the employee may take a second leave of up to 27 weeks for the same family member.

6. All complaints under British Columbia’s Employment Standards Act (ESA) must be made within one year of the last violation (for violations during the hiring process), or within one year of the last day of employment (for other violations of the Act).

7. Unionized employees are not covered by British Columbia’s ESA. 8. Under the BC Employment Standards Regulation, members of a number of professional associations are not covered by the ESA. These include doctors and lawyers.

9. Managers are not covered by British Columbia’s ESA.

Copyright © 2021 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 6 (BC): Instructor Version

10. Employers in British Columbia cannot ask employees to work hours in excess of the statutory maximum number of hours of work per day or week.

11. An employer can lower an employee’s regular wage to avoid paying overtime premium pay only if it has the employee’s written agreement.

12. Under British Columbia’s ESA, parties to an employment relationship are not obliged to get approval from the director of employment standards to implement an averaging agreement.

13. Employers in British Columbia must retain records of any averaging agreement for five years.

14. Under British Columbia’s ESA, an employer has to pay an employee who is on statutory leave at least one-half of his or her regular wages if the employee is not eligible for employment insurance benefits.

15. Statutory parental leave is limited to biological parents.

16. If a parent returns from pregnancy or parental leave early, he or she gives up the statutory right to take the remainder of the leave.

17. The British Columbia ESA’s provisions for family responsibility leave allow an employee to, among other things, take time off to attend the graduation ceremony of the employee’s child.

18. Employees who take a statutory leave in British Columbia are entitled to return to the same position after their leave, with all salary adjustments that occurred during the leave.

19. British Columbia’s ESA applies to every employee who works in the province.

20. Under British Columbia’s ESA, employers are not legally required to provide coffee breaks to their employees.

21. Under British Columbia’s ESA, an employee may be entitled to vacation pay but not vacation time if he or she has worked only a short period of time.

22. In British Columbia, all service (including credit for time on statutory leaves) is included in calculating an employee’s entitlement to vacation time, but the employer can decide whether to give vacation pay for time on leave.

23. Any agreement by the parties to an employment relationship that waives a provision of the ESA is void.

24. Under British Columbia’s ESA, employees may take their vacation in periods of one or more weeks, at the employee’s discretion; the employer cannot require that the vacation be taken in smaller increments.

25. Vacation time is in addition to time off for statutory holidays.

26. Under British Columbia’s ESA, an employee who has taken pregnancy or parental leave is not entitled to take compassionate care leave in the same calendar year as the maternity or parental leave was taken.

Copyright © 2021 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 6 (BC): Instructor Version

27. Under British Columbia’s ESA, employees stop earning credits toward vacation time while on parental leave.

28. An employer must give an employee vacation time within 12 months after the employee has earned it.

29. Under British Columbia’s ESA, an employer can ask an employee to work on a statutory holiday, as long as the employer pays the employee a regular day’s wage for that day.

30. Under British Columbia’s ESA, vacation pay and vacation time are separate entitlements.

31. Under British Columbia’s ESA, part-time employees are not eligible for family responsibility, bereavement, or compassionate care leave.

32. Statutory leaves under the ESA (e.g., pregnancy, parental, reservists’, and compassionate care leaves) are unpaid by the employer.

33. An employee whose wages are based on commission is not covered by British Columbia’s minimum wage requirements.

34. Employees who are exempt from overtime pay under the ESA may still be entitled to overtime pay under their employment contract or an office policy.

35. In British Columbia, an employee who takes parental leave must complete the leave within one year of the birth or adoption of the child.

36. In British Columbia, an employee whose employment is terminated may file a complaint under the ESA while suing the employer for wrongful dismissal relating to the same termination.

37. In British Columbia, when an employer contravenes provisions of the ESA, the director can impose penalties of up to $100,000 for corporate employers.

38. Class action lawsuits are only appropriate where there is a common issue of law or fact involved.

39. Commissioned salespeople who work outside the workplace but sell on a particular “route” are not covered by the minimum wage requirements under the ESA. 40. High-earning employees who exercise considerable autonomy over their own work are exempt from the ESA’s overtime pay requirements.

41. An employee who starts work at the beginning of February is entitled to a holiday on Family Day that month.

42. Managers whose job duties are entirely managerial or supervisory in nature are not covered by any of the standards in British Columbia’s ESA. 43. To be eligible for vacation time under British Columbia’s ESA, an employee must have worked at least 10 consecutive months for his or her employer.

Copyright © 2021 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 6 (BC): Instructor Version

44. Fatima is a part-time employee who began to work for her employer five months ago.

Fatima is not eligible for pregnancy leave under British Columbia’s ESA, because she has not reached the threshold of 52 weeks working for this employer.

45. An employee may not begin pregnancy leave more than 13 weeks before the due date, or begin it the day after the child is born.

46. A woman who takes pregnancy leave is also entitled to up to 61 weeks of parental leave. If she does not take pregnancy leave, she can take up to 62 weeks of parental leave.

47. Parental leave in British Columbia is only available to the biological parents.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 6 (BC): Instructor Version

Chapter 6: Answer Key Multiple Choice 1. D 2. C 3. A 4. D 5. D 6. D 7. B 8. B 9. C 10. D 11. A 12. A 13. B 14. D 15. C 16. C 17. A 18. A 19. A 20. B 21. D 22. A 23. D True or False 1. True 2. True [Sections 72–73 of Act] 3. False 4. False

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 6 (BC): Instructor Version

5. True 6. False [6 months] 7. False 8. True 9. False [Under the ESR they are only exempted from hours of work, overtime and statutory holiday rules.]

10. False [This is arguably a trick question, perhaps more suitable for review and discussion than for an exam. There are no maximum hours of work in British Columbia, just the rule that hours cannot be “excessive.”]

11. False 12. True 13. False [Only 4 years.]

14. False 15. False 16. True 17. True 18. True 19. False 20. True 21. True 22. True 23. True 24. True 25. True 26. False 27. False 28. True 29. False [Employer must pay overtime rate (1.5x up to 12 hours; 2x above 12 hours).]

30. True 31. False 32. True 33. False 34. True

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 6 (BC): Instructor Version

35. False 36. True 37. False [$10k for individual or corporate employers—in Alberta, the rule is $100k for corporations.]

38. True 39. False 40. False [Earnings are not the determinant; employee status is—e.g., managers.]

41. False [On two grounds: must have worked for that employer for at least 30 days before holiday, and have earned wages on at least 15 of the 30 preceding days. Both are impossible here.]

42. False 43. False [At least 12 months.]

44. False [True in Alberta, not in BC: there is no minimum period of work in BC.] 45. True 46. True 47. False

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th edition Test Bank Chapter 7: Student Version

Chapter 7: Human Rights Issues Multiple Choice 1. If pre-employment medical examinations are performed, they should be done: a. before the job application is filled out b. at the end of the job interview c. after a conditional offer of employment is made 2. Which of the following is not covered by one of the prohibited grounds of discrimination in employment in Alberta or British Columbia? a. physical appearance b. pregnancy c. creed (religion) d. perceived disability 3. During a job interview, it is not acceptable to request information concerning: a. work experience b. home address c. maiden name d. highest level of education achieved 4. On a job application form, it is not acceptable to request: a. work history b. name c. home address d. name of elementary school attended 5. Under Alberta’s current human rights legislation an employer may discriminate against a job applicant or employee based on age: a. when the person is under 18 years of age b. when the person is under 18 or over 64 years of age c. when the discrimination is unintentional d. never

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th edition Test Bank Chapter 7: Student Version

6. Under the human rights legislation in Alberta and British Columbia, the term “disability” generally does not include: a. perceived disabilities b. psychological problems c. drug or alcohol dependencies d. the flu 7. Job applicants should be asked for their social insurance number: a. on the application form b. during the job interview c. after a conditional offer of employment is made d. never 8. Which of the following situations is probably not covered by human rights legislation in Alberta or British Columbia? a. Sadie is dismissed for being away from work for three days with the flu b. Bert is suspended for three days for taking a day off work for a religious holiday, because the employer knows that other employees of the same faith did not take that day off c. Nancy is demoted for breastfeeding her baby at work d. Ernie is dismissed after undergoing a sex change operation 9. Applications under the BC Human Rights Code are made to which one of the following bodies? a. the BC Labour Relations Board b. the BC Human Rights Tribunal c. the Canada Human Rights Commission d. the British Columbia Ministry of Labour

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th edition Test Bank Chapter 7: Student Version

10. An employer in British Columbia intends to deny an 18-year-old female job applicant a job in customer service because the employer does not believe the applicant is mature enough to handle customer complaints. If the employer takes this action, which one of the following is true? a. the employer has violated the BC Human Rights Code because the job applicant is female and therefore from a traditionally disadvantaged group b. the employer has not violated the BC Human Rights Code because in these circumstances it is clearly a BFOR that the person be mature enough to handle the job duties c. unless the employer can show that it could not accommodate the job applicant without suffering undue hardship, the employer has violated the BC Human Rights Code d. the employer has not violated the BC Human Rights Code because the Code does not protect employees or applicants under the age of 19 from age-based discrimination 11. With respect to the two newest grounds of prohibited discrimination in Alberta—gender identity and gender expression—which one of the following is true? a. an employer could require medical documentation before accommodating an employee on the basis of gender identity b. an employer should insist that an employee who is transitioning to become a woman, for example, be treated as a man until sex reassignment surgery is complete c. an employer could implement a workplace rule that prohibits cross-dressing if the employer can prove that they are losing customers because of the way employees are dressed d. an employer should accommodate based on how the employee self-identifies in terms of gender 12. Which one of the following is not allowed under human rights legislation in Alberta or British Columbia? a. a nepotism policy that gives preference for student employment to the children of current employees b. a nepotism policy that prevents closely related employees from working in the same area c. an affirmative action program that allows an employer to prefer or promote people who are from a historically disadvantaged group d. parents who refuse to hire a live-in nanny for their young children based on the nanny’s religious beliefs 13. Which party (or parties) has the burden of proof to show that accommodating an employee would constitute “undue hardship”? a. the employee seeking accommodation b. the employer asked to provide accommodation c. the human rights tribunal

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th edition Test Bank Chapter 7: Student Version

14. “Undue hardship” would be shown where the cost of an accommodation would: a. exceed $500 b. exceed $10,000 c. exceed $50,000 d. substantially affect the viability of the employer’s business 15. The BC Human Rights Tribunal may refuse to deal with an application if the applicant has waited longer than: a. 6 months from the last incident of discrimination to file the application b. 9 months from the last incident of discrimination to file the application c. 12 months from the last incident of discrimination to file the application d. 24 months from the last incident of discrimination to file the application 16. The majority of decisions on human rights are made by: a. arbitrators appointed under collective agreements b. the Canadian Human Rights Commission c. the Supreme Court of Canada d. the Alberta Court of Queen’s Bench 17. Providing a voice synthesizer to help a physically disabled employee perform an essential job duty is an example of: a. constructive discrimination b. undue hardship c. a BFOR d. accommodation 18. In Alberta and British Columbia, damages for hurt feelings, or for injury to dignity and selfrespect, are usually in the range of: a. $1,000 per violation b. $5,000–$10,000 c. $25,000–$30,000 19. Sexual harassment covers a broad range of comments or conduct. Whether any given comment or conduct constitutes sexual harassment depends on: a. whether the harasser intended it to be offensive b. whether a reasonable person in the recipient’s position would find the comments or conduct offensive c. whether the specific recipient found the comments or conduct offensive

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th edition Test Bank Chapter 7: Student Version

20. In the Hydro-Québec case, the Supreme Court of Canada decided that the “duty to accommodate” requires an employer to: a. make reasonable and moderate efforts at accommodation b. accommodate up to the point where further accommodation is impossible c. prove that it is impossible to accommodate the individual further without incurring undue hardship 21. Which of the following is NOT true during an investigation of alleged sexual harassment? a. witnesses should be interviewed together so that they can confirm or correct each other’s statements b. witnesses should be interviewed separately c. witnesses should be asked non-leading questions d. witnesses should be asked to put their statements in writing 22. When an employee files a human rights application with the Alberta Human Rights Tribunal, under the Act, an employer generally has: a. 30 days to respond b. 45 days to respond c. 55 days to respond d.

60 days to respond

23. 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 is justified as a BFOR as long as the employer proves that the workplace is dangerous b. 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 c. for privacy reasons, there are no workplaces in which random drug and alcohol testing is justified 24. Employees who seek accommodation have a duty to cooperate in the accommodation process. Which one of the following is not part of that duty? a. to request accommodation from the employer b. to provide information to the employer regarding relevant restrictions or limitations c. to provide the employer with a diagnosis of the disability from a qualified health care professional

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th edition Test Bank Chapter 7: Student Version

25. Firing an employee for filing a human rights complaint is called: a. constructive discrimination b. a reprisal c. systemic discrimination d. adverse impact discrimination 26. In Johnstone v Canada, the Federal Court of Appeal laid out several elements that a complainant under the Canadian Human Rights Act must prove to establish a prima facie case of discrimination based on an employer’s failure to accommodate the employee’s childcare obligations. Which one of the following is not one of those elements? a. the complainant has already made reasonable efforts to meet his or her childcare obligations b. the child is under the complainant’s care and supervision c. the complainant’s childcare obligations include attending extracurricular activities that a parent would reasonably be expected to attend d. the workplace interferes with the fulfillment of the employee’s legal childcare obligations True or False 1. A recruiter should not ask a job applicant if he or she is able to relocate (even if that is a BFOR) until a conditional offer of employment is made.

2. Discrimination on the basis of citizenship is allowed where the employer imposes a preference that a supervisor is, or intends to become, a Canadian citizen.

3. A person who is discriminated against in employment because he is a member of the Green Party may file an application under BC’s Human Rights Code.

4. Although language is not one of the prohibited grounds of discrimination under the Alberta or British Columbia human rights legislation, it can be an element of a complaint based on one or more of the other grounds.

5. Alberta’s Human Rights Act and British Columbia’s Human Rights Code apply only where there is an element of government action or conduct.

6. If operating a vehicle is an essential job duty, the requirement for a valid driver’s licence may be referred to in an advertisement, even though it bars applicants who are unable to obtain a driver’s licence because of a disability.

7. Under Alberta’s and British Columbia’s human rights legislation, the prohibited ground of “disability” includes psychiatric, as well as physical, disabilities.

8. In British Columbia, on a job application form, an employer may ask whether the applicant has ever been convicted of a crime, but the employer may not do so in Alberta.

9. An employer and a union may contract out of certain provisions of Alberta’s Human Rights Act or the BC Human Rights Code.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th edition Test Bank Chapter 7: Student Version

10. A non-profit service organization that primarily serves a group protected by the BC Human Rights Code may establish a preferential hiring program in favour of members of that group.

11. It is acceptable to ask a job applicant if she is legally entitled to work in Canada at the job interview stage, but not on the job application form.

12. Denying an employee a training opportunity because the employee is 65 is a contravention of human rights legislation in Alberta and British Columbia.

13. Customer preference is not one of the factors considered in deciding whether a job-related standard is reasonable and bona fide.

14. It is never appropriate to ask a job applicant during an interview whether he or she has a record of convictions under a provincial statute, such as the Highway Traffic Act. 15. An employer may automatically reject a job candidate on the basis that he or she is overqualified for the position, because education is not one of the prohibited grounds of discrimination under the Code.

