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Questions and Answers
Which federal employment statute is primarily concerned with the safeguarding of personal information?
Which federal employment statute is primarily concerned with the safeguarding of personal information?
What does the notwithstanding clause (section 33) of the Canadian Charter of Rights and Freedoms allow?
What does the notwithstanding clause (section 33) of the Canadian Charter of Rights and Freedoms allow?
What is the primary function of contract law in the context of employment?
What is the primary function of contract law in the context of employment?
Which of the following statements is NOT true regarding federal employment law in Canada?
Which of the following statements is NOT true regarding federal employment law in Canada?
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What is the principle of stare decisis in the context of common law?
What is the principle of stare decisis in the context of common law?
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Which section of the Canadian Charter of Rights and Freedoms is considered most significant from an employment rights perspective?
Which section of the Canadian Charter of Rights and Freedoms is considered most significant from an employment rights perspective?
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What encompasses tort law in the context of employment?
What encompasses tort law in the context of employment?
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Which of the following is a limitation of federal employment laws in Canada?
Which of the following is a limitation of federal employment laws in Canada?
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What is the employer's duty regarding accommodation for employees?
What is the employer's duty regarding accommodation for employees?
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What should recruitment advertisements avoid including?
What should recruitment advertisements avoid including?
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When can employers ask about prohibited grounds during an interview?
When can employers ask about prohibited grounds during an interview?
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At what stage should employers request information that may disclose inclusion in a protected class?
At what stage should employers request information that may disclose inclusion in a protected class?
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Why might pre-employment alcohol and drug testing be considered discriminatory?
Why might pre-employment alcohol and drug testing be considered discriminatory?
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What is the recommended practice for job-related skill tests?
What is the recommended practice for job-related skill tests?
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Which of the following is a common liability during recruitment?
Which of the following is a common liability during recruitment?
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What is a proper protocol for pre-employment medical or fitness exams?
What is a proper protocol for pre-employment medical or fitness exams?
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What is the role of employment agencies in recruitment concerning human rights?
What is the role of employment agencies in recruitment concerning human rights?
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Which of the following practices in job advertising may perpetuate the status quo?
Which of the following practices in job advertising may perpetuate the status quo?
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Which of the following is NOT one of the three basic elements necessary to create a contract?
Which of the following is NOT one of the three basic elements necessary to create a contract?
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What is a primary advantage of a written employment contract?
What is a primary advantage of a written employment contract?
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Which of the following is included in common contractual terms?
Which of the following is included in common contractual terms?
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What term refers to the provision that protects employees from being unjustly terminated?
What term refers to the provision that protects employees from being unjustly terminated?
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What should employers consider when customizing employment contracts?
What should employers consider when customizing employment contracts?
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What type of misrepresentation by a job candidate may justify dismissal for cause?
What type of misrepresentation by a job candidate may justify dismissal for cause?
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In which situation may an employer be liable for negligent misrepresentation?
In which situation may an employer be liable for negligent misrepresentation?
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Which step should employers take to avoid liability during the pre-employment stage?
Which step should employers take to avoid liability during the pre-employment stage?
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What should employers refrain from during interviews?
What should employers refrain from during interviews?
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What is a recommended practice during interviews to enhance accountability?
What is a recommended practice during interviews to enhance accountability?
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What can make oral representations void in an employment contract?
What can make oral representations void in an employment contract?
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What characterizes aggressive recruiting?
What characterizes aggressive recruiting?
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What type of misrepresentation is NOT typically grounds for dismissal?
What type of misrepresentation is NOT typically grounds for dismissal?
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Which case relates to employer liability for fraudulent misrepresentation?
Which case relates to employer liability for fraudulent misrepresentation?
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What is a crucial factor in confirming the job description to candidates?
What is a crucial factor in confirming the job description to candidates?
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What may an employee be entitled to if inducement is shown and they are subsequently dismissed?
What may an employee be entitled to if inducement is shown and they are subsequently dismissed?
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Which of the following practices should employers avoid when attracting new employees?
Which of the following practices should employers avoid when attracting new employees?
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What is a restrictive covenant primarily designed to do?
