Employment Law for HR Professionals

Questions and Answers

What type of decisions do administrative tribunals primarily make?

Corporate mergers

Criminal law decisions

Specialized area decisions like employment standards (correct)

Civil lawsuits

What might an individual be considered for tax purposes if classified as an independent contractor?

An agent

A subcontractor

An employer

An employee for wrongful dismissal (correct)

Which legislative act will introduce protections for gig workers performing digital platform work?

The Fair Labor Standards Act

The Digital Platform Workers’ Rights Act, 2022 (correct)

The Worker Protection Act

The Employment Standards Act

What do provincial and territorial human rights statutes in Canada apply to?

Actions of individuals and corporations Signup and view all the answers

What does the Meiorin three-part test assess?

Bona fide occupational requirements or bona fide occupational qualifications Signup and view all the answers

What criterion must be met regarding the adopted rule in the Meiorin test?

It must satisfy a legitimate business purpose Signup and view all the answers

Which of the following is a characteristic of discrimination as understood in modern legislation?

It has expanded beyond intentional acts Signup and view all the answers

What is the role of an agent in the context of employment law?

To represent a principal in dealings with a third party Signup and view all the answers

What are the three basic elements necessary to create a contract?

Offer, acceptance, and consideration Signup and view all the answers

Which of the following is NOT an advantage of a written employment contract?

Provides complete job security Signup and view all the answers

Which of the following terms is typically included in a written employment contract?

Remuneration Signup and view all the answers

What is the purpose of the 'Severability Clause' in a contract?

To maintain the validity of the remaining provisions Signup and view all the answers

Which of the following contractual terms relates specifically to how an employment relationship can be ended?

Termination Signup and view all the answers

What must employers prove to demonstrate undue hardship?

On a balance of probabilities Signup and view all the answers

Which practice is recommended for advertising job positions?

Best practice is to broadly advertise positions Signup and view all the answers

What type of questions are prohibited on job applications?

Questions that classify candidates by prohibited grounds Signup and view all the answers

When can an employer ask about a candidate's protected class status?

After a conditional offer of employment has been made Signup and view all the answers

What should occur after a conditional offer of employment regarding medical exams?

They should take place only afterward Signup and view all the answers

How are substance dependencies treated in the context of employment?

They are considered forms of disability Signup and view all the answers

What type of testing is acceptable for candidates?

Tests that measure job-related skills Signup and view all the answers

Employers should be prepared to accommodate candidates who test positive for what?

Substance dependencies Signup and view all the answers

Which of the following is a duty of employment agencies?

To comply with all human rights requirements Signup and view all the answers

What is a major concern with screening candidates based on overqualification?

It should not automatically disqualify candidates Signup and view all the answers

What may entitle an employee to a larger award for wrongful dismissal damages?

Showing inducement before dismissal Signup and view all the answers

What should employers be honest about in job offers?

The job and future prospects Signup and view all the answers

Which of the following is prohibited under the 2021 amendments to the Employment Standards Act?

Non-competition clauses for part-time employees Signup and view all the answers

What is an anticipatory breach of contract?

When an employer repudiates the contract after the offer is accepted Signup and view all the answers

What must an employee show to succeed in a claim for anticipatory breach of contract?

The contract was accepted and then repudiated Signup and view all the answers

What can negligent hiring expose the employer to?

Liability for foreseeable harm to third parties Signup and view all the answers

What must an employment contract include to protect against misunderstandings?

A notice period for termination Signup and view all the answers

Which of the following actions should employers avoid when inducing candidates?

Tying incentives to leaving current employment Signup and view all the answers

What is a restrictive covenant?

An agreement that restricts post-employment activities Signup and view all the answers

What could result from failing to verify candidate information during hiring?

Potential liability for negligent hiring Signup and view all the answers

What requirement must employers fulfill when hiring for positions that require specific degrees?

Verify degrees directly with accredited colleges. Signup and view all the answers

Under what act must employers comply when conducting credit checks on applicants in Ontario?

Consumer Reporting Act Signup and view all the answers

What type of check is recommended when hiring for positions involving work with vulnerable persons?

Police records check Signup and view all the answers

When should most types of background checks be conducted to protect employers from liability?

After a conditional offer of employment. Signup and view all the answers

Which type of employee is generally not entitled to termination notice under Ontario's employment statutes?

Temporary employees Signup and view all the answers

What must an employee have worked to be eligible for benefits under the Employment Insurance (EI) system?

A number of qualifying hours in insurable employment. Signup and view all the answers

Why should internet and social media searches be used with caution during the hiring process?

They can reveal inaccurate or prohibited grounds of discrimination. Signup and view all the answers

Which type of employment relationship is considered casual?

Inconsistent or irregular work hours Signup and view all the answers

What should employers obtain from candidates before conducting police records checks?

Informed consent Signup and view all the answers

Which of the following is NOT a type of employee relationship mentioned?

Contractual full-time employees Signup and view all the answers

Administrative tribunals make decisions in specialized areas such as employment standards.

True Signup and view all the answers

An individual classified as an independent contractor is always considered an employee in wrongful dismissal actions.

