Question 1

An employee acting in the course of her assigned duties who causes injury to a third party is vicariously liable for damages.

Accepted Answer

The employer, not the employee, is typically vicariously liable for damages caused by an employee acting within the scope of their employment.

Question 2

Chloe lives in Quebec.Her employer recently asked her to work on Canada Day.If she takes the shift, she is entitled to additional pay.

Accepted Answer

In Canada, employees who work on statutory holidays like Canada Day are entitled to either paid time off or additional pay. Therefore, if Chloe takes the shift on Canada Day, she is entitled to additional pay.

Question 3

Employees (as opposed to independent contractors) are always entitled to reasonable notice or money in lieu regardless of the circumstances of their dismissal.

Accepted Answer

While employees are generally entitled to reasonable notice or money in lieu of notice upon dismissal, there are certain circumstances where they may not be entitled to this, such as cases of just cause for termination.

Question 4

Mr Plumber regularly carries out services for Big Irv's Plumbing supplies.Which of the following factors will the court consider when seeking to determine whether Mr Plumber is an employee or independent contractor of Big Irv's Plumbing?

Accepted Answer

One of the key factors in determining whether someone is an employee or independent contractor is whether they provide their own tools or equipment. If Mr Plumber owns his own tools, this would suggest that he is an independent contractor rather than an employee. The other factors mentioned (prior work experience, Big Irv's annual profit, length of relationship, and family relationship) are generally not relevant to the determination of employee status.

Question 5

Which of the following items may be required in an employment application without offending human rights legislation concerned with employment standard?

Accepted Answer

Asking if someone is legally entitled to work in Canada is a legitimate question for an employment application and is not discriminatory.

Answer: A) 
 Requesting an emergency contact and the relationship to the applicant is legally acceptable and necessary for the employer to have in case of an emergency.

Answer: E) 
 Asking about clubs someone belongs to is not discriminatory but it is also not relevant to the job position, and may not be necessary for an employment application.

Therefore, the best choices are B and A.

Question 6

A job description is a human resources document with no legal implications.

Accepted Answer

A job description can have legal implications in terms of setting the standards and expectations for a particular job, as well as being used as evidence in legal disputes related to employment.

Question 7

Which of the following best highlights the distinction between employees and independent contractors?

Accepted Answer

The distinction between employees and independent contractors often hinges on the level of control the entity has over the work being done. One factor that indicates an employee relationship is the degree of loyalty owed by the worker to the entity they work for. Independent contractors, on the other hand, are typically viewed as having more autonomy and less of an ongoing relationship with the entity that hires them.

(Note: B, C, D, and E are not accurate distinctions between employees and independent contractors.)

Question 8

Big Brother Inc has instituted a new email policy for the workplace.In addition to outlawing the viewing of pornography and the dissemination of defamatory material, the policy also states that all email, both personal and otherwise, will be monitored by the corporation.In some provinces, this entire policy would be void since employee monitoring violates the human rights or privacy rights of the employees.

Accepted Answer

The statement is incorrect. While employee monitoring may be a contentious issue, it is not universally considered a violation of human or privacy rights. It ultimately depends on the laws and regulations of the specific province or country in question.

Question 9

Tomaj is fired by his employer without reasonable notice and without cause.He is likely entitled to a severance package.

Accepted Answer

If Tomaj is fired without reasonable notice and without cause, he is entitled to a severance package according to most employment laws. The specific amount of severance will depend on factors such as length of service, position, and salary.

Question 10

Sonya is contracted to work for Diamond Dave's Deliver-All.While delivering mini-donuts, Sonya inadvertently runs into the back of a parked car and smashes the bumper and back windshield.Luckily no one is hurt.Still, the owner of the car has decided to sue Diamond Dave to collect for the damages done to the car.Under which of the following circumstances will the owner succeed?

Accepted Answer

The owner will succeed if they can prove that Sonya is an employee and not an independent contractor, as employers are vicariously liable for the actions of their employees performed within the scope of their employment.

Question 11

The purpose of human rights legislation is remedial rather than punitive in nature.

Accepted Answer

Human rights legislation aims to provide remedies and protections for individuals whose rights have been violated, rather than punishing those who have violated those rights.

Question 12

Since positive reviews increase employee morale and are more pleasant to conduct, employers and managers should always give a positive review when appraising an employee's work habits.

Accepted Answer

While positive reviews can have a positive impact on employee morale, it is important for employers and managers to provide honest and constructive feedback in performance appraisals. Focusing only on the positive can lead to ignoring areas where improvement is needed, which can ultimately harm the employee's professional development and the success of the organization. A balanced approach that acknowledges both strengths and areas for growth is essential for effective performance management.

Question 13

Statements made by both parties during hiring can have an effect on the employment contract.

Accepted Answer

Statements made by both parties during hiring can clarify and define the terms of the employment contract, establish expectations and obligations, and affect the overall relationship between the employer and employee. In some cases, such statements may even become part of the legally binding employment agreement.

Question 14

Which of the following entitlements are employees but not independent contractors provided for by statute?

Accepted Answer

The answer of Which of the following entitlements are employees...

Question 15

Jerry is a 21-year-old waiter in Ontario.He is entitled to the same minimum wage as he would be if he lived in Quebec.

Accepted Answer

Ontario and Quebec have their own provincial minimum wage rates, which can differ from one another.

Question 16

An employer found by a court to owe its employee money in lieu of notice will never owe more than the amounts set out in employment standards legislation.

Accepted Answer

While employment standards legislation sets out minimum requirements for notice or pay in lieu of notice, a court may award additional damages if it determines that an employer acted in bad faith, breached the employment contract or discriminated against the employee. Therefore, an employer found by a court to owe its employee money in lieu of notice could potentially owe more than the amounts set out in employment standards legislation.

Question 17

Advertising a job position creates risks even though is no employment relationship exists at that time.

Accepted Answer

Advertising a job position can create risks such as potential discrimination claims, false advertising claims, and breach of confidentiality if sensitive information about the company or current employees is included in the job posting. Therefore, even though no employment relationship exists at that time, there are still risks involved in advertising a job position.

Question 18

A promotion entails new duties and not necessarily an increase in pay.

Accepted Answer

A promotion may involve a higher position with more responsibilities and tasks, but it does not always guarantee a raise in salary. Sometimes, organizations offer promotions as added incentives for their employees to work harder and achieve their goals. However, there are also situations where the promotion comes with a salary increase, so it depends on the company's policy and the employee's performance.

Question 19

Ji has failed to live up to his employer's expectations.The employer tells Ji that she has to learn to perform as well as Shawna.Ji responds by saying that she completes assigned tasks carefully and thoroughly but at her own pace.Nevertheless, since the employer can show that another employee can do a better job, she is justified in dismissing Ji.

Accepted Answer

Employers must consider various factors before dismissing an employee, including performance expectations, feedback, and improvement opportunities. Comparing employees directly without considering individual differences and without providing adequate support or training for improvement does not automatically justify dismissal.

Question 20

All workers even independent contractors are entitled to certain minimum employment standards.

Accepted Answer

Independent contractors are not entitled to certain minimum employment standards such as minimum wage, overtime pay, and benefits that are typically afforded to employees, because they are considered to be in business for themselves.

Quiz 25: Individual Employment