16. Pre-employment drug tests are prima facie discrimination on the ground of perceived disability.

17. Under Alberta and British Columbia human rights legislation, it is sometimes acceptable to ask during an interview whether the applicant is a Canadian citizen.

18. When a discriminatory factor such as age played only a minor part in the employer’s decision not to hire a job candidate, the tribunal will normally find in favour of the employer.

19. “Harassment” usually requires a course of vexatious comments or conduct, rather than a single incident.

20. Under the human rights legislation in Alberta and British Columbia, health and safety is one of the factors considered in determining undue hardship.

21. In British Columbia, courts are more likely to uphold an employer’s alcohol- and drugtesting policy if it states that such tests are carried out on a random basis.

22. As part of its duty to accommodate, an employer may be required to create a new position by cobbling together a number of less-demanding tasks performed by other employees.

23. An employer must accommodate an employee up to the point of undue hardship to perform both the essential and the non-essential functions of the job.

24. Courts and tribunals generally do not require small employers to accommodate employees who require time off from work for religious observance.

25. Employers are not generally liable when clients or customers act in a discriminatory or harassing way.

26. In Alberta and British Columbia, employers are prohibited from terminating employees for poor attendance where their absences relate to substance abuse.

27. In Alberta and British Columbia, the prohibition of discrimination based on religion means that employers must give employees who are not of the (western) Christian faith at least two paid days off for their religious observances annually.

Copyright © 2020 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th edition Test Bank Chapter 7: Student Version

28. In Health Sciences Association of BC v Campbell River, the court decided that an employer has a duty to accommodate wherever its rule or requirement interferes with an employee’s family obligations.

29. An employer is only responsible for harassment of which it is aware.

30. An employer should only investigate a complaint of harassment with the consent of the individual being harassed.

31. In unionized workplaces, unions, as well as employers and employees, have a legal obligation to participate in the accommodation process.

32. The duty to accommodate contains both procedural and substantive elements, but the substantive element is the most important.

33. For a workplace to be considered “poisoned,” it is not necessary that the employee making the claim be the target of the insulting or degrading comments or actions.

34. An employee can only pursue an action for discrimination or harassment in the courts if it is tied to a civil lawsuit such as a wrongful dismissal action.

35. It is common for the Court to award punitive damages in human rights lawsuits.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th edition Test Bank Chapter 7: Instructor Version

Chapter 7: Human Rights Issues Multiple Choice 1. If pre-employment medical examinations are performed, they should be done: a. before the job application is filled out b. at the end of the job interview c. after a conditional offer of employment is made 2. Which of the following is not covered by one of the prohibited grounds of discrimination in employment in Alberta or British Columbia? a. physical appearance b. pregnancy c. creed (religion) d. perceived disability 3. During a job interview, it is not acceptable to request information concerning: a. work experience b. home address c. maiden name d. highest level of education achieved 4. On a job application form, it is not acceptable to request: a. work history b. name c. home address d. name of elementary school attended 5. Under Alberta’s current human rights legislation an employer may discriminate against a job applicant or employee based on age: a. when the person is under 18 years of age b. when the person is under 18 or over 64 years of age c. when the discrimination is unintentional d. never

Copyright © 2020 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th edition Test Bank Chapter 7: Instructor Version

6. Under the human rights legislation in Alberta and British Columbia, the term “disability” generally does not include: a. perceived disabilities b. psychological problems c. drug or alcohol dependencies d. the flu 7. Job applicants should be asked for their social insurance number: a. on the application form b. during the job interview c. after a conditional offer of employment is made d. never 8. Which of the following situations is probably not covered by human rights legislation in Alberta or British Columbia? a. Sadie is dismissed for being away from work for three days with the flu b. Bert is suspended for three days for taking a day off work for a religious holiday, because the employer knows that other employees of the same faith did not take that day off c. Nancy is demoted for breastfeeding her baby at work d. Ernie is dismissed after undergoing a sex change operation 9. Applications under the BC Human Rights Code are made to which one of the following bodies? a. the BC Labour Relations Board b. the BC Human Rights Tribunal c. the Canada Human Rights Commission d. the British Columbia Ministry of Labour

Copyright © 2020 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th edition Test Bank Chapter 7: Instructor Version

10. An employer in British Columbia intends to deny an 18-year-old female job applicant a job in customer service because the employer does not believe the applicant is mature enough to handle customer complaints. If the employer takes this action, which one of the following is true? a. the employer has violated the BC Human Rights Code because the job applicant is female and therefore from a traditionally disadvantaged group b. the employer has not violated the BC Human Rights Code because in these circumstances it is clearly a BFOR that the person be mature enough to handle the job duties c. unless the employer can show that it could not accommodate the job applicant without suffering undue hardship, the employer has violated the BC Human Rights Code d. the employer has not violated the BC Human Rights Code because the Code does not protect employees or applicants under the age of 19 from age-based discrimination 11. With respect to the two newest grounds of prohibited discrimination in Alberta—gender identity and gender expression—which one of the following is true? a. an employer could require medical documentation before accommodating an employee on the basis of gender identity b. an employer should insist that an employee who is transitioning to become a woman, for example, be treated as a man until sex reassignment surgery is complete c. an employer could implement a workplace rule that prohibits cross-dressing if the employer can prove that they are losing customers because of the way employees are dressed d. an employer should accommodate based on how the employee self-identifies in terms of gender 12. Which one of the following is not allowed under human rights legislation in Alberta or British Columbia? a. a nepotism policy that gives preference for student employment to the children of current employees b. a nepotism policy that prevents closely related employees from working in the same area c. an affirmative action program that allows an employer to prefer or promote people who are from a historically disadvantaged group d. parents who refuse to hire a live-in nanny for their young children based on the nanny’s religious beliefs 13. Which party (or parties) has the burden of proof to show that accommodating an employee would constitute “undue hardship”? a. the employee seeking accommodation b. the employer asked to provide accommodation c. the human rights tribunal

Copyright © 2020 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th edition Test Bank Chapter 7: Instructor Version

14. “Undue hardship” would be shown where the cost of an accommodation would: a. exceed $500 b. exceed $10,000 c. exceed $50,000 d. substantially affect the viability of the employer’s business 15. The BC Human Rights Tribunal may refuse to deal with an application if the applicant has waited longer than: a. 6 months from the last incident of discrimination to file the application b. 9 months from the last incident of discrimination to file the application c. 12 months from the last incident of discrimination to file the application d. 24 months from the last incident of discrimination to file the application 16. The majority of decisions on human rights are made by: a. arbitrators appointed under collective agreements b. the Canadian Human Rights Commission c. the Supreme Court of Canada d. the Alberta Court of Queen’s Bench 17. Providing a voice synthesizer to help a physically disabled employee perform an essential job duty is an example of: a. constructive discrimination b. undue hardship c. a BFOR d. accommodation 18. In Alberta and British Columbia, damages for hurt feelings, or for injury to dignity and selfrespect, are usually in the range of: a. $1,000 per violation b. $5,000–$10,000 c. $25,000–$30,000 19. Sexual harassment covers a broad range of comments or conduct. Whether any given comment or conduct constitutes sexual harassment depends on: a. whether the harasser intended it to be offensive b. whether a reasonable person in the recipient’s position would find the comments or conduct offensive c. whether the specific recipient found the comments or conduct offensive

Copyright © 2020 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th edition Test Bank Chapter 7: Instructor Version

20. In the Hydro-Québec case, the Supreme Court of Canada decided that the “duty to accommodate” requires an employer to: a. make reasonable and moderate efforts at accommodation b. accommodate up to the point where further accommodation is impossible c. prove that it is impossible to accommodate the individual further without incurring undue hardship 21. Which of the following is NOT true during an investigation of alleged sexual harassment? a. witnesses should be interviewed together so that they can confirm or correct each other’s statements b. witnesses should be interviewed separately c. witnesses should be asked non-leading questions d. witnesses should be asked to put their statements in writing 22. When an employee files a human rights application with the Alberta Human Rights Tribunal, under the Act, an employer generally has: a. 30 days to respond b. 45 days to respond c. 55 days to respond d.

60 days to respond

23. 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 is justified as a BFOR as long as the employer proves that the workplace is dangerous b. 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 c. for privacy reasons, there are no workplaces in which random drug and alcohol testing is justified 24. Employees who seek accommodation have a duty to cooperate in the accommodation process. Which one of the following is not part of that duty? a. to request accommodation from the employer b. to provide information to the employer regarding relevant restrictions or limitations c. to provide the employer with a diagnosis of the disability from a qualified health care professional

Copyright © 2020 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th edition Test Bank Chapter 7: Instructor Version

25. Firing an employee for filing a human rights complaint is called: a. constructive discrimination b. a reprisal c. systemic discrimination d. adverse impact discrimination 26. In Johnstone v Canada, the Federal Court of Appeal laid out several elements that a complainant under the Canadian Human Rights Act must prove to establish a prima facie case of discrimination based on an employer’s failure to accommodate the employee’s childcare obligations. Which one of the following is not one of those elements? a. the complainant has already made reasonable efforts to meet his or her childcare obligations b. the child is under the complainant’s care and supervision c. the complainant’s childcare obligations include attending extracurricular activities that a parent would reasonably be expected to attend d. the workplace interferes with the fulfillment of the employee’s legal childcare obligations True or False 1. A recruiter should not ask a job applicant if he or she is able to relocate (even if that is a BFOR) until a conditional offer of employment is made.

2. Discrimination on the basis of citizenship is allowed where the employer imposes a preference that a supervisor is, or intends to become, a Canadian citizen.

3. A person who is discriminated against in employment because he is a member of the Green Party may file an application under BC’s Human Rights Code.

4. Although language is not one of the prohibited grounds of discrimination under the Alberta or British Columbia human rights legislation, it can be an element of a complaint based on one or more of the other grounds.

5. Alberta’s Human Rights Act and British Columbia’s Human Rights Code apply only where there is an element of government action or conduct.

6. If operating a vehicle is an essential job duty, the requirement for a valid driver’s licence may be referred to in an advertisement, even though it bars applicants who are unable to obtain a driver’s licence because of a disability.

7. Under Alberta’s and British Columbia’s human rights legislation, the prohibited ground of “disability” includes psychiatric, as well as physical, disabilities.

8. In British Columbia, on a job application form, an employer may ask whether the applicant has ever been convicted of a crime, but the employer may not do so in Alberta.

9. An employer and a union may contract out of certain provisions of Alberta’s Human Rights Act or the BC Human Rights Code.

Copyright © 2020 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th edition Test Bank Chapter 7: Instructor Version

10. A non-profit service organization that primarily serves a group protected by the BC Human Rights Code may establish a preferential hiring program in favour of members of that group.

11. It is acceptable to ask a job applicant if she is legally entitled to work in Canada at the job interview stage, but not on the job application form.

12. Denying an employee a training opportunity because the employee is 65 is a contravention of human rights legislation in Alberta and British Columbia.

13. Customer preference is not one of the factors considered in deciding whether a job-related standard is reasonable and bona fide.

14. It is never appropriate to ask a job applicant during an interview whether he or she has a record of convictions under a provincial statute, such as the Highway Traffic Act. 15. An employer may automatically reject a job candidate on the basis that he or she is overqualified for the position, because education is not one of the prohibited grounds of discrimination under the Code.

16. Pre-employment drug tests are prima facie discrimination on the ground of perceived disability.

17. Under Alberta and British Columbia human rights legislation, it is sometimes acceptable to ask during an interview whether the applicant is a Canadian citizen.

18. When a discriminatory factor such as age played only a minor part in the employer’s decision not to hire a job candidate, the tribunal will normally find in favour of the employer.

19. “Harassment” usually requires a course of vexatious comments or conduct, rather than a single incident.

20. Under the human rights legislation in Alberta and British Columbia, health and safety is one of the factors considered in determining undue hardship.

21. In British Columbia, courts are more likely to uphold an employer’s alcohol- and drugtesting policy if it states that such tests are carried out on a random basis.

22. As part of its duty to accommodate, an employer may be required to create a new position by cobbling together a number of less-demanding tasks performed by other employees.

23. An employer must accommodate an employee up to the point of undue hardship to perform both the essential and the non-essential functions of the job.

24. Courts and tribunals generally do not require small employers to accommodate employees who require time off from work for religious observance.

25. Employers are not generally liable when clients or customers act in a discriminatory or harassing way.

26. In Alberta and British Columbia, employers are prohibited from terminating employees for poor attendance where their absences relate to substance abuse.

27. In Alberta and British Columbia, the prohibition of discrimination based on religion means that employers must give employees who are not of the (western) Christian faith at least two paid days off for their religious observances annually.

Copyright © 2020 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th edition Test Bank Chapter 7: Instructor Version

28. In Health Sciences Association of BC v Campbell River, the court decided that an employer has a duty to accommodate wherever its rule or requirement interferes with an employee’s family obligations.

29. An employer is only responsible for harassment of which it is aware.

30. An employer should only investigate a complaint of harassment with the consent of the individual being harassed.

31. In unionized workplaces, unions, as well as employers and employees, have a legal obligation to participate in the accommodation process.

32. The duty to accommodate contains both procedural and substantive elements, but the substantive element is the most important.

33. For a workplace to be considered “poisoned,” it is not necessary that the employee making the claim be the target of the insulting or degrading comments or actions.

34. An employee can only pursue an action for discrimination or harassment in the courts if it is tied to a civil lawsuit such as a wrongful dismissal action.

35. It is common for the Court to award punitive damages in human rights lawsuits.

Copyright © 2020 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th edition Test Bank Chapter 7: Instructor Version

Answer Key: Chapter 7 Multiple Choice 1. C 2. A 3. C 4. D 5. A 6. D 7. C 8. A 9. B 10. D 11. D 12. D 13. B 14. D 15. A 16. A 17. D 18. B (Higher awards do occur in British Columbia, but these are exceptional cases) 19. B 20. C 21. A 22. A 23. B 24. C 25. B 26. C True or False 1. False

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th edition Test Bank Chapter 7: Instructor Version

2. False 3. True 4. True 5. False 6. True 7. True 8. False 9. False 10. True 11. False 12. True 13. True 14. False (Even in British Columbia, the statute does not prohibit discrimination based on past convictions that are relevant to the job—such as a job as a driver.)

15. False (See the Sangha case in point.)

16. False 17. True 18. False 19. True 20. True 21. False 22. True 23. False (This is only true for the essential functions. This question may be tricky, since this point is more implicit than explicit in the book.)

