Employment Law Quiz on Dismissal and Benefits

Compensation for wages lost on the day of an injury, paid by the employer.

Reimbursement for medical expenses related to an injury.

Partial lost wages for a temporary period after an injury.

Lifetime payment equivalent to a full-time wage, for permanent disability.

Full wage payment for temporary disability, until recovery.

Retraining to regain job skills after an injury or health issue, financed by the WCB.

Financial support for survivors of a worker who died from a work-related injury, based on deceased's earnings and dependents.

Policies that require employees to retire at a specific age.

A legitimate reason for mandatory retirement that demonstrates a direct relationship to job performance.

A formal complaint alleging age-based unfair treatment by an employer.

A program offering benefits to encourage employees to retire early.

Keeping detailed records of reasons for termination, especially for older employees.

Interviews with departing employees to gather feedback and identify potential issues.

Employees with special expertise or critical roles in an organization.

Termination of employment without a specific reason, provided certain conditions are met.

Gathering insights to fix company issues before they lead to external complaints (e.g., legal claims).

Relevant factor in employment considerations. Factors in severance packages, notice periods and considerations for termination.

Job title and level of responsibility influence termination policies and required notice periods.

Time spent with the company, impacting severance and notice period eligibility.

Salary and benefits, influencing severance packages and compensation settlements.

Whether comparable positions exist considering experience, training, and qualifications.

A notice period given to employees when being terminated where they are actively employed for the notice period prior to leaving versus a lump sum payment upon termination.

A minimum notice period required by Alberta for terminating 50 or more employees within 4 weeks.

A minimum, longer notice period required by BC for terminating 50 or more employees within two months.

Specific situations allowing employers to bypass typical notice periods (e.g., probationary employees or just cause).

Methods for creating a final compensation package for employees being terminated, which might include lump-sum payments, salary continuation, or benefit continuation.

Terminating an employee for a serious breach of contract, like theft or assault, that justifies immediate dismissal without notice.

Minor misconduct or incompetence that doesn't justify immediate dismissal but can still lead to a shorter notice/pay period than typical.

Dismissal without cause during the initial trial period of employment, often with reduced notice.

An employer cannot fire someone for exercising their legal rights, like human rights, employment standards, or health & safety.

An employee cannot be dismissed for engaging in union-related activities, protected under the Labour Relations Act.

A serious breach of contract by an employee that justifies termination without notice or pay.

Misconduct or incompetence that is not serious enough for just cause dismissal, but may warrant a shorter notice period.

The punishment for misconduct must be appropriate to the severity of the offense.

Following fair processes during investigation and disciplinary action, such as impartiality, opportunity to respond, and prompt investigation.

Distinguishing between intentional misconduct and unintentional mistakes.

Consideration of factors like job role, service length, performance, and past misconduct when evaluating an offense.

Factors that may lessen the severity of an offense, such as personal hardship or unforeseen events.

Assessing the employee's reaction to the allegations and their willingness to take responsibility.

Lying, stealing, or other acts of deception that can be grounds for just cause dismissal.

Refusal to follow direct orders or disrespecting authority.

Behavior that is intentionally reckless or harmful, leading to an injury that is likely not covered by WCB.

A disability that develops over time due to repeated exposure to workplace hazards.

A health condition that existed before a work injury, which can impact the determination of WCB benefits.

A clear link between a worker's job or work conditions and a recognized disease.

To be eligible, mental health issues must be primarily caused by excessive or unusual work-related events.

The worker typically needs to prove their disability is work-related.

Certain diseases listed by the WCB are presumed to be work-related if a worker contracts them.

Employers pay the full cost of workers' compensation through premiums. They cannot recover any part of the premiums from workers.

Employers are classified based on their industry and potential hazards, which determines their base insurance rate. This rate influences the premium amount.

Certificate of Recognition (COR) is an award given to employers who excel in occupational health and safety practices.

Establish clear procedures for investigating injuries. This ensures proper documentation and timely action.

Documentation helps track the frequency and severity of injuries, allowing employers to identify potential hazards and implement preventive measures.

Only challenge claims that are truly doubtful, but protest them from the outset.