What is a restrictive covenant primarily designed to do?
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What must an employee show to be successful in an action for anticipatory breach of contract?
What must an employee show to be successful in an action for anticipatory breach of contract?
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Under which conditions can non-competition clauses still be valid after the 2021 amendments to the Employment Standards Act?
Under which conditions can non-competition clauses still be valid after the 2021 amendments to the Employment Standards Act?
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What might an employer face liability for in the case of negligent hiring?
What might an employer face liability for in the case of negligent hiring?
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What is not a recommended practice for employers when drafting an employment contract?
What is not a recommended practice for employers when drafting an employment contract?
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What is a potential consequence of an employee showing inducement and then being dismissed?
What is a potential consequence of an employee showing inducement and then being dismissed?
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How do restrictive covenants affect employees in relation to their former employers?
How do restrictive covenants affect employees in relation to their former employers?
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What is required to prove anticipatory breach of contract?
What is required to prove anticipatory breach of contract?
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What is one of the main advantages of having a written employment contract?
What is one of the main advantages of having a written employment contract?
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Which of the following terms is typically included in a written employment contract?
Which of the following terms is typically included in a written employment contract?
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Which of the following is a reason employers might customize employment contracts?
Which of the following is a reason employers might customize employment contracts?
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What is required for an individual to be considered an employee in a wrongful dismissal action?
What is required for an individual to be considered an employee in a wrongful dismissal action?
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Which of the following is NOT a common contractual term in employment agreements?
Which of the following is NOT a common contractual term in employment agreements?
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Which of the following identifies a key element of the Meiorin three-part test for BFOR?
Which of the following identifies a key element of the Meiorin three-part test for BFOR?
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What does the 'Entire Agreement Clause' in a contract signify?
What does the 'Entire Agreement Clause' in a contract signify?
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What is the primary function of administrative tribunals within the judicial framework?
What is the primary function of administrative tribunals within the judicial framework?
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What key change will the Digital Platform Workers’ Rights Act, 2022 introduce?
What key change will the Digital Platform Workers’ Rights Act, 2022 introduce?
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What does the term 'agent' refer to in an employment context?
What does the term 'agent' refer to in an employment context?
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How has the definition of discrimination evolved in employment law?
How has the definition of discrimination evolved in employment law?
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What prerequisite must a rule or requirement fulfill to be considered necessary according to the Meiorin test?
What prerequisite must a rule or requirement fulfill to be considered necessary according to the Meiorin test?
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Which aspect of human rights legislation applies to the actions of corporations?
Which aspect of human rights legislation applies to the actions of corporations?
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What do civil remedies under Alberta's Human Rights Code imply?
What do civil remedies under Alberta's Human Rights Code imply?
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Which of the following is NOT a ground of discrimination prohibited by Alberta's Human Rights Code?
Which of the following is NOT a ground of discrimination prohibited by Alberta's Human Rights Code?
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At which stage of employment does Alberta's Human Rights Code provide protection?
At which stage of employment does Alberta's Human Rights Code provide protection?
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Which exemption allows certain organizations to discriminate under Alberta's Human Rights Code?
Which exemption allows certain organizations to discriminate under Alberta's Human Rights Code?
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What does the concept of 'undue hardship' relate to in terms of discrimination provisions?
What does the concept of 'undue hardship' relate to in terms of discrimination provisions?
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What is a primary focus of Alberta's Human Rights Code regarding intent?
What is a primary focus of Alberta's Human Rights Code regarding intent?
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Which of the following statements is true regarding the application of Alberta's Human Rights Code?
Which of the following statements is true regarding the application of Alberta's Human Rights Code?
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Which of the following types of discrimination is specifically covered by Alberta's Human Rights Code?
Which of the following types of discrimination is specifically covered by Alberta's Human Rights Code?
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What must employers do to comply with Alberta's Human Rights Code during the hiring process?
What must employers do to comply with Alberta's Human Rights Code during the hiring process?
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What should an employer do to comply with the Consumer Reporting Act when conducting a credit check?
What should an employer do to comply with the Consumer Reporting Act when conducting a credit check?