24. False 25. True 26. False 27. False 28. False 29. False 30. False 31. True

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th edition Test Bank Chapter 7: Instructor Version

32. False 33. True 34. True 35. False

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 8: Student Version

Chapter 8: Occupational Health and Safety Act (Alberta) Multiple Choice 1. Failure of a company and its officers to comply with OHS legislation in Canada can result in severe penalties for an indictable offence, including: a. fines of up to $750,000 b. fines of up to $1,000,000 c. fines of up to $1,500,000 d. potential imprisonment for up to 6 months 2. Which of the following is not one of the key rights of workers regarding occupational health and safety: a. the right to participate in the health and safety process b. the right to communicate health and safety concerns to the general public c. the right to know about workplace hazards d. the right to refuse unsafe work 3. Which of the following is not one of the powers and duties of a Joint Health and Safety Committee? a. obtaining information from the employer regarding workplace hazards b. communicating information regarding the workplace hazards of an employer to members of the general public c. identifying potentially dangerous situations in the workplace d. investigating serious injuries in the workplace 4. The health and safety provisions under Canada’s Criminal Code apply to: a. both federally and provincially regulated employers b. federally regulated employers only c. provincially regulated employers only d. employees of the federal government only 5. OHS legislation in AB and BC imposes duties on workers, including the duty to: a. ensure that OHS activities of all parties at the workplace are coordinated b. post copies of OHS legislation at the workplace c. refuse to engage in horseplay or similar conduct that may create a health or safety risk for self or others

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 8: Student Version

6. Which of the following is not among the powers vested in the OHSA inspectors? a. remove equipment, machine, or device for testing b. develop a remedial action plan that addresses root causes c. compel the production of drawings, specifications, licenses, or other documents for examination 7. Which of the following is not true during the first stage of a work refusal? a. the worker must first report the hazard to a member of the joint health and safety committee b. the worker must be paid c. the worker must remain in a safe place near the workstation until the investigation is complete d. the worker must immediately tell the supervisor that he or she is refusing to work and state the reasons 8. Which of the following statements about harassment is true: a. Harassment is unwanted behaviour that must persist over time b. Occupational health and safety legislation does not address harassment in the workplace, it is only addressed in human rights legislation c. Workplace harassment is considered a hazard d. Alberta’s legislation does not currently have provisions addressing workplace harassment 9. Which of the following statements about the powers of OHS inspectors is false: a. OHS inspectors may recommend work be stopped at a site but cannot issue the order b. OHS inspectors can enter any workplace without a search warrant c. OHS inspectors can take equipment, machines or devices from an employer’s premises for testing purposes d. OHS inspectors can compel employers to produce documents True or False 1. Occupational health and safety legislation applies to all workplaces, regardless of their size or industry.

2. At least one member of every joint health and safety committee must be a certified safety professional.

3. The employer cannot interfere in the choice of the worker health and safety representative to a joint health and safety committee.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 8: Student Version

4. Under occupational health and safety legislation, the legal onus is on the inspector to prove that the employer did not exercise due diligence in preventing the workplace accident.

5. At the first stage of a work refusal, an employee can refuse work when the perceived danger is not imminent but could create an undue hazard.

6. An employer may ask an employee to perform work that another employee has previously refused for safety reasons so long as the second employee is a member of the joint health and safety committee.

7. Occupational health and safety legislation in BC imposes a specific duty on employers to take steps to address workplace violence, but Alberta legislation does not.

8. Although amendments to Canada’s Criminal Code imposing heightened health and safety duties on organizations were designed to hold senior management more accountable for health and safety crimes, lower-level supervisors may face the greatest risk of being charged personally.

9. Health and safety legislation in Alberta and BC specifically require an employer to prepare a pandemic plan that sets out the measures to be taken in case of a future pandemic.

10. “Workplace violence” includes both the exercise and the attempt to exercise physical force, but it does not include verbal threats to exercise physical force.

11. The right to refuse unsafe work does not apply to workplace harassment.

12. When a workplace accident occurs an employer should not interviewing witnesses to avoid interfering in the OHS officer’s investigation

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 8: Instructor Version

Chapter 8: Occupational Health and Safety Act (Alberta) Multiple Choice 1. Failure of a company and its officers to comply with OHS legislation in Canada can result in severe penalties for an indictable offence, including: a. fines of up to $750,000 b. fines of up to $1,000,000 c. fines of up to $1,500,000 d. potential imprisonment for up to 6 months 2. Which of the following is not one of the key rights of workers regarding occupational health and safety: a. the right to participate in the health and safety process b. the right to communicate health and safety concerns to the general public c. the right to know about workplace hazards d. the right to refuse unsafe work 3. Which of the following is not one of the powers and duties of a Joint Health and Safety Committee? a. obtaining information from the employer regarding workplace hazards b. communicating information regarding the workplace hazards of an employer to members of the general public c. identifying potentially dangerous situations in the workplace d. investigating serious injuries in the workplace 4. The health and safety provisions under Canada’s Criminal Code apply to: a. both federally and provincially regulated employers b. federally regulated employers only c. provincially regulated employers only d. employees of the federal government only 5. OHS legislation in AB and BC imposes duties on workers, including the duty to: a. ensure that OHS activities of all parties at the workplace are coordinated b. post copies of OHS legislation at the workplace c. refuse to engage in horseplay or similar conduct that may create a health or safety risk for self or others

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2

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 8: Instructor Version

6. Which of the following is not among the powers vested in the OHSA inspectors? a. remove equipment, machine, or device for testing b. develop a remedial action plan that addresses root causes c. compel the production of drawings, specifications, licenses, or other documents for examination 7. Which of the following is not true during the first stage of a work refusal? a. the worker must first report the hazard to a member of the joint health and safety committee b. the worker must be paid c. the worker must remain in a safe place near the workstation until the investigation is complete d. the worker must immediately tell the supervisor that he or she is refusing to work and state the reasons 8. Which of the following statements about harassment is true: a. Harassment is unwanted behaviour that must persist over time b. Occupational health and safety legislation does not address harassment in the workplace, it is only addressed in human rights legislation c. Workplace harassment is considered a hazard d. Alberta’s legislation does not currently have provisions addressing workplace harassment 9. Which of the following statements about the powers of OHS inspectors is false: a. OHS inspectors may recommend work be stopped at a site but cannot issue the order b. OHS inspectors can enter any workplace without a search warrant c. OHS inspectors can take equipment, machines or devices from an employer’s premises for testing purposes d. OHS inspectors can compel employers to produce documents True or False 1. Occupational health and safety legislation applies to all workplaces, regardless of their size or industry.

2. At least one member of every joint health and safety committee must be a certified safety professional.

3. The employer cannot interfere in the choice of the worker health and safety representative to a joint health and safety committee.

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3

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 8: Instructor Version

4. Under occupational health and safety legislation, the legal onus is on the inspector to prove that the employer did not exercise due diligence in preventing the workplace accident.

5. At the first stage of a work refusal, an employee can refuse work when the perceived danger is not imminent but could create an undue hazard.

6. An employer may ask an employee to perform work that another employee has previously refused for safety reasons so long as the second employee is a member of the joint health and safety committee.

7. Occupational health and safety legislation in BC imposes a specific duty on employers to take steps to address workplace violence, but Alberta legislation does not.

8. Although amendments to Canada’s Criminal Code imposing heightened health and safety duties on organizations were designed to hold senior management more accountable for health and safety crimes, lower-level supervisors may face the greatest risk of being charged personally.

9. Health and safety legislation in Alberta and BC specifically require an employer to prepare a pandemic plan that sets out the measures to be taken in case of a future pandemic.

10. “Workplace violence” includes both the exercise and the attempt to exercise physical force, but it does not include verbal threats to exercise physical force.

11. The right to refuse unsafe work does not apply to workplace harassment.

12. When a workplace accident occurs an employer should not interviewing witnesses to avoid interfering in the OHS officer’s investigation

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4

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 8: Instructor Version

Chapter 8: Answer Key Multiple Choice 1. D 2. B 3. B 4. A 5. C 6. B 7. A 8. C 9. A True or False 1. False 2. False 3. True 4. False 5. True 6. False 7. False 8. True 9. True 10. False 11. False 12. True 13. False

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 9: Student Version

Chapter 9: Workers Compensation Legislation Multiple Choice 1. Loss of earnings benefits under workers’ compensation legislation in Alberta and British Columbia are: a. 75% of an injured worker’s net earnings b. 80% of an injured worker’s net earnings c. 85% of an injured worker’s net earnings d. 90% of an injured worker’s net earnings 2. Under Alberta’s WCA, an employer must continue to pay an injured worker’s full salary for: a. the date of injury b. 6 months after the date of injury c. indefinitely, until the injured worker is declared fit for work 3. The workers’ compensation system in Alberta and British Columbia is funded by: a. employers only b. employers and employees jointly c. employers and general taxes d. the Ministry of Labour 4. Which one of the following industries or business organizations is not required to have mandatory coverage under the workers’ compensation legislation? a. theatres b. construction sites c. farms d. self-employed sole proprietors or partners

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 9: Student Version

5. Chandra is a registered nurse who makes home visits to patients as part of her job as a community health nurse. She happened to be assigned to see her elderly aunt. As Chandra was leaving the house, she did a little dance to try to get her aunt to laugh. During the dance she tripped and fell, breaking her ankle. Which of the following statements about Chandra’s likelihood of receiving WCB benefits is true: a. Chandra is likely to be covered because the injury occurred out of and in the course of her employment b. Chandra is not likely to be covered because the injury did not occur at her workplace c. Chandra is not likely to be covered because she was engaged in horseplay at the time she was injured d. Chandra is not likely to be covered because she was visiting a relative when the accident occurred 6. Which of the following would likely not be considered willful misconduct that would prevent an employee from receiving workers’ compensation benefits: a. an injury that occurs during a criminal act b. an injury caused by intoxication in a workplace that does not allow drinking c. an injury that occurs during a fight between coworkers over a workplace safety issue d. an injury that is intentionally self-inflicted 7. Which of the following statements about eligibility for workers’ compensation benefits for mental stress or disorder is not true: a. work-related events must be the predominant cause of the mental stress or disorder b. the mental stress or disorder must have been precipitated by unusual or excessive events c. claims for mental stress or disorders are not compensable d. some claims for mental stress or disorders are automatically presumed to be caused by work and are therefore compensable 8. Which of the following is not part of an effective claims management system? a. ensuring justifiable claims are compensated promptly b. maintaining contact with the employee’s physician c. establishing a return-to-work plan d. challenging doubtful claims

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 9: Student Version

9. Ben was injured while working at his job as a chef. His injury means he is off work for about three months for recovery. Workers’ compensation will cover most of his salary while he is off work, but Ben is worried about what will happen when he returns to work. His doctor expects he won’t be able to work full-time for at least six months after his return. Which of the following statements about Ben’s situation is true? a. The employer will pay Ben’s full salary even when he is only working part-time. b. The employer does not have to re-employ Ben if he can’t do the job, so he should start looking for other employment. c. Workers’ compensation will pay Ben’s full salary during the return-to-work and his employer will pay for the hours he does work, so it will benefit him to stretch out the return-to-work for as long as possible. d. Workers’ compensation will pay the difference between what Ben earns from his employer and his previous salary, up to 90% of his pre-injury earnings.

10. The term “no fault insurance” in regards to workers’ compensation legislation means: a. the employee cannot sue the employer for a serious injury that occurs while the employee is doing his/her job b. the employee can sue the employer, but only for very serious injuries that occur while the employee is doing his/her job c. the employer cannot sue the employee for a workplace accident unless the employee was negligent d. the employee cannot sue the employer for a workplace accident unless the employer was negligent True/False 1. The older a worker is when he or she is permanently impaired through a work-related injury, the greater the amount of non-economic loss benefits that worker will be entitled to.

2. An employee who is injured at work as a result of his or her own deliberate recklessness is still entitled to receive workers’ compensation benefits if the injury results in death or serious impairment.

3. The workers’ compensation board pays an injured worker starting on the day after the accident.

4. The workers’ compensation system is funded entirely by employers.

5. It is illegal for employers to recover any part of their workers’ compensation premiums from workers.

6. The workers’ compensation system in Canada guarantees compensation to workers for workrelated injuries in exchange for giving up the right to sue their employers.

7. The decision of workers’ compensation boards in Alberta and British Columbia is final.

Copyright © 2021 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 9: Student Version

8. Workers’ compensation boards are part of the private insurance system and provide the same benefits as other long- or short-term disability providers.

Copyright © 2021 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 9: Instructor Version

Chapter 9: Workers Compensation Legislation Multiple Choice 1. Loss of earnings benefits under workers’ compensation legislation in Alberta and British Columbia are: a. 75% of an injured worker’s net earnings b. 80% of an injured worker’s net earnings c. 85% of an injured worker’s net earnings d. 90% of an injured worker’s net earnings 2. Under Alberta’s WCA, an employer must continue to pay an injured worker’s full salary for: a. the date of injury b. 6 months after the date of injury c. indefinitely, until the injured worker is declared fit for work 3. The workers’ compensation system in Alberta and British Columbia is funded by: a. employers only b. employers and employees jointly c. employers and general taxes d. the Ministry of Labour 4. Which one of the following industries or business organizations is not required to have mandatory coverage under the workers’ compensation legislation? a. theatres b. construction sites c. farms d. self-employed sole proprietors or partners

Copyright © 2021 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 9: Instructor Version

5. Chandra is a registered nurse who makes home visits to patients as part of her job as a community health nurse. She happened to be assigned to see her elderly aunt. As Chandra was leaving the house, she did a little dance to try to get her aunt to laugh. During the dance she tripped and fell, breaking her ankle. Which of the following statements about Chandra’s likelihood of receiving WCB benefits is true: a. Chandra is likely to be covered because the injury occurred out of and in the course of her employment b. Chandra is not likely to be covered because the injury did not occur at her workplace c. Chandra is not likely to be covered because she was engaged in horseplay at the time she was injured d. Chandra is not likely to be covered because she was visiting a relative when the accident occurred 6. Which of the following would likely not be considered willful misconduct that would prevent an employee from receiving workers’ compensation benefits: a. an injury that occurs during a criminal act b. an injury caused by intoxication in a workplace that does not allow drinking c. an injury that occurs during a fight between coworkers over a workplace safety issue d. an injury that is intentionally self-inflicted 7. Which of the following statements about eligibility for workers’ compensation benefits for mental stress or disorder is not true: a. work-related events must be the predominant cause of the mental stress or disorder b. the mental stress or disorder must have been precipitated by unusual or excessive events c. claims for mental stress or disorders are not compensable d. some claims for mental stress or disorders are automatically presumed to be caused by work and are therefore compensable 8. Which of the following is not part of an effective claims management system? a. ensuring justifiable claims are compensated promptly b. maintaining contact with the employee’s physician c. establishing a return-to-work plan d. challenging doubtful claims

Copyright © 2021 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 9: Instructor Version

9. Ben was injured while working at his job as a chef. His injury means he is off work for about three months for recovery. Workers’ compensation will cover most of his salary while he is off work, but Ben is worried about what will happen when he returns to work. His doctor expects he won’t be able to work full-time for at least six months after his return. Which of the following statements about Ben’s situation is true? a. The employer will pay Ben’s full salary even when he is only working part-time. b. The employer does not have to re-employ Ben if he can’t do the job, so he should start looking for other employment. c. Workers’ compensation will pay Ben’s full salary during the return-to-work and his employer will pay for the hours he does work, so it will benefit him to stretch out the return-to-work for as long as possible. d. Workers’ compensation will pay the difference between what Ben earns from his employer and his previous salary, up to 90% of his pre-injury earnings.

10. The term “no fault insurance” in regards to workers’ compensation legislation means: a. the employee cannot sue the employer for a serious injury that occurs while the employee is doing his/her job b. the employee can sue the employer, but only for very serious injuries that occur while the employee is doing his/her job c. the employer cannot sue the employee for a workplace accident unless the employee was negligent d. the employee cannot sue the employer for a workplace accident unless the employer was negligent True/False 1. The older a worker is when he or she is permanently impaired through a work-related injury, the greater the amount of non-economic loss benefits that worker will be entitled to.