A worker, dependent, or employer can appeal a decision within a specific time limit (usually 90 days). Independent appeals commissions review these decisions.

Employers should avoid contacting an injured employee's physician, as it can violate privacy and confidentiality.

Return-to-work plans help employees gradually return to their jobs after an injury, promoting healing and minimizing lost productivity.

PIPA stands for Personal Information Protection Act, a law in British Columbia and Alberta that protects personal information used by provincially regulated organizations.

PIPA applies to various organizations in BC and Alberta, including non-profits, trade unions, private schools, corporations, and individuals acting in a commercial capacity.

PIPA governs the collection, use, and disclosure of personal information by private sector organizations, ensuring individuals' rights to privacy and organizations' ability to use information for legitimate purposes.

Individuals can request access to their personal information, including employee information, and can request corrections if it's inaccurate.

PIPA also includes workplace rules regarding employee personal information, ensuring their privacy is protected.

This law allows individuals to access government records, including information about themselves. It balances the right to access information with the need to protect privacy.

The Freedom of Information Act protects individual privacy by ensuring that personal information is not unnecessarily disclosed.

Under the Freedom of Information Act, you can request to see government records, including personal information about yourself.

The Act allows you to request that your personal information held in government files be corrected. However, this is not an absolute right and can be denied.

Individuals can complain to the Information and Privacy Commissioner if they believe their personal information has been misused in violation of the Act.

The Personal Information Protection and Electronic Document Act (PIPEDA) aims to protect personal information held by organizations in the private sector.

PIPEDA governs personal information collected, used, disclosed, and retained by organizations in federally regulated industries.

Provinces like Alberta and BC have their own privacy laws, similar to PIPEDA, to protect personal information in provincially regulated industries.

In 2013, the Supreme Court ruled that Alberta’s PIPA was invalid, prompting the province to revise its privacy legislation.

Alberta's PIPA is currently undergoing a comprehensive review to ensure it effectively protects personal information.

Organizations must report security breaches that pose a significant risk of harm to individuals, including keeping records of the breach.

PIPEDA now includes a wider range of information considered personal, including data about applicants for jobs.

The organization collecting personal information must establish and maintain policies and procedures to ensure compliance with the privacy principles.

Organizations must clearly state the purpose for collecting personal information and use it only for that purpose.

Individuals must give their consent before their personal information is collected, with some exceptions.

Organizations must only gather a limited amount of personal information, only what is necessary for the stated purpose.

Organizations can only use, disclose, and retain personal information within the stated purpose and for a reasonable time.

Privacy policies and procedures should be made available to individuals and supervisors should be familiar with them.

Organizations must provide individuals with access to their personal information, correct errors, and challenge the accuracy

PIPEDA applies to organizations in federally regulated industries, covering how they collect, use, disclose, and store personal information of employees, customers, etc.

PIPA stands for Personal Information Protection Act and is a law in British Columbia and Alberta meant to safeguard private information used by provincially regulated organizations.

Including non-profits, trade unions, private schools, corporations, and individuals engaged in commercial activities, PIPA impacts a wide range of organizations in BC and Alberta.

PIPA governs how private organizations handle, use, and share personal information, balancing individuals' right to privacy and organizations' need to use data for legitimate purposes.

PIPA empowers individuals to request access to their personal information (including employee records) and to request corrections if they find inaccuracies.

PIPA includes rules for protecting employee personal information, ensuring privacy within the workplace.

A no-fault insurance scheme covering work-related injuries or diseases, where employers pay premiums to compensate injured workers and avoid lawsuits.

Workers receive compensation for injuries, and employers are protected from lawsuits, in exchange for employers paying premiums.

WC benefits are funded exclusively by employer premiums, and workers cannot contribute.

A core focus of WC legislation is helping injured workers return to their jobs quickly and safely.

WC boards, like WorkSafeBC and WCB Alberta, are responsible for managing the system.

Individuals can file a complaint with the commissioner if they believe their privacy has been violated, like unauthorized monitoring or disclosure of personal information.

A designated individual within an organization responsible for overseeing and implementing privacy policies and procedures.

