Workers' Compensation Benefits Quiz

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Questions and Answers

Which factor is NOT considered for Death and Survivor Benefits?

The number of dependent children

The deceased’s net average earnings

Dependent's entitlement to CPP earnings

The duration of the deceased’s employment (correct)

What type of disability represents periodic payments that cease after recovery?

Permanent Total Disability

Temporary Total Disability (correct)

Permanent Partial Disability

Temporary Partial Disability

Which of the following best describes the coverage for Permanent Total Disability?

It provides benefits for a limited time based on severity.

It is payable only upon the death of the worker.

It is payable for life regardless of improvement. (correct)

It requires the worker to undergo retraining.

In the case of Robert, which aspect is crucial for determining his benefits following the injury?

His previous injuries and their impact Signup and view all the answers

What percentage of Robert's pre-injury net earnings does WCB compensate for loss of earnings?

90% Signup and view all the answers

What is Robert's total earnings per week while on modified duties?

$950 Signup and view all the answers

Which duty must both the employer and employee fulfill according to WCB regulations?

Keep in touch regarding the recovery process. Signup and view all the answers

What happens if the employee fails to provide medical information related to functional abilities?

Benefits may be suspended. Signup and view all the answers

For how long will Robert's wages and benefits need to be paid on the day of his injury?

Four weeks Signup and view all the answers

What is the calculated loss of earnings Robert experiences per week after returning to work on modified duties?

$500 Signup and view all the answers

How much of Robert's physiotherapy and treatments are covered by WCB?

100% Signup and view all the answers

What is the monetary compensation WCB provides Robert for loss of earnings after he returns to modified duties?

$450 per week Signup and view all the answers

What is the primary goal of WCB concerning injured workers?

To return the worker to their pre-accident employer when possible. Signup and view all the answers

What does the Personal Information Protection and Electronic Documents Act (PIPEDA) regulate?

The collection, use, and disclosure of personal information by organizations Signup and view all the answers

Which of the following is NOT considered personal information?

Statistical data from surveys Signup and view all the answers

Under which act can individuals request access to information held by public bodies?

Freedom of Information and Protection of Privacy Act Signup and view all the answers

What does vicarious liability imply for employers regarding privacy invasions?

Employers can be held liable for privacy invasions committed by employees during their duties Signup and view all the answers

What is the main purpose of the Freedom of Information and Protection of Privacy Act?

To allow individuals access to information in the custody of public bodies while regulating that collection Signup and view all the answers

Which of the following is included in the definition of personal information?

An individual's purchasing habits Signup and view all the answers

What factor has increased the importance of privacy in recent years?

The rapid technological advancements in data processing Signup and view all the answers

Which of the following is a legitimate ground for just cause in the dismissal of an employee?

Commission of theft Signup and view all the answers

Which of the following entities is NOT classified as a public body under the Freedom of Information and Protection of Privacy Act?

Private corporations Signup and view all the answers

Which aspect of privacy is emphasized by the rapid ability to manipulate personal information?

The speed and scale of data handling present new privacy challenges Signup and view all the answers

What constitutes 'near cause' in the context of employment dismissal?

Misconduct that does not reach the threshold of just cause Signup and view all the answers

Which of the following types of information is explicitly categorized as personal information?

Credit records Signup and view all the answers

Which of the following scenarios would NOT typically justify dismissal under just cause?

Failure to report to work without notice Signup and view all the answers

Which types of employee rights can an employer NOT penalize under just cause criteria?

Rights under the Occupational Health and Safety Act Signup and view all the answers

What is required for sanctions against an employee's misconduct to be considered justified?

They must be proportional to the act of misconduct Signup and view all the answers

What type of organization is NOT covered under the Personal Information Protection Act (PIPA)?

Public sector organizations Signup and view all the answers

Which principle under PIPA explicitly acknowledges the need for organizations to collect personal information?

Balance between individual rights and organizational needs Signup and view all the answers

What is the primary focus of PIPA regarding personal information?

Governing the collection, use, and disclosure by private sector organizations Signup and view all the answers

When was the Personal Information Protection Act (PIPA) in Alberta last amended?

2014 Signup and view all the answers

Which of the following is an example of an individual covered under PIPA acting in a commercial capacity?

A lawyer representing a corporation Signup and view all the answers

What is one of the rights individuals have under PIPA regarding their personal information?

To access and correct their personal information Signup and view all the answers

Which of the following best describes the scope of PIPA in provincial regulations?

Applies to provincially regulated private sector organizations Signup and view all the answers

In what year did British Columbia enact PIPA?

2003 Signup and view all the answers

What type of information does PIPA primarily address in workplaces?

Personal information of employees Signup and view all the answers

Which of the following organizations is considered a professional regulatory association under PIPA?