2. An employee who is injured at work as a result of his or her own deliberate recklessness is still entitled to receive workers’ compensation benefits if the injury results in death or serious impairment.

3. The workers’ compensation board pays an injured worker starting on the day after the accident.

4. The workers’ compensation system is funded entirely by employers.

5. It is illegal for employers to recover any part of their workers’ compensation premiums from workers.

6. The workers’ compensation system in Canada guarantees compensation to workers for workrelated injuries in exchange for giving up the right to sue their employers.

7. The decision of workers’ compensation boards in Alberta and British Columbia is final.

Copyright © 2021 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 9: Instructor Version

8. Workers’ compensation boards are part of the private insurance system and provide the same benefits as other long- or short-term disability providers.

Copyright © 2021 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 9: Instructor Version

Answer Key: Chapter 9 Multiple Choice 1. D 2. A 3. A 4. D 5. A (Note that the term “in the course of employment” is interpreted broadly.)

6. C 7. C 8. B 9. D 10. A True/False 1. False 2. True 3. True (See s 5(3) of the BC WCA and s 24 of the Alberta WCA) 4. True 5. True 6. True 7. False 8. False

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 10: Student Version

Chapter 10: Privacy Inside and Outside the Workplace Multiple Choice 1. Generally speaking, the requirements of the federal Personal Information Protection and Electronic Documents Act (PIPEDA) do not apply to which of following types of employers in Alberta or British Columbia? a. chartered banks b. construction companies c. pipeline companies d. airlines 2. Which of the following types of organizations is not covered by the Freedom of Information Protection of Privacy Act? a. universities and colleges b. health boards and hospitals c. municipalities d. private sector companies 3. Which of the following is not a key feature of PIPEDA? a. applies to all organizations in Alberta that collect, use, and disclose personal information in the course of commercial activities b. attempts to balance the individual’s right to have personal information kept private with the organization’s need to collect, use, and disclose personal information 4. Which one of the following provinces has not passed privacy legislation that covers general personal information in the private sector? a. British Columbia b. Alberta c. Ontario 5. The Alberta and BC Freedom of Information and Protection of Privacy Acts apply to personal information: a. held by all employers in Alberta b. of independent contractors only c. that belongs to employees and is sold across provincial borders d. held by the government and related public sector entities only

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 10: Student Version

6. In November 2013, the Supreme Court of Canada struck down Alberta’s PIPA and gave the province one year to bring its law in line with the Charter of Rights and Freedoms. The case before the SCC at that time related to: a. a dispute over an employee’s right to correct information on their employee file b. a dispute over the right of a union to photograph people crossing a picket line c. a dispute over a company’s right to collect and use employee information 7. Under the federal PIPEDA and Alberta’s and British Columbia’s PIPA, the term “personal information” is broadly defined to encompass information about: a. an individual’s contact information for business purposes b. an identifiable individual c. the spending patterns of small, identifiable cohorts of consumers 8. Under the PIPA, which one of the following pieces of information would not be considered “personal information”? a. an employee’s ethnicity b. an employee’s business address c. an employee’s performance evaluation d. a videotape of an employee 9. Which one of the following is not one of the ten fair information principles that PIPEDA is based on? a. ensuring accountability by appointing a senior person to oversee compliance b. identifying the purpose of collecting the personal information c. getting consent from the individual to whom the personal information relates d. providing automatic access to an individual’s personal information upon request by that individual 10. Which one of the following best described the concept of solicitor-client privilege? a. the principle that everyone should have the right to legal representation b. a rule that protects a client from having to divulge confidential communications with their lawyer c. the Canadian version of the right to remain silent

Copyright © 2021 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 10: Student Version

11. The BC PIPA uses the term “employee personal information” to identify: privilege? a. confidential information in an employee’s personnel file that the employee is not permitted to see b. personal information about an employee that does not related to the employee’s employment c. information about an individual that is collected, used, or disclosed solely for the purposes reasonably required to establish, manage, or terminate an employment relationship between the organization and that individual d. personal information that an employee cannot be compelled to share with the employer True or False 1. Under PIPEDA, the only information that relates to an identifiable individual that is not considered “personal information” is information of the type that would appear on a business card.

2. The provincial privacy commissioner has extensive powers to investigate and resolve complaints and to mediate and resolve appeals.

3. Under PIPA, an employer who collects personal information from an employee may use that personal information for any purpose that is legal and work-related.

4. PIPEDA applies to personal information collected, used, or disclosed in the course of commercial activity unless the province in which the organization is located has implemented substantially similar legislation.

5. In Alberta, it is illegal for an employer to conduct video surveillance of a non-union employee’s workplace without the employee’s written consent.

6. In R v Cole, the Supreme Court of Canada held that a person who uses an employerowned computer for personal use at work does not have a reasonable expectation of privacy in that computer, even where such personal use was allowed by the employer.

7. Under PIPEDA, an organization should never make providing consent to the collection of personal information a precondition for supplying a product or service.

8. Under PIPA, an individual’s consent to the collection or use of his or her personal information must always be in writing.

9. In Wansink v TELUS Communications Inc, the Federal Court of Appeal held that all of the exceptions that allow for the collection, use, and disclosure of personal information without consent are set out specifically in the Act (PIPEDA).

10. In unionized workplaces, employers are not allowed to conduct video surveillance of employees without their consent.

Copyright © 2021 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 10: Student Version

11. In deciding whether videotaped evidence obtained outside of working hours is admissible in a grievance hearing, a majority of arbitrators apply the test of “reasonableness” rather than “relevance.”

12. The BC and Alberta PIPAs are privacy legislation comparable to PIPEDA. 13. The collection of biometric data (e.g., using a physical attribute, such as a fingerprint or voice print) from employees has generally been considered contrary to PIPA’s principles, regardless of the employer’s motives or the safeguards in place.

14. A key lesson from the R v Cole decision is that employees can have an absolute expectation of privacy on employer-owned devices.

15. In Eastmond v Canadian Pacific Railway, the Privacy Commissioner and the Federal Court applied the same four-part test to determine the reasonableness of the placement of cameras on the employer’s railway workyards, but they reached opposite conclusions. The Federal Court held that there were less privacy-invasive alternatives that the employer should have pursued.

16. As long as information is stored electronically and encrypted to that no unauthorized access is permitted, it is unnecessary to adhere to the rules concerning security arrangements to ensure that the information collected will be protected from improper access, use, disclosure, copying, modification, or disposal.

17. Even if an employee provides their express, written consent to the collection, use, retention and disclosure of specified personal information, the collection, use, retention and disclosure of that information must still be “reasonable.”

Copyright © 2021 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 10: Instructor Version

Chapter 10: Privacy Inside and Outside the Workplace Multiple Choice 1. Generally speaking, the requirements of the federal Personal Information Protection and Electronic Documents Act (PIPEDA) do not apply to which of following types of employers in Alberta or British Columbia? a. chartered banks b. construction companies c. pipeline companies d. airlines 2. Which of the following types of organizations is not covered by the Freedom of Information Protection of Privacy Act? a. universities and colleges b. health boards and hospitals c. municipalities d. private sector companies 3. Which of the following is not a key feature of PIPEDA? a. applies to all organizations in Alberta that collect, use, and disclose personal information in the course of commercial activities b. attempts to balance the individual’s right to have personal information kept private with the organization’s need to collect, use, and disclose personal information 4. Which one of the following provinces has not passed privacy legislation that covers general personal information in the private sector? a. British Columbia b. Alberta c. Ontario 5. The Alberta and BC Freedom of Information and Protection of Privacy Acts apply to personal information: a. held by all employers in Alberta b. of independent contractors only c. that belongs to employees and is sold across provincial borders d. held by the government and related public sector entities only

Copyright © 2021 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 10: Instructor Version

6. In November 2013, the Supreme Court of Canada struck down Alberta’s PIPA and gave the province one year to bring its law in line with the Charter of Rights and Freedoms. The case before the SCC at that time related to: a. a dispute over an employee’s right to correct information on their employee file b. a dispute over the right of a union to photograph people crossing a picket line c. a dispute over a company’s right to collect and use employee information 7. Under the federal PIPEDA and Alberta’s and British Columbia’s PIPA, the term “personal information” is broadly defined to encompass information about: a. an individual’s contact information for business purposes b. an identifiable individual c. the spending patterns of small, identifiable cohorts of consumers 8. Under the PIPA, which one of the following pieces of information would not be considered “personal information”? a. an employee’s ethnicity b. an employee’s business address c. an employee’s performance evaluation d. a videotape of an employee 9. Which one of the following is not one of the ten fair information principles that PIPEDA is based on? a. ensuring accountability by appointing a senior person to oversee compliance b. identifying the purpose of collecting the personal information c. getting consent from the individual to whom the personal information relates d. providing automatic access to an individual’s personal information upon request by that individual 10. Which one of the following best described the concept of solicitor-client privilege? a. the principle that everyone should have the right to legal representation b. a rule that protects a client from having to divulge confidential communications with their lawyer c. the Canadian version of the right to remain silent

Copyright © 2021 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 10: Instructor Version

11. The BC PIPA uses the term “employee personal information” to identify: privilege? a. confidential information in an employee’s personnel file that the employee is not permitted to see b. personal information about an employee that does not related to the employee’s employment c. information about an individual that is collected, used, or disclosed solely for the purposes reasonably required to establish, manage, or terminate an employment relationship between the organization and that individual d. personal information that an employee cannot be compelled to share with the employer True or False 1. Under PIPEDA, the only information that relates to an identifiable individual that is not considered “personal information” is information of the type that would appear on a business card.

2. The provincial privacy commissioner has extensive powers to investigate and resolve complaints and to mediate and resolve appeals.

3. Under PIPA, an employer who collects personal information from an employee may use that personal information for any purpose that is legal and work-related.

4. PIPEDA applies to personal information collected, used, or disclosed in the course of commercial activity unless the province in which the organization is located has implemented substantially similar legislation.

5. In Alberta, it is illegal for an employer to conduct video surveillance of a non-union employee’s workplace without the employee’s written consent.

6. In R v Cole, the Supreme Court of Canada held that a person who uses an employerowned computer for personal use at work does not have a reasonable expectation of privacy in that computer, even where such personal use was allowed by the employer.

7. Under PIPEDA, an organization should never make providing consent to the collection of personal information a precondition for supplying a product or service.

8. Under PIPA, an individual’s consent to the collection or use of his or her personal information must always be in writing.

9. In Wansink v TELUS Communications Inc, the Federal Court of Appeal held that all of the exceptions that allow for the collection, use, and disclosure of personal information without consent are set out specifically in the Act (PIPEDA).

10. In unionized workplaces, employers are not allowed to conduct video surveillance of employees without their consent.

Copyright © 2021 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 10: Instructor Version

11. In deciding whether videotaped evidence obtained outside of working hours is admissible in a grievance hearing, a majority of arbitrators apply the test of “reasonableness” rather than “relevance.”

12. The BC and Alberta PIPAs are privacy legislation comparable to PIPEDA. 13. The collection of biometric data (e.g., using a physical attribute, such as a fingerprint or voice print) from employees has generally been considered contrary to PIPA’s principles, regardless of the employer’s motives or the safeguards in place.

14. A key lesson from the R v Cole decision is that employees can have an absolute expectation of privacy on employer-owned devices.

15. In Eastmond v Canadian Pacific Railway, the Privacy Commissioner and the Federal Court applied the same four-part test to determine the reasonableness of the placement of cameras on the employer’s railway workyards, but they reached opposite conclusions. The Federal Court held that there were less privacy-invasive alternatives that the employer should have pursued.

16. As long as information is stored electronically and encrypted to that no unauthorized access is permitted, it is unnecessary to adhere to the rules concerning security arrangements to ensure that the information collected will be protected from improper access, use, disclosure, copying, modification, or disposal.

17. Even if an employee provides their express, written consent to the collection, use, retention and disclosure of specified personal information, the collection, use, retention and disclosure of that information must still be “reasonable”.

Copyright © 2021 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 10: Instructor Version

Chapter 10: Answer Key Multiple Choice 1. B 2. D 3. A 4. C 5. D 6. B 7. B 8. B 9. D 10. B 11. C True or False 1. True 2. True 3. False 4. True 5. False 6. False 7. False 8. False 9. True 10. False 11. True 12. True 13. False 14. False 15. False 16. False

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 10: Instructor Version

17. True

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 11: Student Version

Chapter 11: Navigating the Employment Relationship Multiple Choice 1. An employee should be provided a policy manual: a. before the employee begins work b. after the employee has worked a week c. during the training process d. only by the individual’s manager 2. Company ABC is hosting an annual holiday party where alcohol will be served. The employer should not: a. serve meals b. provide free transportation c. limit alcohol d. ask the Human Resources staff to serve the alcohol 3. Sheldon’s manager has asked him for medical information. Sheldon wonders whether this is allowed. The employer may not ask for medical information in the following circumstance: a. to determine whether a temporary absence was due to a genuine illness or injury b. to determine whether an employee is fit to return to work c. to respond to a request for accommodation d. as a form of reprisal for alleging a human rights violation 4. Sumitra is a 10-year employee. Recently her manager informed her that her performance did not meet company standards. She was therefore placed on probation. The action by the employer: a. may amount to a claim of constructive dismissal b. will never amount to a claim of constructive dismissal c. is an effective way for the employer to address the employee’s poor performance d. is a wise form of corrective action 5. It is not considered best practices for attendance management programs to: a. request as much notice as possible b. request that employees provide an anticipated date of return c. request a doctor’s note for all employee absences d. provide a form for the doctor’s note and the information requested

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 11: Student Version

6. Maurice is a manger looking for ways to effectively manage poor performance by an employee. Maurice should: a. meet with the employee privately b. meet with the employees as a group to discuss that employee’s performance c. consider dismissing the employee from the first instance of poor performance d. expect that the performance will improve immediately 7. In non-unionized workplaces, which one of the following steps in the progressive discipline process is often eliminated because of its legal implications? a. verbal warning b. written warning c. suspension with pay d. suspension without pay 8. Condonation refers to a situation where: a. the employment contract is ambiguous and therefore will be interpreted against the employer b. an employer is aware of misconduct but takes no disciplinary action within a reasonable time c. the employment contract no longer reflects the employment relationship d. the termination clause in the employment contract is unenforceable 9. Vicarious liability refers to a situation where: a. the employer is held legally responsible for the actions of its employees b. the employer serves alcohol at company-sponsored events c. the onus is on the employer to prove that it was not negligent 10. Well-drafted employer policy manuals serve several important purposes. Which one of the following statements related to an employer policy manual is not true? a. it should be provided before the employee begins work b. it should assure employees that the steps laid out in the progressive discipline policy will be carefully followed c. it should make employees aware of the consequences of failing to follow the policies d. it provides a convenient means for making relatively minor changes to company rules

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 11: Student Version

11. A change to an employee’s employment contract is more likely to constitute constructive dismissal if it is: a. an across-the-board change that affects many employees, rather than just one employee b. effective immediately c. done in response to difficult market conditions d. a minor change 12. Where more than one employee is affected by a significant change in the terms of employment, an employer should usually provide the same notice of change to all employees based on the: a. longest notice period to which any of the employees is entitled b. shortest notice period to which any of the employees is entitled c. average notice period to which the employees are collectively entitled 13. Which one of the following is not true of fixed-term employment contracts? a. under the common law, an employer does not need to provide notice of termination when a fixed-term contract is completed b. under the common law, when an employer inadvertently allows an employee to continue working beyond the expiry date, the fixed-term contract automatically becomes an indefinite-term contract c. fixed-term contracts should still contain a termination clause that allows either party to terminate the contract on a certain amount of notice d. fixed-term contracts do not require much attention from the HR department, as they automatically come to an end at the conclusion of the specified term 14. Generally speaking, employers may ask for certain types of medical information relevant to the employee’s functional abilities—as long as it is necessary for the proper management of their operations. Which one of the following should an employer usually not ask for? a. information concerning any limitations or restrictions on the employee’s return to work b. the expected date when the employee will be fit to return to work c. the employee’s medical diagnosis d. an assessment of duties that the employee will be able to perform on his or her return to work

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 11: Student Version

15. In the context of proposing amendments to an employment contract, the concept of “fresh consideration” is best described as follows: a. something of true value, such as a signing bonus or additional vacation, that the employee receives for accepting the amendment b. the requirement to provide the employee with a fresh opportunity to review the amendments and seek clarification, so as to gain a clear understanding of the amendments before agreeing c. a renewed commitment, by the employer, to continue the employee’s employment on the condition that they agree to the amendments d. a signing bonus or some other form of compensation that is equal in value to the amendments or otherwise of sufficient value to offset the detrimental impact of the amendments.