False Signup and view all the answers

The Digital Platform Workers’ Rights Act, 2022 provides protections for gig workers.

True Signup and view all the answers

Provincial and territorial human rights statutes only apply to government actions in Canada.

False Signup and view all the answers

The Meiorin test consists of a two-part analysis to determine BFOR or BFOQ.

False Signup and view all the answers

Statute law refers to laws passed only by the federal government.

False Signup and view all the answers

An agent represents the principal in dealings with a third party.

True Signup and view all the answers

Discrimination in employment law initially covered only intentional acts.

True Signup and view all the answers

An employer's duty to investigate is stronger when a job poses a higher risk of harm to others.

True Signup and view all the answers

Most employee rights in employment statutes apply equally to unionized and non-unionized employees.

True Signup and view all the answers

Administrative agencies are not allowed to investigate complaints.

False Signup and view all the answers

Employers in Ontario are permitted to conduct credit checks on applicants without any restrictions.

False Signup and view all the answers

A bill becomes a statute only after obtaining the governor's approval.

False Signup and view all the answers

Undue hardship for an employer must be proven to demonstrate failure to accommodate.

True Signup and view all the answers

Private members’ bills can only address private matters, not public concerns.

False Signup and view all the answers

Candidates must give informed consent before police records checks are conducted.

True Signup and view all the answers

Temporary employees in Ontario are generally entitled to termination notice or pay in lieu of notice.

False Signup and view all the answers

The term 'bona fide occupational requirement' is irrelevant in employment law.

False Signup and view all the answers

Regulations are rules made under the authority of a statute.

True Signup and view all the answers

Internet and social media searches can sometimes reveal accurate information about candidates.

False Signup and view all the answers

The Occupational Health and Safety Act is not considered a key employment statute in Ontario.

False Signup and view all the answers

Minimum standards for working conditions are historically set out in regulations.

False Signup and view all the answers

The Human Rights Code does not impact employment relationships.

False Signup and view all the answers

The Alberta Human Rights Code applies to both private and public sectors.

True Signup and view all the answers

Intent to discriminate is necessary for the Alberta Human Rights Code to apply.

False Signup and view all the answers

Employers can choose to opt out of the Alberta Human Rights Code.

False Signup and view all the answers

The Alberta Human Rights Code provides criminal penalties for violations.

False Signup and view all the answers

Discrimination is not allowed during any stage of the employment relationship, including recruitment.

True Signup and view all the answers

The Alberta Human Rights Code allows for discrimination under specific exemptions.

True Signup and view all the answers

The effect of a discriminatory action is less important than the intent behind it according to the Alberta Human Rights Code.

False Signup and view all the answers

Special Service Organizations may have exemptions from the Alberta Human Rights Code.

True Signup and view all the answers

The Alberta Human Rights Code prohibits only sexual harassment.

False Signup and view all the answers

Discrimination based on association is one of the additional grounds recognized by the Alberta Human Rights Code.

True Signup and view all the answers

An employee is entitled to a larger award for wrongful dismissal damages if there was inducement involved.

True Signup and view all the answers

Employers are prohibited from including probationary clauses in employment contracts.

False Signup and view all the answers

Non-competition clauses are fully prohibited under the Employment Standards Act.

False Signup and view all the answers

Anticipatory breach of contract occurs only after employment begins.

False Signup and view all the answers

Employers are liable for negligent hiring if they fail to verify candidate information.

True Signup and view all the answers

All restrictive covenants are acceptable regardless of the circumstances.

False Signup and view all the answers

An anticipatory breach requires proof of damages suffered by the employee.

True Signup and view all the answers

Employers should be vague about job prospects when making an offer.

False Signup and view all the answers

A signing bonus can be used to induce a candidate to leave another job.

False Signup and view all the answers

Background checks should be conducted after employment begins to avoid liability.

False Signup and view all the answers

Study Notes

Judicial Framework

Administrative tribunals focus on specialized areas, including employment standards and discrimination.
Administrative agencies have the authority to investigate complaints and issue rulings.

Defining the Employment Relationship

Distinction exists where an individual may be viewed as an independent contractor for tax but as an employee for wrongful dismissal claims.
The Digital Platform Workers’ Rights Act, 2022 aims to protect gig workers engaged in digital platform work.
An agent represents a principal in transactions with third parties.

Human Rights Statutes

Provincial and territorial human rights statutes apply to both individuals and corporations, banning discrimination in key areas.
Definitions of discrimination have expanded beyond intentional acts.

Meiorin Test for BFOR/BFOQ

A three-part test is utilized to determine the legitimacy of a workplace requirement:
- Connection between the requirement and job performance.
- Adoption based on an honest belief in its necessity for legitimate business purposes.
- Reasonable necessity of the requirement to achieve that purpose, with undue hardship on the employer being the ultimate limit.

Recruitment, Selection, and Hiring

Employment agencies must adhere to human rights standards.
Best practices include broad advertising to avoid perpetuating the status quo.
Job advertisements must avoid discouraging members of protected groups.
Application questions must not classify candidates by prohibited grounds.
Background information requests should occur post-conditional offer to protect applicants' rights.