Employers must formally acknowledge and accept an employee's resignation in writing.

A resignation must be freely chosen by the employee, not coerced or influenced by the employer.

Common law usually requires reasonable notice of resignation, though a statutory requirement may exist in some cases.

If a worker is injured on the job, workers' compensation will cover 100% of their physiotherapy and treatment costs.

WCB provides compensation for lost earnings based on 90% of the worker's pre-injury net earnings, starting from the first working day after the injury.

If a worker returns to work on modified duties after an injury, WCB will pay benefits to make up for the difference between their pre-injury earnings and their reduced salary.

Both employers and employees have a responsibility to cooperate with the WCB to facilitate the worker's safe return to work. This involves communication, medical information disclosure, and workplace modifications.

If an employee fails to provide information or cooperate with the WCB, their benefits may be suspended.

WC is a no-fault insurance scheme designed to protect both workers and employers. It provides compensation for work-related injuries and diseases, while shielding employers from lawsuits.

WCB promotes a quick and safe return to work for injured employees, as it is beneficial for both the worker and the employer.

WCB is a government agency responsible for administering workers' compensation programs, which helps to ensure fair and efficient handling of claims.

PIPEDA has been amended to require organizations to report security breaches that pose a significant risk of harm, broaden the definition of "personal information" to include applicant data, and allow for broader disclosure of information in cases of illegality or fraud.

This principle requires organizations to establish policies and procedures to ensure compliance with all privacy principles.

Organizations must clearly state the purpose for collecting personal information and use it only for that purpose.

Individuals must give their consent before their personal information is collected, with some exceptions.

Organizations must only gather a limited amount of personal information, only what is necessary for the stated purpose.

Organizations can only use, disclose, and retain personal information within the stated purpose and for a reasonable time.

Privacy policies and procedures should be made available to individuals, and supervisors should be familiar with them.

Individuals must be given access to their personal information, the ability to correct errors, and the right to challenge the accuracy of the information.

When an employee is terminated, they continue to work for a specified period before leaving. This allows them to search for new employment and the employer to find a replacement.

Instead of working their notice period, the terminated employee receives a lump sum payment, representing the wages they would have earned during that time.

A large-scale layoff involving numerous employees at one location within a specific time frame. These terminations require special notice periods.

A financial package offered to employees being terminated. It may include a lump sum payment, continued salary and benefits during the notice period, or a combination of both.

Financial compensation paid by the employer for wages lost on the day of an injury.

Specific laws that establish minimum notice periods employers must provide when terminating a large number of employees at once.

Employers in Ontario can't force employees to retire at a specific age, unless they prove it's essential for the job.

Both employers and employees must keep in touch, disclose relevant medical information, and make modifications to facilitate an early return to work for an injured worker.

The goal of WCB is to return a worker to their pre-accident employer where possible.

Employers pay the full cost of workers' compensation through premiums, and workers don't contribute.

The Personal Information Protection and Electronic Documents Act (PIPEDA) aims to protect personal information held by organizations in the private sector.

PIPEDA governs personal information collected, used, disclosed, and retained by organizations in federally regulated industries.

The organization collecting personal information must establish and maintain policies and procedures to ensure compliance with the privacy principles.

The minimum notice periods or pay in lieu of notice that employers must provide to employees upon termination, as outlined by provincial legislation like the Employment Standards Code (ESC) in Alberta or the Employment Standards Act (ESA) in British Columbia.

The length of notice an employer must provide based on common law principles, which are often longer than the minimum statutory requirements and are determined on a case-by-case basis.

In Alberta, if an employee is temporarily laid off for more than 60 days, it is considered a termination, and the employer must provide termination pay.

In British Columbia, there is no general right for employers to lay off employees without providing at least 50% of their regular wages for the period.

Continues even if ownership of the business changes, such as through a sale, lease, transfer, or merger, as long as the business continues to operate. This means the new owner must respect the previous employer's terms of employment.

Intentional, reckless behavior that directly causes a work injury, making it ineligible for WorkSafeBC coverage.

A medical condition a worker had before a work injury, which may affect their eligibility or amount of WorkSafeBC benefits.