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Which type of employee is typically not entitled to termination notice or pay in lieu of notice?
Which type of employee is typically not entitled to termination notice or pay in lieu of notice?
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When is it recommended to conduct most types of background checks?
When is it recommended to conduct most types of background checks?
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What is required for police records checks during hiring?
What is required for police records checks during hiring?
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What is a major risk of using internet and social media searches for information on candidates?
What is a major risk of using internet and social media searches for information on candidates?
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What type of employment does not typically distinguish between employees under employment statutes in Ontario?
What type of employment does not typically distinguish between employees under employment statutes in Ontario?
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What is the extent of an employer's duty to accommodate employees?
What is the extent of an employer's duty to accommodate employees?
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What role does verifying degrees play in the hiring process for certain positions?
What role does verifying degrees play in the hiring process for certain positions?
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What should job advertisements avoid including?
What should job advertisements avoid including?
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When can employers include questions about prohibited grounds in an interview?
When can employers include questions about prohibited grounds in an interview?
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Why should background checks be conducted with caution?
Why should background checks be conducted with caution?
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At what point should a request for information possibly disclosing a protected class be made?
At what point should a request for information possibly disclosing a protected class be made?
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What type of worker is classified as agency/temps?
What type of worker is classified as agency/temps?
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What should employers do to avoid potential liability during pre-employment checks?
What should employers do to avoid potential liability during pre-employment checks?
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Why might alcohol and drug testing before employment be considered discriminatory?
Why might alcohol and drug testing before employment be considered discriminatory?
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What is the recommended practice regarding tests that measure job-related skills?
What is the recommended practice regarding tests that measure job-related skills?
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What should employers do concerning candidates they consider overqualified?
What should employers do concerning candidates they consider overqualified?
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When should pre-employment medical or fitness exams occur?
When should pre-employment medical or fitness exams occur?
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What can employers be expected to do if a candidate tests positive for substances?
What can employers be expected to do if a candidate tests positive for substances?
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What is a primary responsibility of employment agencies in recruitment?
What is a primary responsibility of employment agencies in recruitment?
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Study Notes
Sources of Employment Law
- Federal employment law is limited to industries deemed of national importance per the Constitution Act, 1867.
- Key federal employment statutes include the Canada Labour Code, Canadian Human Rights Act, Employment Equity Act, and PIPEDA.
- The Canadian Charter of Rights and Freedoms, adopted in 1982, influences workplace dynamics, particularly through section 15 (equality) and section 33 (notwithstanding clause).
- Common law, developed from court decisions, operates based on precedents established by higher courts.
- Common law includes contract law and tort law, where contract law governs employment terms and conditions, while tort law addresses civil wrongs.
Judicial Framework
- Employers must accommodate employees to the point of undue hardship, demonstrated through the balance of probabilities.
Recruitment, Selection, and Hiring
- Employment agencies must adhere to human rights laws; broad advertising practices are encouraged to ensure inclusivity.
- Job advertisements should not discourage applications from protected groups and must avoid prohibited questions.
- Information that could reveal protected class status should be requested only after a conditional job offer is made.
- Pre-employment medical exams and drug tests should occur after a conditional offer, as they may lead to discrimination claims.
- Misrepresentation by candidates can be grounds for dismissal, while negligent misrepresentation by employers can lead to liability claims.
Areas of Common Law Liability
- Misrepresentation by Job Candidates: Justifies dismissal for material inaccuracies but not for minor misstatements. Applications must include an attestation clause for honesty.
- Wrongful Hiring: Employers may be liable for damages if misleading information leads a prospective employee to accept a job under false premises.
- Inducement: Aggressive recruitment can lead to larger damages in wrongful dismissal if the employee is misled about job prospects.
- Restrictive Covenants: Limit an employee’s ability to compete post-employment, with recent amendments to the Employment Standards Act affecting non-compete clauses.
- Anticipatory Breach of Contract: Occurs when an employer retracts an offered job before employment begins, requiring proof of acceptance and resulting damages.
- Negligent Hiring: Employers may face liability for failing to vet candidates, especially if an employee harms a third party.