Areas of Common Law Liability

Inducement in hiring may result in larger wrongful dismissal awards if dismissed after acceptance.
Honesty in job description and addressing notice periods in contracts is crucial.
Restrictive covenants limit former employees from competing or contacting customers, with recent regulations limiting non-competition clauses.
Anticipatory breach occurs when employment contracts are repudiated after acceptance but before starting.
Negligent hiring exposes employers to liability if they fail to verify candidate information.

Background Checking

Employers must conduct thorough background checks when the role poses risks, including verifying degrees and police records.
Candidates must consent to police checks, and social media searches must be cautiously approached due to potential inaccuracies.

Types of Employment Relationships

Employees can be classified as full-time, part-time, temporary, casual, agency/temps, or temporary foreign workers.
Ontario employment statutes generally do not differentiate between employee types, although temporary employees may lack notice rights.

Employment Contracts

Essential elements of a contract: offer, acceptance, and consideration; oral agreements can also be binding.
Written contracts yield benefits such as reduced misunderstandings and addressing issues pre-emptively.
Contracts should be tailored to individual roles, avoiding a one-size-fits-all approach.

Common Contractual Terms

A comprehensive employment contract includes details on job description, remuneration, term, and termination clauses.
Additional terms cover resignation notice, probationary periods, relocation, remote work, and benefits.
Specific clauses can address restrictive covenants, intellectual property ownership, governing law, and severability.

Key Considerations in Contracts

Properly drafted contracts can minimize liability and clearly outline expectations.
Incorporating clauses regarding inducement, corporate policies, and the entire agreement protects both parties.

Sources of Employment Law

Statute law includes legislation passed by federal and provincial/territorial governments, crucial for employee rights.
Employment statutes establish minimum workplace standards, impacting both unionized and non-unionized employees.
Anti-discrimination laws also play a significant role in defining the employment relationship.

Creation of Statutes

A bill evolves into a statute after three readings in the legislative assembly.
Public bills, introduced by Cabinet ministers, are generally applicable, while private members’ bills address specific matters.
Royal Assent marks the formal transition of a bill into a statute.

Regulations

Regulations under statutes provide detailed rules and standards, such as wage specifications in the Employment Standards Act, 2000.

Key Ontario Employment Statutes

Notable legislation includes:
- Employment Standards Act, 2000
- Human Rights Code
- Labour Relations Act, 1995
- Occupational Health and Safety Act
- Workplace Safety and Insurance Act, 1997
- Pay Equity Act
- Accessibility for Ontarians with Disabilities Act, 2005

Judicial Framework and Administrative System

Administrative tribunals address decisions in specialized areas, including employment standards and discrimination.
Agencies may investigate complaints and issue rulings in related matters.

Defining the Employment Relationship

An independent contractor may be classified as an employee for wrongful dismissal claims.
The Digital Platform Workers’ Rights Act, 2022 will provide protections for gig workers in digital platforms.
Agents represent principals in third-party dealings, influencing contractual and legal contexts.

Human Rights Legislation

Provincial human rights statutes prohibit discrimination in social areas, requiring compliance from individuals and corporations.
The Meiorin three-part test evaluates the legitimacy of employment requirements based on job performance necessity.

Alberta's Human Rights Code

Prohibits employment discrimination on 16 grounds and includes sexual harassment as a prohibited act.
The Code cannot be overridden by contractual agreements and prevails over conflicting statutes.
Applies to all employment relationship stages, including recruitment.

Exemptions in Human Rights Codes

Allows discrimination under specific circumstances, including:
- Special Service Organizations
- Bona Fide Occupational Qualifications (BFOQ/BFOR)
- Situations causing undue hardship for the employer
- Affirmative Action programs

Recruitment, Selection, and Hiring

Discrimination against job applicants is prohibited, even if only one factor contributes to a decision.
Inducements can increase wrongful dismissal claims if employees are misled during hiring.

Common Law Liability Areas

Honest job descriptions and clear termination notices are critical to avoid legal issues.
Restrictive covenants may limit competition and solicitation of clients/employees; revised laws restrict non-competition clauses.
Anticipatory breach occurs if an employer repudiates an accepted offer before employment commencement.

Background Checking and Negligent Hiring

Employers may face liability for failing to verify candidate information that could foreseeably harm others.
Background checks should be conducted following a conditional job offer to reduce liability risks.
Police record checks require informed consent from candidates, with care taken to avoid discrimination during the process.

Employment Relationship Types

Employees can be full-time, part-time, temporary, casual, agency/temporary workers, or foreign workers.
Employment statutes generally do not differentiate based on employment type, except for temporary employees, who lack notice rights upon termination.
Eligibility for Employment Insurance requires a certain number of work hours in insurable employment.

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Description

This quiz covers the judicial framework and administrative systems related to employment law, specifically focusing on the decisions made by administrative tribunals. It explores the role of administrative agencies in investigating complaints and making rulings in areas such as employment standards and discrimination.