16. An employee has admitted to having engaged in serious misconduct, in a non-unionized workplace. The employer decides not to fire the employee and, instead, provides the employee with a 5 day unpaid disciplinary suspension and a warning that any further misconduct will result in termination for cause. Which of the following statements is true? a. unless the employer has a well-known policy regarding suspensions without pay, this 5 day suspension may constitute constructive dismissal and give the employee the right to sue for damages b. because the employee admitted to the misconduct, the employee must accept the disciplinary suspension or resign c. an employer is never permitted to impose a disciplinary unpaid suspension on a nonunion employee d. the 5-day suspension is improper because progressive discipline must always commence with a written warning True or False 1. Despite the significant number of employment-related statutes, the underlying framework of a non-union employment relationship is the individual contract of employment.

2. The contents of an employer policy manual automatically apply to all employees of that employer, but do not cover independent contractors.

3. As long as an employer provides sufficient advance notice of any change to the terms of employment, it can unilaterally make even a significant change (such as a drastic decrease in wages) without facing a lawsuit for constructive dismissal.

4. An employer’s promise not to terminate an employee’s employment if the employee agrees to accept a new term in the employment contract can never constitute consideration.

5. An employee’s refusal to sign a disadvantageous new employment agreement does not usually constitute just cause for dismissal.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 11: Student Version

6. An employer may not terminate an employee for innocent absenteeism.

7. Absences caused by a disability should be dealt with outside any attendance management program.

8. From a legal point of view, salary reviews should be held at the same time as performance reviews.

9. An employer can be vicariously liable for allowing employees to use hand-held cellphones while driving.

10. A change to an employee’s employment contract is less likely to constitute constructive dismissal if it is an across-the-board change that affects many employees, rather than just one employee.

11. Even promoting an employee to a higher, better-paying position may potentially constitute constructive dismissal.

12. An employer must apply progressive discipline before it can dismiss a non-union employee for cause.

13. There are only two reasons that an employer may request medical information from an employee: (1) to determine whether a temporary absence due to illness or injury is legitimate and (2) to determine whether an employee is fit to return to work after a medically related absence where there are reasonable grounds to question the employee’s fitness or ability to work safely.

14. An employer served its employees alcohol at a work function. There was public transportation available at the location of the event, but employees were driving home intoxicated. It is highly unlikely the employer would be held responsible for any injuries that were incurred by an employee as a result of intoxicated driving.

15. In the absence of a contractual provision authorizing this action, the imposition of probation may constitute a fundamental change to the employment contract and give the employee the right to sue for damages for constructive dismissal.

16. Once an employer is aware of an employee’s misconduct and takes no disciplinary action within a reasonable time, the employer cannot dismiss the employee for that misconduct without any new misconduct.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 11: Instructor Version

Chapter 11: Navigating the Employment Relationship Multiple Choice 1. An employee should be provided a policy manual: a. before the employee begins work b. after the employee has worked a week c. during the training process d. only by the individual’s manager 2. Company ABC is hosting an annual holiday party where alcohol will be served. The employer should not: a. serve meals b. provide free transportation c. limit alcohol d. ask the Human Resources staff to serve the alcohol 3. Sheldon’s manager has asked him for medical information. Sheldon wonders whether this is allowed. The employer may not ask for medical information in the following circumstance: a. to determine whether a temporary absence was due to a genuine illness or injury b. to determine whether an employee is fit to return to work c. to respond to a request for accommodation d. as a form of reprisal for alleging a human rights violation 4. Sumitra is a 10-year employee. Recently her manager informed her that her performance did not meet company standards. She was therefore placed on probation. The action by the employer: a. may amount to a claim of constructive dismissal b. will never amount to a claim of constructive dismissal c. is an effective way for the employer to address the employee’s poor performance d. is a wise form of corrective action 5. It is not considered best practices for attendance management programs to: a. request as much notice as possible b. request that employees provide an anticipated date of return c. request a doctor’s note for all employee absences d. provide a form for the doctor’s note and the information requested

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 11: Instructor Version

6. Maurice is a manger looking for ways to effectively manage poor performance by an employee. Maurice should: a. meet with the employee privately b. meet with the employees as a group to discuss that employee’s performance c. consider dismissing the employee from the first instance of poor performance d. expect that the performance will improve immediately 7. In non-unionized workplaces, which one of the following steps in the progressive discipline process is often eliminated because of its legal implications? a. verbal warning b. written warning c. suspension with pay d. suspension without pay 8. Condonation refers to a situation where: a. the employment contract is ambiguous and therefore will be interpreted against the employer b. an employer is aware of misconduct but takes no disciplinary action within a reasonable time c. the employment contract no longer reflects the employment relationship d. the termination clause in the employment contract is unenforceable 9. Vicarious liability refers to a situation where: a. the employer is held legally responsible for the actions of its employees b. the employer serves alcohol at company-sponsored events c. the onus is on the employer to prove that it was not negligent 10. Well-drafted employer policy manuals serve several important purposes. Which one of the following statements related to an employer policy manual is not true? a. it should be provided before the employee begins work b. it should assure employees that the steps laid out in the progressive discipline policy will be carefully followed c. it should make employees aware of the consequences of failing to follow the policies d. it provides a convenient means for making relatively minor changes to company rules

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 11: Instructor Version

11. A change to an employee’s employment contract is more likely to constitute constructive dismissal if it is: a. an across-the-board change that affects many employees, rather than just one employee b. effective immediately c. done in response to difficult market conditions d. a minor change 12. Where more than one employee is affected by a significant change in the terms of employment, an employer should usually provide the same notice of change to all employees based on the: a. longest notice period to which any of the employees is entitled b. shortest notice period to which any of the employees is entitled c. average notice period to which the employees are collectively entitled 13. Which one of the following is not true of fixed-term employment contracts? a. under the common law, an employer does not need to provide notice of termination when a fixed-term contract is completed b. under the common law, when an employer inadvertently allows an employee to continue working beyond the expiry date, the fixed-term contract automatically becomes an indefinite-term contract c. fixed-term contracts should still contain a termination clause that allows either party to terminate the contract on a certain amount of notice d. fixed-term contracts do not require much attention from the HR department, as they automatically come to an end at the conclusion of the specified term 14. Generally speaking, employers may ask for certain types of medical information relevant to the employee’s functional abilities—as long as it is necessary for the proper management of their operations. Which one of the following should an employer usually not ask for? a. information concerning any limitations or restrictions on the employee’s return to work b. the expected date when the employee will be fit to return to work c. the employee’s medical diagnosis d. an assessment of duties that the employee will be able to perform on his or her return to work

Copyright © 2021 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 11: Instructor Version

15. In the context of proposing amendments to an employment contract, the concept of “fresh consideration” is best described as follows: a. something of true value, such as a signing bonus or additional vacation, that the employee receives for accepting the amendment b. the requirement to provide the employee with a fresh opportunity to review the amendments and seek clarification, so as to gain a clear understanding of the amendments before agreeing c. a renewed commitment, by the employer, to continue the employee’s employment on the condition that they agree to the amendments d. a signing bonus or some other form of compensation that is equal in value to the amendments or otherwise of sufficient value to offset the detrimental impact of the amendments.

16. An employee has admitted to having engaged in serious misconduct, in a non-unionized workplace. The employer decides not to fire the employee and, instead, provides the employee with a 5 day unpaid disciplinary suspension and a warning that any further misconduct will result in termination for cause. Which of the following statements is true? a. unless the employer has a well-known policy regarding suspensions without pay, this 5 day suspension may constitute constructive dismissal and give the employee the right to sue for damages b. because the employee admitted to the misconduct, the employee must accept the disciplinary suspension or resign c. an employer is never permitted to impose a disciplinary unpaid suspension on a nonunion employee d. the 5-day suspension is improper because progressive discipline must always commence with a written warning True or False 1. Despite the significant number of employment-related statutes, the underlying framework of a non-union employment relationship is the individual contract of employment.

2. The contents of an employer policy manual automatically apply to all employees of that employer, but do not cover independent contractors.

3. As long as an employer provides sufficient advance notice of any change to the terms of employment, it can unilaterally make even a significant change (such as a drastic decrease in wages) without facing a lawsuit for constructive dismissal.

4. An employer’s promise not to terminate an employee’s employment if the employee agrees to accept a new term in the employment contract can never constitute consideration.

5. An employee’s refusal to sign a disadvantageous new employment agreement does not usually constitute just cause for dismissal.

Copyright © 2021 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 11: Instructor Version

6. An employer may not terminate an employee for innocent absenteeism.

7. Absences caused by a disability should be dealt with outside any attendance management program.

8. From a legal point of view, salary reviews should be held at the same time as performance reviews.

9. An employer can be vicariously liable for allowing employees to use hand-held cellphones while driving.

10. A change to an employee’s employment contract is less likely to constitute constructive dismissal if it is an across-the-board change that affects many employees, rather than just one employee.

11. Even promoting an employee to a higher, better-paying position may potentially constitute constructive dismissal.

12. An employer must apply progressive discipline before it can dismiss a non-union employee for cause.

13. There are only two reasons that an employer may request medical information from an employee: (1) to determine whether a temporary absence due to illness or injury is legitimate and (2) to determine whether an employee is fit to return to work after a medically related absence where there are reasonable grounds to question the employee’s fitness or ability to work safely.

14. An employer served its employees alcohol at a work function. There was public transportation available at the location of the event, but employees were driving home intoxicated. It is highly unlikely the employer would be held responsible for any injuries that were incurred by an employee as a result of intoxicated driving.

15. In the absence of a contractual provision authorizing this action, the imposition of probation may constitute a fundamental change to the employment contract and give the employee the right to sue for damages for constructive dismissal.

16. Once an employer is aware of an employee’s misconduct and takes no disciplinary action within a reasonable time, the employer cannot dismiss the employee for that misconduct without any new misconduct.

Copyright © 2021 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 11: Instructor Version

Chapter 11: Answer Key Multiple Choice 1. A 2. D 3. D 4. A 5. C 6. A 7. D 8. B 9. A 10. D 11. B 12. A 13. D 14. C 15. A 16. A True False 1. True 2. False 3. False 4. False 5. True 6. False 7. True 8. False 9. True 10. True 11. True

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 11: Instructor Version

12. False 13. False 14. False 15. True 16. True

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th edition Test Bank Chapter 12: Student Version

Chapter 12: Resignation and Retirement Multiple Choice 1. Paul is a difficult employee who doesn’t like receiving any kind of criticism. After receiving a performance review that clearly upset him, Paul storms out of his boss’s office, yelling, “I resign.” In this situation, the employer should: a. immediately write a letter accepting the resignation, since it will solve a big problem for the employer b. give Paul time to cool off to see if that’s really what he wants to do c. accept Paul’s resignation orally and then send a notification out to his co-workers d. tell everyone in the office how Paul reacted to his performance review and get his co-workers’ input 2. Under the Alberta Human Rights Act and BC Human Rights Code: a. most employers cannot insist that an employee retire at age 65, but an employee who is dismissed after that age cannot sue for wrongful dismissal damages b. most employers can now only insist that an employee retire once that employee reaches age 70 c. most employers cannot insist that an employee retire just because he or she has reached the age of 65 3. Generally speaking, an employee who gives an employer notice of resignation is not legally entitled to: a. wrongful dismissal damages b. file a complaint under employment standards legislation c. file a complaint under human rights legislation d. accept employment with a competitor of their former employer 4. To ensure that offering an early retirement incentive does not constitute age discrimination, an employer should: a. present the offer in a neutral way, focusing on contents and eligibility b. make sure the eligible employee understands the attractiveness of the offer by, for example, holding a number of meetings to explain it c. arrange teleconferences with retired acquaintances of the employee to discuss the advantages of retirement d. present the offer through the individual’s immediate supervisor

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th edition Test Bank Chapter 12: Student Version

5. Which one of the following is not a benefit of conducting an exit interview with a departing employee? a. it can help the employer develop improved retention programs b. it can uncover issues that could potentially lead to harassment or discrimination claims c. it provides an opportunity to discuss outstanding legal obligations such as the departing employee’s duty not to disclose confidential information d. it provides an opportunity for the employee’s direct supervisor to have a final, face-to-face, confidential meeting 6. In Gilbert v Tandet Transport, the court found that Gilbert had not resigned but had instead been dismissed because: a. it was not his fault that his employer could not reach him by phone to advise him whether it was a full-time or part-time position he would be returning to b. the employer should have indicated the nature of the position he was being recalled to on the recall notice c. he never formed an intention to resign because he never had enough information to make that decision d. the employer did not honestly believe that Gilbert had resigned 7. In cases where an employee has given notice of resignation and the employer does not wish to have the resigning employee continue working through their notice period, the employer should: a. immediately terminate the employment relationship b. direct the employee to withdraw their notice timeframe and resign immediately c. politely ask the employee to withdraw their notice timeframe and resign immediately d. accept the employee’s resignation and advise them that they will be paid through the applicable notice period but should not attend work 8. Mary is not impressed with the level of work being done by John. Mary’s best course of action to avoid a wrongful dismissal claim from John is to: a. ask John to offer a letter of resignation with proper notice b. tell John that he should quit the job as it is just not working out c. tell John that if his performance does not improve, he will be forced to resign from the position d. provide John with appropriate notice under the Employment Standards Code, or pay him the equivalent in lieu of the notice period

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th edition Test Bank Chapter 12: Student Version

True or False 1. Under Alberta and British Columbia law, employees in these provinces are required to retire when they reach 65 years of age.

2. Where an employee tenders a resignation but later alleges that the resignation was not voluntary, the onus is on the employee to prove that the resignation was not voluntary.

3. Under the common law, an employee has an implied duty to provide reasonable notice of resignation just as an employer has an implied duty to provide reasonable notice of termination.

4. Several years ago, Alberta and British Columbia both effectively abolished mandatory retirement at age 65 by amending the Employment Standards Act. 5. An employee who chooses to resign, rather than be fired, is not entitled to wrongful dismissal damages even if it turns out that the employer did not have just cause for termination.