Written Employment Contracts
- Basic contract elements: offer, acceptance, and consideration. Oral agreements are binding if these elements are present.
- Advantages of written contracts include clarity, reduced misunderstandings, and early resolution of contentious issues.
- Customizing contracts for specific employees is crucial; standard contracts should be avoided to mitigate liability.
Common Contractual Terms
- Essential clauses include job description, remuneration, and employment term details, such as termination processes.
- Contracts should address resignation notice, probation periods, benefits, and any restrictive covenants or intellectual property ownership.
- Additional considerations may include corporate policies and legal jurisdiction, ensuring all agreements are clear and lawful.
Judicial Framework
- Administrative tribunals address specialized issues like employment standards and discrimination.
- Administrative agencies can investigate complaints and rule on findings.
Defining the Employment Relationship
- An individual could be an independent contractor for tax purposes but classified as an employee in wrongful dismissal claims.
- The Digital Platform Workers’ Rights Act, 2022 offers protections for gig economy workers.
- An agent represents a principal in dealings with third parties.
Human Rights Legislation in Canada
- Provincial and territorial human rights laws regulate both individual and corporate actions.
- All Canadian jurisdictions have human rights statutes that prohibit discrimination across key sectors.
- Discrimination definitions broadened beyond intentional acts to include effects of actions.
Meiorin Test for BFOR/BFOQ
- A three-pronged test assesses if a workplace rule is rationally connected to job performance, believed necessary for business purposes, and essential without causing undue hardship.
Alberta’s Human Rights Code
- Applies to both sectors and individual conduct, prohibiting discrimination based on 16 grounds and including sexual harassment.
- Intent to discriminate is not required; the effect is critical for assessment.
- The Code prevails over conflicting laws barring specific exceptions.
- Applies throughout the employment process, emphasizing recruitment.
Exemptions to Discrimination
- Special service organizations may have allowances for discrimination.
- Bona Fide Occupational Qualifications (BFOQ/BFOR) can justify certain employment decisions.
- Discrimination may be allowed if proven reasonable or justifiable or if it causes undue hardship during accommodation.
Recruitment, Selection, and Hiring
- Code protects job applicants and prohibits discrimination based on protected grounds, even if it's part of multiple reasons for hiring decisions.
- Essential duties of positions must be clearly stated, with efforts made to accommodate needs without undue hardship.
- Employment agencies must follow human rights guidelines, and for job ads, avoid language that discourages applicants from protected groups.
- Pre-employment conditional offers should precede requests for sensitive information or medical examinations.
Areas of Common Law Liability
- Employer duties to investigate potential harm increase with job-related risk exposure.
- For roles requiring specific qualifications, direct verification with educational institutions remains crucial.
- Background checks, including credit and police record checks, must be conducted with caution and informed consent.
Types of Employment Relationships
- Employment types include permanent, temporary, casual, agency, and foreign workers.
- Temporary employees generally lack entitlement to notice or pay upon termination.
- Eligibility for Employment Insurance requires specific qualifying hours.
Written Employment Contracts
- Contracts must include offer, acceptance, and consideration to be valid, with oral agreements being binding if properly constructed.
- Written contracts mitigate misunderstandings, clarify critical terms, and reduce uncertainty.
Common Contractual Terms
- Contracts should be customized for individual employees rather than using standard templates.
- Essential terms cover job descriptions, remuneration, contract duration, and termination conditions.
- Additional clauses may include relocation, remote work, benefits, restrictive covenants, and ownership of intellectual property.
Miscellaneous Contractual Provisions
- Include clauses for notice of resignation, probationary periods, entire agreement, and inducement.
- Provisions for severability, golden parachutes, and temporary layoffs or disciplinary suspensions are also included to ensure contract robustness.
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Description
This quiz explores the key sources of employment law in Canada, including federal statutes like the Canada Labour Code and the Canadian Human Rights Act. Additionally, it delves into the impact of the Canadian Charter of Rights and Freedoms on workplace dynamics and the role of common law in governing employment terms. Test your knowledge on the judicial framework surrounding employment law.