An engineering society Signup and view all the answers

What can cause an injury to be excluded from coverage under WCB benefits?

Injuries resulting from horseplay that deviates from work duties Signup and view all the answers

Which condition is typically the worker's responsibility to prove a causal relationship for WCB benefits?

Chronic pain resulting from workplace conditions Signup and view all the answers

What criteria must be met for mental stress claims to be eligible under WCB?

There must be objective confirmation of unusual work-related events Signup and view all the answers

Which of the following is NOT an example of willful misconduct that negates WCB coverage?

An employee sustains injuries while engaging in a recreational activity related to work Signup and view all the answers

What type of condition is considered under WCB if there is a clear connection between recognized diseases and work conditions?

Occupational diseases that are commonly known Signup and view all the answers

In which scenario would the onus of proof for a causal relationship not rest on the worker?

A firefighter develops cancer that is listed under the Alberta WC Regulation Signup and view all the answers

Which factors must be established for an injury to qualify as a disability claim?

There must be a gradual onset of symptoms related to specific work tasks Signup and view all the answers

What is the total amount Robert earns per week while on modified duties?

$950 Signup and view all the answers

What percentage of Robert's net earnings does WCB compensate for loss of earnings?

90 Signup and view all the answers

Which of the following statements best describes Robert's situation regarding his injuries?

He requires extensive physiotherapy after his injury. Signup and view all the answers

What is Robert's net loss of earnings per week after returning to work on modified duties?

$500 Signup and view all the answers

Which action is encouraged by WCB to facilitate an early return for workers like Robert?

Keeping in touch with the employer about recovery progress. Signup and view all the answers

How are Robert’s physiotherapy costs covered by WCB?

Completely covered without any cost-sharing. Signup and view all the answers

What occurs if Robert fails to provide necessary medical information to WCB?

His benefits may be suspended. Signup and view all the answers

What is the primary goal of WCB regarding workers like Robert?

To return workers to their pre-accident employment when possible. Signup and view all the answers

What is the minimum notice period required for an employee with between 2 years but less than 4 years of service in Alberta?

2 weeks Signup and view all the answers

Under the BC Employment Standards Act, how is compensation for length of service determined after 3 years of employment?

3 weeks Signup and view all the answers

What happens after a temporary layoff exceeding 60 days in Alberta?

It is classified as termination Signup and view all the answers

What is required from employees in Alberta concerning notice prior to resignation?

1 to 2 weeks notice Signup and view all the answers

What must be true for continuity of employment after a business is sold or merged?

Employment continues as long as the business operates Signup and view all the answers

What constitutes personal information under PIPEDA?

Information about an identifiable individual Signup and view all the answers

Which of the following best describes the role of employers in relation to privacy invasions by employees?

Employers can be considered as vicariously liable Signup and view all the answers

Public bodies under the Freedom of Information and Protection of Privacy Act do NOT include which entity?

Private corporations Signup and view all the answers

What right is provided to individuals under the Freedom of Information and Protection of Privacy Act?

The right to access information in custody of public bodies Signup and view all the answers

Which aspect of the current landscape has heightened concerns regarding privacy?

The rapid collection and analysis of personal data Signup and view all the answers

What is the primary responsibility of employers regarding the Workers' Compensation system?

Employers are required to pay the full cost of the system via premiums. Signup and view all the answers

Which type of personal information is NOT typically classified under PIPEDA?

Public business registration Signup and view all the answers

Which of the following is NOT a characteristic of organizations defined by PIPEDA?

Requirement to dispose of all records annually Signup and view all the answers

What must employers do to have an appropriate base insurance rate assigned by the WCB?

Provide information about their type of industry and potential hazards. Signup and view all the answers

What is the recommended action following an employee injury to initiate a claim?

Complete and file an accident report. Signup and view all the answers

What primarily differentiates personal information from other types of data?

It pertains to identifiable individuals Signup and view all the answers

How should claims be managed according to the best practices outlined for WCB?

Keep thorough records of all claims, regardless of severity. Signup and view all the answers

Which of the following is included among public bodies as per the Freedom of Information Act?

Self-governing professions Signup and view all the answers

What should employers do to maintain the confidentiality of medical files?

Securely separate medical files from personnel files. Signup and view all the answers

Which of the following correctly states a significant concern regarding privacy in the workplace?

Rapid data manipulation raises privacy concerns Signup and view all the answers

What action can a worker or employer take if they disagree with a decision made by WCB?

Request a review within 90 days. Signup and view all the answers

What is a key component of effective claims management concerning employee returns to work?

A return-to-work plan should be established and properly accommodated. Signup and view all the answers

What is the function of WCB Appeals Commissions in relation to the WC Boards?