6. Alberta has a statutory requirement that an employee provide advance notice of resignation.

7. British Columbia has a statutory requirement that an employee provide advance notice of resignation.

8. It is contrary to the Alberta Human Rights Act and the BC Human Rights Code for an employer to make an early retirement incentive package available to workers.

9. When an employee fails to provide reasonable notice of resignation and the employer asserts that they have suffered damages as a result, the employer has a legal duty to try to mitigate its damages by attempting to find a replacement for that employee.

10. For government employers, the Supreme Court of Canada has found that mandatory retirement does constitute age discrimination under section 15 of the Charter.

11. Wrongful resignation actions against employees are rare.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th edition Test Bank Chapter 12: Instructor Version

Chapter 12: Resignation and Retirement Multiple Choice 1. Paul is a difficult employee who doesn’t like receiving any kind of criticism. After receiving a performance review that clearly upset him, Paul storms out of his boss’s office, yelling, “I resign.” In this situation, the employer should: a. immediately write a letter accepting the resignation, since it will solve a big problem for the employer b. give Paul time to cool off to see if that’s really what he wants to do c. accept Paul’s resignation orally and then send a notification out to his co-workers d. tell everyone in the office how Paul reacted to his performance review and get his co-workers’ input 2. Under the Alberta Human Rights Act and BC Human Rights Code: a. most employers cannot insist that an employee retire at age 65, but an employee who is dismissed after that age cannot sue for wrongful dismissal damages b. most employers can now only insist that an employee retire once that employee reaches age 70 c. most employers cannot insist that an employee retire just because he or she has reached the age of 65 3. Generally speaking, an employee who gives an employer notice of resignation is not legally entitled to: a. wrongful dismissal damages b. file a complaint under employment standards legislation c. file a complaint under human rights legislation d. accept employment with a competitor of their former employer 4. To ensure that offering an early retirement incentive does not constitute age discrimination, an employer should: a. present the offer in a neutral way, focusing on contents and eligibility b. make sure the eligible employee understands the attractiveness of the offer by, for example, holding a number of meetings to explain it c. arrange teleconferences with retired acquaintances of the employee to discuss the advantages of retirement d. present the offer through the individual’s immediate supervisor

Copyright © 2020 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4 th edition Test Bank Chapter 12: Instructor Version

5. Which one of the following is not a benefit of conducting an exit interview with a departing employee? a. it can help the employer develop improved retention programs b. it can uncover issues that could potentially lead to harassment or discrimination claims c. it provides an opportunity to discuss outstanding legal obligations such as the departing employee’s duty not to disclose confidential information d. it provides an opportunity for the employee’s direct supervisor to have a final, face-to-face, confidential meeting 6. In Gilbert v Tandet Transport, the court found that Gilbert had not resigned but had instead been dismissed because: a. it was not his fault that his employer could not reach him by phone to advise him whether it was a full-time or part-time position he would be returning to b. the employer should have indicated the nature of the position he was being recalled to on the recall notice c. he never formed an intention to resign because he never had enough information to make that decision d. the employer did not honestly believe that Gilbert had resigned 7. In cases where an employee has given notice of resignation and the employer does not wish to have the resigning employee continue working through their notice period, the employer should: a. immediately terminate the employment relationship b. direct the employee to withdraw their notice timeframe and resign immediately c. politely ask the employee to withdraw their notice timeframe and resign immediately d. accept the employee’s resignation and advise them that they will be paid through the applicable notice period but should not attend work 8. Mary is not impressed with the level of work being done by John. Mary’s best course of action to avoid a wrongful dismissal claim from John is to: a. ask John to offer a letter of resignation with proper notice b. tell John that he should quit the job as it is just not working out c. tell John that if his performance does not improve, he will be forced to resign from the position d. provide John with appropriate notice under the Employment Standards Code, or pay him the equivalent in lieu of the notice period

Copyright © 2020 Emond Montgomery Publications. All rights reserved.

Employment Law for Business and Human Resources Professionals: Alberta and BC, 4 th edition Test Bank Chapter 12: Instructor Version

True or False 1. Under Alberta and British Columbia law, employees in these provinces are required to retire when they reach 65 years of age.

2. Where an employee tenders a resignation but later alleges that the resignation was not voluntary, the onus is on the employee to prove that the resignation was not voluntary.

3. Under the common law, an employee has an implied duty to provide reasonable notice of resignation just as an employer has an implied duty to provide reasonable notice of termination.

4. Several years ago, Alberta and British Columbia both effectively abolished mandatory retirement at age 65 by amending the Employment Standards Act. 5. An employee who chooses to resign, rather than be fired, is not entitled to wrongful dismissal damages even if it turns out that the employer did not have just cause for termination.

6. Alberta has a statutory requirement that an employee provide advance notice of resignation.

7. British Columbia has a statutory requirement that an employee provide advance notice of resignation.

8. It is contrary to the Alberta Human Rights Act and the BC Human Rights Code for an employer to make an early retirement incentive package available to workers.

9. When an employee fails to provide reasonable notice of resignation and the employer asserts that they have suffered damages as a result, the employer has a legal duty to try to mitigate its damages by attempting to find a replacement for that employee.

10. For government employers, the Supreme Court of Canada has found that mandatory retirement does constitute age discrimination under section 15 of the Charter.

11. Wrongful resignation actions against employees are rare.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4 th edition Test Bank Chapter 12: Instructor Version

Chapter 12: Answer Key Multiple Choice 1. B 2. C 3. A 4. A 5. D 6. C 7. D 8. D True or False 1. False 2. False 3. True 4. False 5. False 6. True 7. False 8. False 9. True 10. True 11. True

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 13: Student Version

Chapter 13: Dismissal With Cause Multiple Choice 1. In Kelly v Linamar Corporation, an employee was dismissed for cause for being charged with, and admitting to, possessing child pornography on his home computer. In that case, the court found that: a. the employer had just cause because no employer can be expected to continue to employ someone who is involved in activities that offend societal norms in relation to children b. the employer did not have just cause because the misconduct occurred entirely on the employee’s own time and equipment c. the employer did not have just cause to dismiss the employee until he had been convicted of the offence d. the employer had just cause in these circumstances in light of its prominence within the local community and the employee’s position 2. 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? a. the employee’s length of service and disciplinary record b. whether the misconduct was planned and deliberate or a momentary error in judgment c. the employer’s size and financial health d. the nature of the employee’s position 3. In a legal dispute concerning whether or not an employer had just cause to dismiss an employee: a. the onus is on the employer to show, on a balance of probabilities, that it had just cause b. the onus is on the employee to show, on a balance of probabilities, that the employer did not have just cause c. the onus is on the employer to show, beyond a reasonable doubt, that it had just cause d. the onus is on the employee to show, beyond a reasonable doubt, that the employer did not have just cause 4. Which of the following legal concepts do the courts apply in determining whether an employer had just cause to terminate an employee? a. near cause b. ballpark damages c. proportionality

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 13: Student Version

5. 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 a dismissal was for just cause? a. McKinley v BC Tel b. Weisenberger v Marsh Canada Limited c. Obeng v Canada Safeway Limited d. Henry v Foxco Ltd 6. Which one of the following grounds is typically the most difficult for an employer to prove constitutes just cause? a. conflict of interest b. incompetence c. insubordination d. intoxication 7. Which one of the following statements concerning an employer’s obligation to provide procedural fairness in investigating alleged misconduct is not true? a. the employee should be given ample opportunity to respond to the allegations against him or her b. the allegations should be investigated in good faith, thoroughly, and promptly c. the employer should promise that the investigation will remain confidential d. the decision must be made in good faith and not for an ulterior motive 8. When dismissing an employee for dishonesty, the steps adopted by the employer should not include: a. providing the employee—when he or she is hired—with clear, written policies outlining required behaviour b. investigating incidents thoroughly c. providing employees with a copy of written policies and reviewing them regularly d. providing a minimal compensation package in instances where the employer cannot prove that the employee committed the dishonesty but does not want to retain the employee 9. Jerome stole from his employer. Upon learning of the theft, the employer wanted to dismiss Jerome. To avoid a wrongful dismissal claim, the employer should: a. apply the principle of proportionality when determining whether to dismiss Jerome b. dismiss Jerome immediately c. ignore the incident, given that it was a small item d. change Jerome’s supervisor to ensure a more positive working environment

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 13: Student Version

10. When determining whether an employee can be dismissed for off-duty conduct the employer must prove that: a. there is a substantial connection between the off-duty conduct and the employer’s wellbeing b. the conduct at issue was illegal c. the conduct at issue was immoral d. the conduct at issue occurred on multiple occasions 11. Which of the following should an employer not consider when adopting a blogging policy? a. a pseudonym (fake name) allows the employee to avoid the rules adopted in the employer’s blogging policy b. the posting of defamatory comments about fellow employees is expressly prohibited c. employees must use their own equipment and time for personal blogging purposes d. failure to follow the policy may result in discipline up to and including dismissal 12. An employer should consider the following issue when determining whether an employee’s conduct amounts to culpable absenteeism for dismissal: a. the position of the employee b. the commitment of the employee c. whether the employee’s absenteeism has started suddenly d. the practices of a competitor 13. When determining the appropriate response to an employee’s intoxication, the employer’s actions should not consider: a. whether the intoxication harmed the employer’s business interests b. whether the employee’s performance was impacted by the intoxication c. the practice of the employer with previous intoxicated employees d. the commitment of the employee 14. Which of the following should not be grounds for considering whether an employee can be dismissed for incompetence? a. the requirements of the job are reasonable b. the employee was provided adequate training c. the performance of other employees d. the employer has documented corrective action

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 13: Student Version

15. Jeff is a diagnosed alcoholic and protected under the Human Rights Code. He has experienced a relapse and arrived late for work three days this week. The employer should: a. consider the undue hardship threshold b. dismiss Jeff immediately before he arrives at work late c. warn Jeff he will be immediately dismissed the next time he is late d. tell Jeff’s co-workers about his disability so that they will understand why he was late True or False 1. The same set of facts relating to misconduct may constitute just cause for one employee but not for another.

2. The way an employee responds to an allegation of misconduct can be a critical factor in determining whether or not the employer has just cause to dismiss an employee.

3. One of ABC Company’s largest customers has just gone bankrupt, and it needs to downsize 10% of its workforce to remain in business. In this situation, ABC Company has just cause under the common law to dismiss the affected employees.

4. In a legal dispute arising out of a termination, justification for dismissal can be based on facts discovered after dismissal.

5. An employee can eliminate the risk of being fired for just cause for inappropriate comments made in a social blog by writing anonymously and using aliases for the names of the people in the organization that the blog refers to.

6. To prove just cause under the common law, an employer must prove, on a balance of probabilities, that the employee’s misconduct was “wilful.”

7. In a situation involving sexual harassment in the workplace, courts are more likely to find just cause where the misconduct was done by a supervisor rather than by a non-supervisory employee.

8. Conduct that occurs offsite, during the social component of a business meeting, is considered part of the employment relationship for purposes of establishing just cause.

9. An employer that alleges dishonesty as the grounds for just cause dismissal may be required to meet a higher standard of proof than a balance of probabilities.

10. If any part of an employee’s absences result from a disability, an employer cannot rely on those absences in determining whether it has just cause to dismiss an employee for excessive absenteeism.

11. A court may find just cause for dismissal based on the fact that the employee lied or tried to conceal the misconduct, even where the misconduct itself was not serious enough to constitute just cause.

12. An employee can be disciplined or fired for cause based on online postings or blogs made outside of working hours.

13. In Dzieciski v Lighting Dimensions Inc the court determined that an employee can never be terminated for one incident of intoxication at work.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 13: Student Version

14. Lina was dishonest on her expense account. Her manager was aware of the issue but did not discipline Lina. Two years later, Lina’s manager dismissed her, alleging just cause due to her dishonest expense account. The termination will likely be upheld.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 13: Instructor Version

Chapter 13: Dismissal With Cause Multiple Choice 1. In Kelly v Linamar Corporation, an employee was dismissed for cause for being charged with, and admitting to, possessing child pornography on his home computer. In that case, the court found that: a. the employer had just cause because no employer can be expected to continue to employ someone who is involved in activities that offend societal norms in relation to children b. the employer did not have just cause because the misconduct occurred entirely on the employee’s own time and equipment c. the employer did not have just cause to dismiss the employee until he had been convicted of the offence d. the employer had just cause in these circumstances in light of its prominence within the local community and the employee’s position 2. 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? a. the employee’s length of service and disciplinary record b. whether the misconduct was planned and deliberate or a momentary error in judgment c. the employer’s size and financial health d. the nature of the employee’s position 3. In a legal dispute concerning whether or not an employer had just cause to dismiss an employee: a. the onus is on the employer to show, on a balance of probabilities, that it had just cause b. the onus is on the employee to show, on a balance of probabilities, that the employer did not have just cause c. the onus is on the employer to show, beyond a reasonable doubt, that it had just cause d. the onus is on the employee to show, beyond a reasonable doubt, that the employer did not have just cause 4. Which of the following legal concepts do the courts apply in determining whether an employer had just cause to terminate an employee? a. near cause b. ballpark damages c. proportionality

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 13: Instructor Version

5. 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 a dismissal was for just cause? a. McKinley v BC Tel b. Weisenberger v Marsh Canada Limited c. Obeng v Canada Safeway Limited d. Henry v Foxco Ltd 6. Which one of the following grounds is typically the most difficult for an employer to prove constitutes just cause? a. conflict of interest b. incompetence c. insubordination d. intoxication 7. Which one of the following statements concerning an employer’s obligation to provide procedural fairness in investigating alleged misconduct is not true? a. the employee should be given ample opportunity to respond to the allegations against him or her b. the allegations should be investigated in good faith, thoroughly, and promptly c. the employer should promise that the investigation will remain confidential d. the decision must be made in good faith and not for an ulterior motive 8. When dismissing an employee for dishonesty, the steps adopted by the employer should not include: a. providing the employee—when he or she is hired—with clear, written policies outlining required behaviour b. investigating incidents thoroughly c. providing employees with a copy of written policies and reviewing them regularly d. providing a minimal compensation package in instances where the employer cannot prove that the employee committed the dishonesty but does not want to retain the employee 9. Jerome stole from his employer. Upon learning of the theft, the employer wanted to dismiss Jerome. To avoid a wrongful dismissal claim, the employer should: a. apply the principle of proportionality when determining whether to dismiss Jerome b. dismiss Jerome immediately c. ignore the incident, given that it was a small item d. change Jerome’s supervisor to ensure a more positive working environment

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 13: Instructor Version

10. When determining whether an employee can be dismissed for off-duty conduct the employer must prove that: a. there is a substantial connection between the off-duty conduct and the employer’s wellbeing b. the conduct at issue was illegal c. the conduct at issue was immoral d. the conduct at issue occurred on multiple occasions 11. Which of the following should an employer not consider when adopting a blogging policy? a. a pseudonym (fake name) allows the employee to avoid the rules adopted in the employer’s blogging policy b. the posting of defamatory comments about fellow employees is expressly prohibited c. employees must use their own equipment and time for personal blogging purposes d. failure to follow the policy may result in discipline up to and including dismissal 12. An employer should consider the following issue when determining whether an employee’s conduct amounts to culpable absenteeism for dismissal: a. the position of the employee b. the commitment of the employee c. whether the employee’s absenteeism has started suddenly d. the practices of a competitor 13. When determining the appropriate response to an employee’s intoxication, the employer’s actions should not consider: a. whether the intoxication harmed the employer’s business interests b. whether the employee’s performance was impacted by the intoxication c. the practice of the employer with previous intoxicated employees d. the commitment of the employee 14. Which of the following should not be grounds for considering whether an employee can be dismissed for incompetence? a. the requirements of the job are reasonable b. the employee was provided adequate training c. the performance of other employees d. the employer has documented corrective action

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 13: Instructor Version

15. Jeff is a diagnosed alcoholic and protected under the Human Rights Code. He has experienced a relapse and arrived late for work three days this week. The employer should: a. consider the undue hardship threshold b. dismiss Jeff immediately before he arrives at work late c. warn Jeff he will be immediately dismissed the next time he is late d. tell Jeff’s co-workers about his disability so that they will understand why he was late True or False 1. The same set of facts relating to misconduct may constitute just cause for one employee but not for another.