Work-related events must be the primary cause of mental health issues, and these events must be objectively excessive or unusual.

A no-fault insurance system that protects workers injured on the job. Employers pay premiums to fund the system and avoid lawsuits from injured workers.

Injured workers receive compensation for medical expenses and lost wages, while employers are shielded from lawsuits by injured workers.

WC benefits are funded entirely by employers through premiums. Workers do not contribute.

The modern focus is on promoting early and safe return to work for injured employees.

WC is managed by specialized boards, like WorkSafeBC in British Columbia and WCB in Alberta.

WC is a no-fault system providing benefits funded by employer premiums. Coverage is mandatory for most employers and workers cannot contribute to the system.

Industries like financial institutions, recreational clubs, broadcasting stations, and law firms are not compulsorily covered but can choose to apply for coverage.

Organizations must report security breaches that pose a significant risk of harm to individuals, including keeping records of the breach. This is a key change in PIPEDA, making organizations more accountable for protecting personal information.

This benefit covers the wages an employee loses on the day they suffer an injury. It's paid directly by the employer, providing immediate financial support during the initial recovery period.

This benefit reimburses the injured worker for all medical expenses related to their workplace injury. It covers costs like doctor visits, surgery, medication, physiotherapy, and other necessary treatments.

This benefit provides partial lost wages for a limited period of time after an injury. It's meant to support workers who can't return to their full duties immediately but are able to perform some work.

This benefit provides lifetime payments to workers who are permanently unable to work. It's designed to replace their lost income and ensure ongoing financial security.

This benefit pays full wages to injured workers for a period of time while they are completely unable to work due to their injuries. It continues until they recover and can return to their job or are deemed permanently disabled.

This benefit provides lifelong payments to workers who suffer permanent impairment or disfigurement from their injury. It's designed to compensate for the ongoing impact on their earning capacity and to ensure their financial stability.

This benefit helps workers retrain and acquire new skills after a work-related injury that prevents them from returning to their previous job. It's funded by the workers' compensation board and can include training courses, job placement services, and support.

These benefits provide financial support to the spouse and dependents of a worker who dies due to a workplace injury. The amount is based on various factors like the deceased's earnings, the number of dependents, and their eligibility for CPP earnings.

This refers to the deceased worker's average income after taxes and other deductions. It's a key factor in determining the amount of benefits paid to the survivor and dependents.

The case study focuses on Robert, an auto mechanic who suffered a thumb injury at work. It exemplifies the types of workplace injuries and the range of benefits available under workers' compensation.

The right to control who has access to your personal information. This includes things like your name, address, and medical records.

It's any information that can identify you, including things like your age, address, medical records, and even online activity.

This law gives individuals the right to access information held by government agencies and provides a framework for how they handle your personal data.

These are government agencies like departments, boards, and even universities that are subject to FOIPPA.

An employer can be held responsible for privacy invasions committed by their employees, even if they didn't know about it.

This is a person within a company who is responsible for protecting your privacy and ensuring your personal information is handled correctly.

A disease that is caused by or directly related to a worker's job or working conditions, like asbestosis or carpal tunnel syndrome.

For WCB to cover a claim related to mental stress or disorder, the work-related events must be excessive or unusual, objectively confirmed, and not a result of making a compensation claim.

The worker usually has to prove their disability is linked to their work for WCB coverage, EXCEPT in cases of PTSD for first responders, specific cancers and heart attacks for firefighters, or diseases listed in Schedule B.

Both the employer and the injured worker must cooperate with WCB to facilitate a safe and timely return to work.

The employer must pay the injured employee's full wages and benefits on the day of the injury. This is not covered by WCB.

Employers pay the full cost of the workers' compensation system through premiums. They cannot recover any of this cost from their employees.

Employers are classified based on their industry and potential hazards, which determines their base insurance rate. This rate influences the premium amount.

Employers should establish clear procedures to investigate injuries, document all claims, and ensure justifiable claims are compensated promptly.

Workers, dependents, or employers who disagree with a workers' compensation decision can request a review within a specified time limit (typically 90 days).

Employers should create plans to help injured workers gradually return to work, which can benefit both employees and employers.