They provide a review process independent of WC Boards. Signup and view all the answers

What type of communication should not take place between employers and an injured employee’s physician?

Contact regarding the employee’s work capabilities. Signup and view all the answers

Which program is associated with improving workplace health and safety in Alberta and BC?

Partnerships in Injury Reduction (PIR) and Partners Program. Signup and view all the answers

What principle does the Personal Information Protection and Electronic Documents Act (PIPEDA) primarily enforce?

Regulated collection, use, and disclosure of personal information Signup and view all the answers

Which type of information is considered NOT personal information according to the provided content?

Credit card numbers Signup and view all the answers

Which entities are considered public bodies under the Freedom of Information and Protection of Privacy Act?

Government departments, educational bodies, and health care bodies Signup and view all the answers

What has increased the importance of privacy concerns in recent years?

Rapid ability to compile and manipulate vast amounts of personal information Signup and view all the answers

Under what regulation can individuals request access to personal information held by public bodies?

Freedom of Information and Protection of Privacy Act Signup and view all the answers

Which of the following examples is considered personal information?

Web browsing history linked to an identifiable individual Signup and view all the answers

Which organizations are covered under PIPA?

Non-profit organizations Signup and view all the answers

What rights do individuals have under PIPA regarding their personal information?

The right to request access to their personal information Signup and view all the answers

What is the primary purpose of PIPA?

To govern the collection, use, and disclosure of personal information Signup and view all the answers

Which of the following is NOT a principle covered by PIPA?

Encouraging unrestricted data collection Signup and view all the answers

In which year was PIPA last amended in Alberta?

2014 Signup and view all the answers

What type of organizations does PIPA NOT apply to?

Federal government agencies Signup and view all the answers

Which of the following is considered personal information under PIPA?

Employee identification numbers Signup and view all the answers

What is required for an employee to claim damages for constructive dismissal?

Resignation after the employer changes the contract Signup and view all the answers

Who among the following is classified under PIPA as acting in a commercial capacity?

A contractor for a private company Signup and view all the answers

In what case must an employee continue working to avoid failing their duty to mitigate?

If the salary remains the same Signup and view all the answers

What circumstances may lead to a comprehensive review of PIPA?

Public demand for stronger privacy protections Signup and view all the answers

Which of the following is NOT a condition that constitutes constructive dismissal?

Significant salary increase Signup and view all the answers

Who bears the responsibility to prove a failure to mitigate damages?

The employer, showing job availability Signup and view all the answers

What is the primary purpose of including and updating termination clauses in employment contracts?

To clarify the requirements and limitations of dismissals Signup and view all the answers

What is the minimum notice period for an employee with 4 years of service in Alberta?

4 weeks Signup and view all the answers

Under what condition might an employee in Alberta not be required to provide notice before terminating employment?

If they are on temporary layoff Signup and view all the answers

Which of the following scenarios qualifies as a temporary layoff in British Columbia?

Employee receives less than 50% of their regular wage Signup and view all the answers

What does continuity of employment guarantee when a business is sold?

Employees maintain their employment with the new owner Signup and view all the answers

In British Columbia, what is the required notice for an employee with 8 years of service?

8 weeks Signup and view all the answers

What must an employer do once notice of termination has been given?

Continue paying the normal wages Signup and view all the answers

What is the maximum notice period mandated by the Alberta ESC for an employee with over 10 years of service?

8 weeks Signup and view all the answers

How is common law reasonable notice determined?

On a case-by-case basis considering various factors Signup and view all the answers

What is the consequence if an employee lays off for more than 60 days in Alberta?

It triggers automatic termination of employment Signup and view all the answers

What must be the method of delivering notice of termination?

In writing, delivered in person or through other specified methods Signup and view all the answers

What should an organization do first to ensure compliance with privacy regulations?

Appoint a Chief Privacy Officer (CPO) Signup and view all the answers

Which action is essential for an employee's resignation to be considered voluntary?

Receiving a formal acceptance from the employer Signup and view all the answers

What must organizations do to collect, use, or disclose personal information legally?

Obtain proper authority or consent Signup and view all the answers

What is the main role of the commissioner concerning privacy complaints?

To review decisions made by private sector organizations Signup and view all the answers

What should an employer do if an employee provides advance notice of resignation?

Pay the employee but advise not to attend work Signup and view all the answers

What is one responsibility of staff after privacy policies are developed?

Train on privacy policies and procedures Signup and view all the answers

Special circumstances that could trigger a statutory requirement for notice upon resignation are considered to be:

Special circumstances not clearly defined Signup and view all the answers

What is an activity that organizations should perform to comply with privacy regulations?

Assess collection and usage of personal information Signup and view all the answers

What might indicate that an employee has not resigned voluntarily?

Being given a choice to resign or be dismissed Signup and view all the answers

Which of the following is a policy that organizations should develop for compliance?