2. The way an employee responds to an allegation of misconduct can be a critical factor in determining whether or not the employer has just cause to dismiss an employee.

3. One of ABC Company’s largest customers has just gone bankrupt, and it needs to downsize 10% of its workforce to remain in business. In this situation, ABC Company has just cause under the common law to dismiss the affected employees.

4. In a legal dispute arising out of a termination, justification for dismissal can be based on facts discovered after dismissal.

5. An employee can eliminate the risk of being fired for just cause for inappropriate comments made in a social blog by writing anonymously and using aliases for the names of the people in the organization that the blog refers to.

6. To prove just cause under the common law, an employer must prove, on a balance of probabilities, that the employee’s misconduct was “wilful.”

7. In a situation involving sexual harassment in the workplace, courts are more likely to find just cause where the misconduct was done by a supervisor rather than by a non-supervisory employee.

8. Conduct that occurs offsite, during the social component of a business meeting, is considered part of the employment relationship for purposes of establishing just cause.

9. An employer that alleges dishonesty as the grounds for just cause dismissal may be required to meet a higher standard of proof than a balance of probabilities.

10. If any part of an employee’s absences result from a disability, an employer cannot rely on those absences in determining whether it has just cause to dismiss an employee for excessive absenteeism.

11. A court may find just cause for dismissal based on the fact that the employee lied or tried to conceal the misconduct, even where the misconduct itself was not serious enough to constitute just cause.

12. An employee can be disciplined or fired for cause based on online postings or blogs made outside of working hours.

13. In Dzieciski v Lighting Dimensions Inc the court determined that an employee can never be terminated for one incident of intoxication at work.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 13: Instructor Version

14. Lina was dishonest on her expense account. Her manager was aware of the issue but did not discipline Lina. Two years later, Lina’s manager dismissed her, alleging just cause due to her dishonest expense account. The termination will likely be upheld.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 13: Instructor Version

Chapter 13: Answer Key Multiple Choice 1. D 2. C 3. A 4. C 5. A 6. B 7. C 8. D 9. A 10. A 11. A 12. C 13. D 14. C 15. A True or False 1. True 2. True 3. False 4. True 5. False 6. False 7. True 8. True 9. True 10. True 11. True 12. True

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 13: Instructor Version

13. False 14. False

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 14: Student Version

Chapter 14: Dismissal Without Cause Multiple Choice 1. Under Alberta’s ESC, what is the minimum statutory termination notice or pay in lieu of notice required for an employee who has worked for that employer for 4½ years and is permanently laid off at the same time as 50 other employees? a. 4 weeks b. 5 weeks c. 8 weeks d. 12 weeks 2. Under BC’s ESA, how many weeks of working notice or pay does an employer owe an employee who has worked for that employer for 4½ years and is permanently laid off at the same time as 50 other employees? a. 4 weeks b. 5 weeks c. 8 weeks d. 12 weeks 3. Under Alberta’s ESC, to be effective, a notice of termination must: a. be in writing b. only be delivered in person c. specify the reasons for termination 4. The purpose of common law and statutory notice of termination or pay in lieu of notice is to: a. provide the employee with time to find a comparable job while still receiving income b. recognize the employee’s loss of benefits and seniority in the job c. punish the employer for wrongfully dismissing the employee 5. The choice of whether an employee who is terminated without cause will continue working throughout the notice period or receive pay in lieu of notice (or, in BC, compensation for length of service (CLOS)) is made by: a. the dismissed employee b. the Ministry of Labour, Director of Employment Standards c. the employer d. the employer and dismissed employee, jointly

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 14: Student Version

6. To qualify for notice, pay in lieu of notice, or CLOS, an employee must have worked for the employer for at least: a. 3 months b. 6 months c. 1 year d. 2 years 7. Under employment standards legislation in Alberta and British Columbia the continuity of service rule means that an employee who continues to work for a new owner of a former employer’s business retains the employee’s length of service. However, in Alberta 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: a. 12 weeks b. 13 weeks c. 26 weeks d. 35 weeks 8. Susan has worked for XYZ Company as a cashier for 9½ years. Two years ago she quit her job with XYZ to work for a competitor, but realized after only two months that she had made a mistake. XYZ Company rehired her. Now, XYZ Company is closing down and Susan will be permanently laid off. Under the Alberta ESC, how much termination notice or pay in lieu of notice does XYZ Company owe Susan? a. 1 week b. 2 weeks c. 4 weeks d. 6 weeks 9. Susan has worked in British Columbia for the XYZ Company as a cashier for 5 years. She then took 8 weeks of unpaid compassionate care leave to take care of her dying grandparent.

She returned to work for another 4 years. Now, the XYZ Company is closing down and Susan will be permanently laid off. Under the British Columbia ESA, how much CLOS (or working notice) does the XYZ Company owe Susan? a. 2 weeks b. 4 weeks c. 6 weeks d. 8 weeks

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 14: Student Version

10. Yesterday afternoon, just before he was leaving work for the day, Ivan’s supervisor came up to him and the twenty-seven other workers in his department to give them some bad news.

The employer would be eliminating their department, and they would all be laid off in five to six months’ time. None of the employees in the department has more than five years’ service.

Which of the following is true? a. the supervisor’s comments start the statutory notice period running because the employer has given the employees far more working notice than is required under the employment standards statute b. the statutory notice period will be longer because it is considered a mass layoff c. the statutory notice period has not started running yet because the supervisor did not give the notice in writing 11. Which one of the following is not an exception to the rules requiring working notice or pay in lieu/CLOS for a dismissed employee? a. where an employee is temporarily laid off b. where an employee only works part-time c. where an employee refuses reasonable alternative work d. where the employee is not working due to a strike or lockout at the workplace 12. Sometimes an employer provides a payment to a dismissed employee on a voluntary basis, even though it believes it has just cause. To ensure that this payment cannot be used later in court to argue that the employer effectively admitted lack of just cause, the employer should clearly indicate in writing that the payment is made: a. based on frustration of contract b. as part of a settlement negotiation c. on a without prejudice basis d. on a contra proferentem basis 13. L Corporation was purchased by XYZ Corporation. The employment standards legislation in Alberta and British Columbia indicates that ABC employees who continue their employment with XYZ Corporation: a. are considered to start new employment with XYZ b. retain their rights and length of service as if there had been no sale or transfer c. only retain their length of service if the organization is unionized d. retain their pension

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 14: Student Version

14. An employer is not required to pay compensation or give working notice when the employer: a. dismisses the employee as a result of bankruptcy b. constructively dismisses the employee c. lays the employee off because of a business closure d. accepts the resignation of an employee 15. Which of the following is not one of the factors a court will consider in determining reasonable notice under the common law? a. the employee’s age b. the employee’s length of service c. the employer’s size and financial health d. the employee’s position 16. Which of the following factors is not considered by a court in determining whether an employment contract has been frustrated in the case of prolonged employee illness? a. sick pay provisions in the employment contract b. the length of employment c. the age of the employee d. the nature of the illness 17. An employer may require a dismissed employee to sign a release before providing her with: a. statutory termination pay b. payment related to the common-law reasonable notice period c. neither of the above 18. According to Mifsud v MacMillan Bathurst, an employee who has been constructively dismissed has a duty to mitigate by taking the altered job offered by the employer where: a. the salary and working conditions remain the same and the working relationships are not acrimonious b. the employee is in a non-supervisory position c. the employer is relatively large 19. Under the federal Employment Insurance Act, an employer must issue a record of employment within: a. 5 calendar days of the employee’s interruption of earnings b. 7 calendar days of the employee’s interruption of earnings c. 10 calendar days of the employee’s interruption of earnings d. 14 calendar days of the employee’s interruption of earnings

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 14: Student Version

20. 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: a. the employer’s failure to mitigate b. constructive dismissal c. condonation d. reformulated Wallace damages 21. 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: a. be given as an extension of the reasonable notice period b. reflect actual damages suffered c. go beyond compensating the employee where the employer’s conduct is deserving of punishment d. only be granted where the employer has committed an independent actionable wrong 22. In Honda Canada Inc v Keays, the Supreme Court of Canada overturned the Ontario Court of Appeal’s decision. Which of the following reflects one of the Supreme Court’s rulings in that case? a. Keays’ reasonable notice period should be increased because Honda is such a large company b. Keays should not receive an extension to his notice period based on Wallace-type damages c. Keays’ punitive damages award should be reduced to $100,000 because Honda’s conduct was not as serious as the trial judge said it was d. Honda should not have insisted that Keays meet with its own medical doctor

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 14: Student Version

23. In Evans v Teamsters Local Union No 31, Evans was an employee who was fired without just cause. After several months of unsuccessful negotiations over the size of his severance package, the employer told Evans to return to his former position and work out the rest of his reasonable notice period. Evans rejected this offer and sued the employer for wrongful dismissal damages. This case went all the way to the Supreme Court of Canada, which decided that: a. Evans was entitled to punitive damages because of the harsh way in which his employer had treated him during the negotiations b. Evans was entitled to reasonable notice damages of 22 months, based on the Bardal factors c. Evans was not entitled to any wrongful dismissal damages because he had tried to blackmail his former employer into hiring his wife d. Evans was not entitled to any wrongful dismissal damages because he failed to mitigate his losses by returning to the job from which he had been previously terminated to work out his notice period 24. Under the common law, frustration of contract often relates to: a. culpable absenteeism b. innocent absenteeism c. chronic lateness d. off-duty misconduct 25. Before the Honda Canada Inc v Keays decision, a “Wallace-type” extension of the reasonable notice period was given where: a. the dismissed employee was lured away from another job b. the manner of dismissal was unduly harsh or unfair c. the dismissed employee was too old to find another job easily d. the dismissed employee tried to mitigate his or her losses 26. 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? a. the employment contract, the Human Rights Code, and the common law b. the Employment Standards Act/Code, the common law, and the Canadian Charter of Rights and Freedoms c. the employment contract, the Employment Standards Act/Code, and the common law d. the Human Rights Code, the Employment Standards Act/Code, and the common law

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 14: Student Version

27. In Boucher v Wal-Mart Canada Corp, the Ontario Court of Appeal held that: a. the punitive award against Wal-Mart and Boucher’s supervisor should be reduced because the large awards for aggravated damages already contained an element of punishment b. the punitive award against Wal-Mart and Boucher’s supervisor should be increased because their misconduct was especially serious, placing it “at the highest end of the scale” c. the punitive award against Boucher’s supervisor should be eliminated, as it is not fair to make such an award against an individual 28. Relevant factors that may be considered in establishing reasonable notice under the common law do not include the employee’s: a. age b. dependants c. length of service d. character of employment

True or False 1. The maximum amount of working notice of termination (or pay in lieu/CLOS) under employment standards legislation in Alberta or British Columbia is 20 weeks’ pay.

2. Joe’s employment contract states that he may be temporarily laid off for a period of up to 12 months. This provision is void, as an employer cannot effectively “contract out” of employment standards legislation.

3. Under British Columbia’s employment standards legislation, a written notice of termination for both individual and group terminations must set out the reason for the termination.

4. Under Alberta’s employment standards legislation, a mass termination occurs where 30 or more employees are terminated at an employer’s establishment within a six-month period.

5. Under British Columbia’s employment standards legislation, a mass termination occurs where 50 or more employees are terminated at an employer’s establishment within a sixmonth period.

6. Under employment standards legislation, a dismissed employee has a duty to mitigate his or her damages by looking for a comparable job in order to remain eligible for statutory termination notice or CLOS/pay in lieu of notice.

7. George has worked for his small, family-owned employer for 30½ years. Under British Columbia’s ESA, if George is terminated without just cause, he is entitled to only 6 weeks’ compensation for length of service or termination notice.

8. When a contract of employment has been legally frustrated because of an employee’s prolonged disability, the employer is also free from liability under human rights legislation.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 14: Student Version

9. The concept of constructive dismissal is recognized under both the common law and employment standards legislation.

10. There is an unofficial “cap” of 12 months on wrongful dismissal damages for nonsupervisory employees.

11. The termination clause in Elias’ employment contract does not provide him with as much termination notice, or compensation in lieu of notice, as that required by employment standards legislation. If Elias is terminated without just cause, the clause is null and void.

12. A minor geographic relocation, such as moving an office or plant from one part of a city to another part, typically does not constitute constructive dismissal.

13. An employer should not give working notice to an employee who is unable to use the notice period to look for a new job, such as an employee who is on sickness, pregnancy, or parental leave.

14. The single most effective way for an employer to limit its liability when terminating nonunion employees is to negotiate a fair and enforceable termination clause in the employment agreement.

15. There is no right of reinstatement for wrongful dismissal under the common law.

16. According to the Supreme Court of Canada’s decision in Honda, an employer’s insistence on dealing with an employee directly, rather than through an employee’s lawyer, is outrageous behaviour that should result in punitive damages being awarded.

17. It is highly unlikely that a 70-year-old machine operator with 20 years’ service would receive a reasonable notice damages award in excess of 12 months.

18. Employees who allege that they have been constructively dismissed must resign and sue for damages; they cannot remain on the job and sue for damages while still employed with that employer.

19. Moral damages were formerly called Wallace damages.

20. An employee who is dismissed without cause may not accrue and exercise stock options during the reasonable notice period.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 14: Instructor Version

Chapter 14: Dismissal Without Cause Multiple Choice 1. Under Alberta’s ESC, what is the minimum statutory termination notice or pay in lieu of notice required for an employee who has worked for that employer for 4½ years and is permanently laid off at the same time as 50 other employees? a. 4 weeks b. 5 weeks c. 8 weeks d. 12 weeks 2. Under BC’s ESA, how many weeks of working notice or pay does an employer owe an employee who has worked for that employer for 4½ years and is permanently laid off at the same time as 50 other employees? a. 4 weeks b. 5 weeks c. 8 weeks d. 12 weeks 3. Under Alberta’s ESC, to be effective, a notice of termination must: a. be in writing b. only be delivered in person c. specify the reasons for termination 4. The purpose of common law and statutory notice of termination or pay in lieu of notice is to: a. provide the employee with time to find a comparable job while still receiving income b. recognize the employee’s loss of benefits and seniority in the job c. punish the employer for wrongfully dismissing the employee 5. The choice of whether an employee who is terminated without cause will continue working throughout the notice period or receive pay in lieu of notice (or, in BC, compensation for length of service (CLOS)) is made by: a. the dismissed employee b. the Ministry of Labour, Director of Employment Standards c. the employer d. the employer and dismissed employee, jointly

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 14: Instructor Version

6. To qualify for notice, pay in lieu of notice, or CLOS, an employee must have worked for the employer for at least: a. 3 months b. 6 months c. 1 year d. 2 years 7. Under employment standards legislation in Alberta and British Columbia the continuity of service rule means that an employee who continues to work for a new owner of a former employer’s business retains the employee’s length of service. However, in Alberta 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: a. 12 weeks b. 13 weeks c. 26 weeks d. 35 weeks 8. Susan has worked for XYZ Company as a cashier for 9½ years. Two years ago she quit her job with XYZ to work for a competitor, but realized after only two months that she had made a mistake. XYZ Company rehired her. Now, XYZ Company is closing down and Susan will be permanently laid off. Under the Alberta ESC, how much termination notice or pay in lieu of notice does XYZ Company owe Susan? a. 1 week b. 2 weeks c. 4 weeks d. 6 weeks 9. Susan has worked in British Columbia for the XYZ Company as a cashier for 5 years. She then took 8 weeks of unpaid compassionate care leave to take care of her dying grandparent.

