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Employment and Labour Relations Law Quiz - Employment and Labour Relations Law
Employment Law Section:
1. An employer who wishes to lawfully terminate an employee:
(a) Can only terminate an employee's employment if there is just cause to support the termination.
(b) Can terminate without just cause if notice of termination or a payment in lieu of notice of termination is provided.
(c) Can terminate without notice or without any payment in lieu of notice if the employee's position becomes redundant.
2. Newly hired employees:
(a) Are automatically subject to a three month probationary period which entitles their employer to terminate employment without notice and without any payments whatsoever.
(b) Can be subject to a three month probationary period that is established by their employer prior to their date of hire, which entitles the employer to terminate employment without notice and without making any payments.
(c) Cannot be subject to a probationary period which allows their employer to terminate their employment without notice and without any payment in lieu of notice.
3. Employees can be terminated without any notice or payment for just cause. Just cause includes:
(a) Lack of work.
(b) A corporate reorganization due to a merger or amalgamation causing redundancy.
4. Employees who wish to resign from their position of employment with their employer in order to accept another employment position:
(a) Must give their current employer two weeks notice.
(b) Can leave their employment at any time without any notice if the position is no longer challenging.
(c) Must give their employer reasonable notice.
(d) Only employers are required to give notice of termination.
5. People who agree to be an independent consultant or contractor to a "client" are entitled to:
(a) No notice of termination from their "client".
(b) Notice of termination (or a payment in lieu of notice), if they are dependent on the "client" for most of their revenue.
(c) Entitlements depend upon the specific facts of each case.
6. In an application for employment, an employer can require the applicant to disclose the following information:
(a) Date of birth.
(b) A Social Insurance Number.
(c) Names of other employers that the applicant has worked for.
(d) Information relating to time spent in jail.
7.Employers can require employees to undergo a lie detector test:
(a) In the context of a reasonable investigation into a fraud or theft.
(b) On the request of the police or other government agency.
(c) As a condition of being offered employment.
(d) Where an employment agreement or collective agreement with a union permits the test.
(e) In Ontario, employers cannot require employees under any circumstances to undergo the test.
Labour Relations Law Section:
8. Employers who learn of a union organizational drive may legally:
(a) Terminate the employees who are assisting the union provided that they are given notice of termination or a payment in lieu of notice of termination.
(b) Call a meeting of employees and advise them that unionization may result in employee lay-offs or a closure of the business.
(c) Hire professional undercover investigators in order to identify the union's strategy to organize the employer's employees.
(d) Require employees to enter into an employment agreement in which they specifically agree that they will not join or support a trade union as a condition of continued employment.
(e) Communicate with employees and express their views as long as they don't say anything which could be considered to be intimidating, coercive or threatening.
9. Once a trade union obtains the right to represent a group of employees of an employer:
(a) The employer is still free to negotiate the wages and benefits with each employee.
(b) The employer must recognize the union as the employees' exclusive bargaining agent and must only negotiate employees' terms of employment with the union.
(c) The employer can simply shut down its operations and open its business under a new corporate name.
(d) The employer can simply assist employees in forming a new association of their own so that they no longer require the assistance of the union.
10.After a trade union has entered into a collective agreement with an employer:
(a) Employees cannot strike and the employer cannot lock out employees during the entire term of the collective agreement under any circumstances.
(b) The employees cannot strike but can refuse to work overtime assignments or slow down their production when they feel that their employer is not responsive to their grievances.
(c) The employees are free to strike at any time, as they have a democratic right to withdraw their services provided that they can prove that they have a legitimate reason to do so.
(d) The employer can lock out employees in order to persuade the union to grant concessions to the employer when economic times warrant such concessions.
11. Once a lawful strike has been commenced by a trade union in the Province of Ontario:
(a) The employer cannot replace striking employees under any circumstances.
(b) A striking employee may apply for reinstatement to work during the strike on terms mutually agreed upon between that employee and the employer.
(c) The employer can simply terminate the employment of all striking employees and permanently hire new employees to replace them.
12. Where a trade union representing a group of employees requires their employer to deduct union dues from wages:
(a) The employer can take the position that only union members have to pay union dues.
(b) The employer can advise the union that it is the union's responsibility to collect union dues.
(c) The collective agreement must include a term which requires the employer to deduct union dues from all employees regardless of whether or not they are union members.
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This solution provides the best answer and an explanation for the multiple choice review quiz related to aspects of Employment and Labour Relations Law.
The answers are based on Ontario law.
1) Answer: (B)
Explanation: Employers can terminate employment without notice and without a payment in lieu of notice if they can establish just cause. In the absence of just cause, an employer can still terminate an employee by providing reasonable notice (or the amount of notice set out in an employment agreement), or a payment in lieu of notice. Just cause does not include "redundancy".
2) Answer: (B)
Explanation: Employers can contractually establish a period of probation which entitles them to terminate an employee without notice or payments in lieu of such notice at any time during the probation period. If the probation period is longer than three months, the employee may be entitled to minimum notices under minimum Employment Standards legislation. Probation periods are not automatically created and should be specifically referred to in a contract or personnel policy manual.
3) Answer: (D)
Explanation: Redundancy, lack of work and legitimate illness do not constitute forms of just cause for dismissal. Theft, together with other forms of dishonesty that can be proven are more likely to be considered as a form of just cause which would warrant summary termination of employment.
4) Answer: (C)
Explanation: The obligation to give notice of termination is a reciprocal one. Employees are required to give their employer either reasonable notice of resignation or the amount of notice set out in a written employment agreement or personnel policy manual. The purpose of notice is to allow the employer time within which to hire and train a replacement. An employee who quits without ...
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