She returned to work for another 4 years. Now, the XYZ Company is closing down and Susan will be permanently laid off. Under the British Columbia ESA, how much CLOS (or working notice) does the XYZ Company owe Susan? a. 2 weeks b. 4 weeks c. 6 weeks d. 8 weeks

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 14: Instructor Version

10. Yesterday afternoon, just before he was leaving work for the day, Ivan’s supervisor came up to him and the twenty-seven other workers in his department to give them some bad news.

The employer would be eliminating their department, and they would all be laid off in five to six months’ time. None of the employees in the department has more than five years’ service.

Which of the following is true? a. the supervisor’s comments start the statutory notice period running because the employer has given the employees far more working notice than is required under the employment standards statute b. the statutory notice period will be longer because it is considered a mass layoff c. the statutory notice period has not started running yet because the supervisor did not give the notice in writing 11. Which one of the following is not an exception to the rules requiring working notice or pay in lieu/CLOS for a dismissed employee? a. where an employee is temporarily laid off b. where an employee only works part-time c. where an employee refuses reasonable alternative work d. where the employee is not working due to a strike or lockout at the workplace 12. Sometimes an employer provides a payment to a dismissed employee on a voluntary basis, even though it believes it has just cause. To ensure that this payment cannot be used later in court to argue that the employer effectively admitted lack of just cause, the employer should clearly indicate in writing that the payment is made: a. based on frustration of contract b. as part of a settlement negotiation c. on a without prejudice basis d. on a contra proferentem basis 13. L Corporation was purchased by XYZ Corporation. The employment standards legislation in Alberta and British Columbia indicates that ABC employees who continue their employment with XYZ Corporation: a. are considered to start new employment with XYZ b. retain their rights and length of service as if there had been no sale or transfer c. only retain their length of service if the organization is unionized d. retain their pension

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 14: Instructor Version

14. An employer is not required to pay compensation or give working notice when the employer: a. dismisses the employee as a result of bankruptcy b. constructively dismisses the employee c. lays the employee off because of a business closure d. accepts the resignation of an employee 15. Which of the following is not one of the factors a court will consider in determining reasonable notice under the common law? a. the employee’s age b. the employee’s length of service c. the employer’s size and financial health d. the employee’s position 16. Which of the following factors is not considered by a court in determining whether an employment contract has been frustrated in the case of prolonged employee illness? a. sick pay provisions in the employment contract b. the length of employment c. the age of the employee d. the nature of the illness 17. An employer may require a dismissed employee to sign a release before providing her with: a. statutory termination pay b. payment related to the common-law reasonable notice period c. neither of the above 18. According to Mifsud v MacMillan Bathurst, an employee who has been constructively dismissed has a duty to mitigate by taking the altered job offered by the employer where: a. the salary and working conditions remain the same and the working relationships are not acrimonious b. the employee is in a non-supervisory position c. the employer is relatively large 19. Under the federal Employment Insurance Act, an employer must issue a record of employment within: a. 5 calendar days of the employee’s interruption of earnings b. 7 calendar days of the employee’s interruption of earnings c. 10 calendar days of the employee’s interruption of earnings d. 14 calendar days of the employee’s interruption of earnings

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 14: Instructor Version

20. 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: a. the employer’s failure to mitigate b. constructive dismissal c. condonation d. reformulated Wallace damages 21. 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: a. be given as an extension of the reasonable notice period b. reflect actual damages suffered c. go beyond compensating the employee where the employer’s conduct is deserving of punishment d. only be granted where the employer has committed an independent actionable wrong 22. In Honda Canada Inc v Keays, the Supreme Court of Canada overturned the Ontario Court of Appeal’s decision. Which of the following reflects one of the Supreme Court’s rulings in that case? a. Keays’ reasonable notice period should be increased because Honda is such a large company b. Keays should not receive an extension to his notice period based on Wallace-type damages c. Keays’ punitive damages award should be reduced to $100,000 because Honda’s conduct was not as serious as the trial judge said it was d. Honda should not have insisted that Keays meet with its own medical doctor

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 14: Instructor Version

23. In Evans v Teamsters Local Union No 31, Evans was an employee who was fired without just cause. After several months of unsuccessful negotiations over the size of his severance package, the employer told Evans to return to his former position and work out the rest of his reasonable notice period. Evans rejected this offer and sued the employer for wrongful dismissal damages. This case went all the way to the Supreme Court of Canada, which decided that: a. Evans was entitled to punitive damages because of the harsh way in which his employer had treated him during the negotiations b. Evans was entitled to reasonable notice damages of 22 months, based on the Bardal factors c. Evans was not entitled to any wrongful dismissal damages because he had tried to blackmail his former employer into hiring his wife d. Evans was not entitled to any wrongful dismissal damages because he failed to mitigate his losses by returning to the job from which he had been previously terminated to work out his notice period 24. Under the common law, frustration of contract often relates to: a. culpable absenteeism b. innocent absenteeism c. chronic lateness d. off-duty misconduct 25. Before the Honda Canada Inc v Keays decision, a “Wallace-type” extension of the reasonable notice period was given where: a. the dismissed employee was lured away from another job b. the manner of dismissal was unduly harsh or unfair c. the dismissed employee was too old to find another job easily d. the dismissed employee tried to mitigate his or her losses 26. 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? a. the employment contract, the Human Rights Code, and the common law b. the Employment Standards Act/Code, the common law, and the Canadian Charter of Rights and Freedoms c. the employment contract, the Employment Standards Act/Code, and the common law d. the Human Rights Code, the Employment Standards Act/Code, and the common law

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 14: Instructor Version

27. In Boucher v Wal-Mart Canada Corp, the Ontario Court of Appeal held that: a. the punitive award against Wal-Mart and Boucher’s supervisor should be reduced because the large awards for aggravated damages already contained an element of punishment b. the punitive award against Wal-Mart and Boucher’s supervisor should be increased because their misconduct was especially serious, placing it “at the highest end of the scale” c. the punitive award against Boucher’s supervisor should be eliminated, as it is not fair to make such an award against an individual 28. Relevant factors that may be considered in establishing reasonable notice under the common law do not include the employee’s: a. age b. dependants c. length of service d. character of employment

True or False 1. The maximum amount of working notice of termination (or pay in lieu/CLOS) under employment standards legislation in Alberta or British Columbia is 20 weeks’ pay.

2. Joe’s employment contract states that he may be temporarily laid off for a period of up to 12 months. This provision is void, as an employer cannot effectively “contract out” of employment standards legislation.

3. Under British Columbia’s employment standards legislation, a written notice of termination for both individual and group terminations must set out the reason for the termination.

4. Under Alberta’s employment standards legislation, a mass termination occurs where 30 or more employees are terminated at an employer’s establishment within a six-month period.

5. Under British Columbia’s employment standards legislation, a mass termination occurs where 50 or more employees are terminated at an employer’s establishment within a sixmonth period.

6. Under employment standards legislation, a dismissed employee has a duty to mitigate his or her damages by looking for a comparable job in order to remain eligible for statutory termination notice or CLOS/pay in lieu of notice.

7. George has worked for his small, family-owned employer for 30½ years. Under British Columbia’s ESA, if George is terminated without just cause, he is entitled to only 6 weeks’ compensation for length of service or termination notice.

8. When a contract of employment has been legally frustrated because of an employee’s prolonged disability, the employer is also free from liability under human rights legislation.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 14: Instructor Version

9. The concept of constructive dismissal is recognized under both the common law and employment standards legislation.

10. There is an unofficial “cap” of 12 months on wrongful dismissal damages for nonsupervisory employees.

11. The termination clause in Elias’ employment contract does not provide him with as much termination notice, or compensation in lieu of notice, as that required by employment standards legislation. If Elias is terminated without just cause, the clause is null and void.

12. A minor geographic relocation, such as moving an office or plant from one part of a city to another part, typically does not constitute constructive dismissal.

13. An employer should not give working notice to an employee who is unable to use the notice period to look for a new job, such as an employee who is on sickness, pregnancy, or parental leave.

14. The single most effective way for an employer to limit its liability when terminating nonunion employees is to negotiate a fair and enforceable termination clause in the employment agreement.

15. There is no right of reinstatement for wrongful dismissal under the common law.

16. According to the Supreme Court of Canada’s decision in Honda, an employer’s insistence on dealing with an employee directly, rather than through an employee’s lawyer, is outrageous behaviour that should result in punitive damages being awarded.

17. It is highly unlikely that a 70-year-old machine operator with 20 years’ service would receive a reasonable notice damages award in excess of 12 months.

18. Employees who allege that they have been constructively dismissed must resign and sue for damages; they cannot remain on the job and sue for damages while still employed with that employer.

19. Moral damages were formerly called Wallace damages.

20. An employee who is dismissed without cause may not accrue and exercise stock options during the reasonable notice period.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 14: Instructor Version

Chapter 14: Answer Key Multiple Choice 1. A 2. D [4 weeks of CLOS under s 63, plus 8 weeks of termination pay under s 64: see pages 481 and 484] 3. A 4. A 5. C 6. A 7. A 8. D 9. D 10. C [In British Columbia, the statutory notice is the alternative to CLOS] 11. B 12. C 13. B 14. D 15. C 16. C 17. B 18. A 19. A 20. B 21. B 22. B 23. D 24. B 25. B 26. C 27. A 28. B

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th Edition Test Bank Chapter 14: Instructor Version

True or False 1. False 2. True 3. False 4. False 5. True 6. False 7. False 8. False 9. False 10. False 11. True 12. True 13. True 14. True 15. True 16. False 17. False 18. False 19. True 20. False

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th edition Test Bank Chapter 15: Student Version

Chapters 15: Post-Employment Obligations Multiple Choice 1. Which of the following is, under common law, an implied term of the typical employment contract that survives the end of the relationship and imposes an obligation on the former employee? a. the employee cannot compete directly with their former employer b. the employee cannot use or disclose trade secrets or confidential information obtained as a result of their employment c. the employee cannot solicit business from former customers or approach former coworkers with an offer of employment with their new employer 2. Which of the following statements is not accurate in relation to the post-employment obligations of an employee deemed a fiduciary employee? a. the employee owes a duty not to take a corporate opportunity for their own benefit b. the employee has additional post-employment obligations to the employer, beyond those that apply for general employees c. the restrictions on fiduciary employees remain in force for at least two years d. post-employment obligations of a fiduciary employee apply even without a written restrictive covenant in an employment contract 3. Employees’ agreements to repay the cost of their training if they leave their job before a certain date: a. are unenforceable under any circumstances b. are unenforceable unless the employer derives no benefit from the training c. are unenforceable if the employer even suggests that the commitment is “unlikely to be enforced” d. are usually enforceable 4. Which of the following is not a restrictive covenant? a. confidentiality b. non-solicitation c. non-competition d. reasonable notice

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th edition Test Bank Chapter 15: Student Version

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True or False 1. The common law duty not to disclose confidential or proprietary information obtained as a result of employment applies whether an employee leaves the job voluntarily or through dismissal.

2. The term “fiduciary” is narrowly interpreted by the courts because the obligations that it places on the employee are considerable.

3. The common law duty not to disclose confidential or proprietary information obtained as a result of employment applies to both managerial and non-managerial employees.

4. The obligation of fiduciary employees not to take advantage of corporate opportunities presented because of their former employment does not prevent such employees from accepting a contract offered, without solicitation, by a former client.

5. Peter’s employment contract with an accounting firm has the following restrictive covenant: Upon termination of your employment contract, whether by resignation or by termination by the employer, you shall not open a new accounting firm within the province of Alberta, you shall not solicit any clients of this accounting firm, and you shall not operate as an accountant or bookkeeper within the Province of Alberta, British Columbia or Saskatchewan for the period of 10 years. This restrictive covenant clause should be enforceable if Peter challenges it in a Court upon termination of his employment.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th edition Test Bank Chapter 15: Instructor Version

Chapters 15: Post-Employment Obligations Multiple Choice 1. Which of the following is, under common law, an implied term of the typical employment contract that survives the end of the relationship and imposes an obligation on the former employee? a. the employee cannot compete directly with their former employer b. the employee cannot use or disclose trade secrets or confidential information obtained as a result of their employment c. the employee cannot solicit business from former customers or approach former coworkers with an offer of employment with their new employer 2. Which of the following statements is not accurate in relation to the post-employment obligations of an employee deemed a fiduciary employee? a. the employee owes a duty not to take a corporate opportunity for their own benefit b. the employee has additional post-employment obligations to the employer, beyond those that apply for general employees c. the restrictions on fiduciary employees remain in force for at least two years d. post-employment obligations of a fiduciary employee apply even without a written restrictive covenant in an employment contract 3. Employees’ agreements to repay the cost of their training if they leave their job before a certain date: a. are unenforceable under any circumstances b. are unenforceable unless the employer derives no benefit from the training c. are unenforceable if the employer even suggests that the commitment is “unlikely to be enforced” d. are usually enforceable 4. Which of the following is not a restrictive covenant? a. confidentiality b. non-solicitation c. non-competition d. reasonable notice

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th edition Test Bank Chapter 15: Instructor Version

2

True or False 1. The common law duty not to disclose confidential or proprietary information obtained as a result of employment applies whether an employee leaves the job voluntarily or through dismissal.

2. The term “fiduciary” is narrowly interpreted by the courts because the obligations that it places on the employee are considerable.

3. The common law duty not to disclose confidential or proprietary information obtained as a result of employment applies to both managerial and non-managerial employees.

4. The obligation of fiduciary employees not to take advantage of corporate opportunities presented because of their former employment does not prevent such employees from accepting a contract offered, without solicitation, by a former client.

5. Peter’s employment contract with an accounting firm has the following restrictive covenant: Upon termination of your employment contract, whether by resignation or by termination by the employer, you shall not open a new accounting firm within the province of Alberta, you shall not solicit any clients of this accounting firm, and you shall not operate as an accountant or bookkeeper within the Province of Alberta, British Columbia or Saskatchewan for the period of 10 years. This restrictive covenant clause should be enforceable if Peter challenges it in a Court upon termination of his employment.

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Employment Law for Business and Human Resources Professionals: Alberta and BC, 4th edition Test Bank Chapter 15: Instructor Version

Chapters 15: Answer Key Multiple Choice 1. B 2. C 3. C 4. D True or False 1. True 2. True 3. True 4. False 5. False

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