Specific policies for data handling Signup and view all the answers

Study Notes

Workers' Compensation Legislation

Workers' compensation (WC) acts in Alberta and BC are no-fault insurance schemes for work-related injuries or diseases.
Employers pay premiums to fund the system.
In exchange, employers are protected from lawsuits by injured workers.
Legislation and WC regime are increasingly focused on prevention and preventative measures.
Workers' compensation pays out regardless of employer or employee negligence.
Benefits are funded by premiums.
Workers cannot contribute to WC premiums.
WC rights cannot be waived.
Coverage is mandatory for most employers.
Legislation focuses on early and safe return to work (RTW).
Vocational rehabilitation is provided for employees unable to return to their original jobs.
WC boards administer the system (e.g., WorkSafeBC and WCB Alberta).
Most industries are covered.
Some industries may apply for coverage. Examples include: financial institutions, recreational and social clubs, broadcasting stations, and law firms.
The agriculture exemption is eliminated in Alberta.
Workers not covered include independent contractors, sole proprietors, and executive officers.

WCB Benefit Eligibility

Benefits must arise out of and in the course of employment.
Injuries need not be directly from job performance, but should be reasonably incidental.
Injuries due to willful misconduct are often not covered. Examples include: criminal acts, intoxication, intentional self-inflicted injuries, fighting when the issue is personal, horseplay (a serious deviation from employment duties), or activities not related to employment duties.
Disability claims (e.g., gradual onset, pre-existing conditions) and occupational diseases should have a clear causal connection to work or work conditions.
Mental stress or disorders and chronic pain are covered if work-related events are the predominant cause, events are excessive or unusual, and there is objective confirmation from medical professionals.

Disability Claims

The onus is on the worker to show causal relationship with work, except for first responders (PTSD), specific cancers, and heart attacks for firefighters.
Special industrial diseases arising from specific industries are listed for coverage.
If a worker contracts a listed disease, the presumption that the disease resulted from employment is rebuttable (able to be challenged).

Benefits Covered

Lost earnings on the day of the injury are covered by the employer.
Health care costs are covered.
Types of Disability covered: Temporary Partial Disability, Permanent Total Disability (payable for life), and Temporary Total Disability (periodic payments equal to the employee's pre-injury earnings with payments ceasing after recovery).

Permanent Partial Disability/Disfigurement

Payable for life.

Vocational Rehabilitation

Workers may rejoin the workforce in a different capacity.
Retraining is often required and financed by WCB.

Death and Survivor Benefits

A surviving spouse may receive a lump-sum payment based on factors like the deceased's earnings, number of dependent children, CPP entitlements, and spouse's incapacitation.

Case Study: Robert

Robert is a 38-year-old head auto mechanic at Otto's Body Shop.
Robert earns $1000 net per week.
Robert tore a ligament in his hand at the start of his shift.
Otto's pays Robert's full wages and benefits.
Robert's therapy and treatments are covered 100% by WCB.
WCB compensates for lost earnings based on 90% of his pre-injury earnings.

Duty to Cooperate

The goal of WCB is returning workers to their pre-accident employers where possible.
Employers and employees must keep in contact.
Medical information relating to functional abilities should be disclosed.
Necessary accommodations must be made to facilitate an early return to work.
Failure to cooperate may lead to the suspension of benefits.

Funding the WC System

Employers pay the full cost of the system via premiums.
Employers cannot recover any part of their premiums from workers.
Employers must register with WCB.
Employers must provide information to WCB for classification and to determine appropriate insurance rates (industry type and potential hazards).
Certificates of recognition (COR) are available to employers in both provinces.
Alberta's Partnerships in Injury Reduction (PIR) and BC's Partnerships in Injury & Disability Prevention Program are initiatives to reduce injury claims.

Effective Claims Management

Effective procedures must be established to investigate injuries.
Accident reports initiate claims processes.
All claims, no matter how minor, must be documented.
Justifiable claims are compensated promptly.
Only truly doubtful claims are challenged, but protests must begin immediately.
Notes on communications with WCB are maintained.
A return-to-work plan must be established and accommodations must be made.
Employees' physicians should not be contacted.
Medical files are kept confidential and separate from personnel files.

Appeals

Workers, dependents, or employers who disagree with a decision can request a review.
BC time limit for appeals is 90 days.
WCB Appeals Commissions are independent of WC Boards.

Privacy Inside and Outside the Workplace

Privacy of personal information is a relatively new issue.
In the past, compiling records proved challenging for protecting privacy, but today information can be easily analyzed, transferred, and manipulated.
Employers are often vicariously liable for privacy invasions done by their employees.
Federal legislation (PIPEDA) outlines how organizations collect, use, and disclose personal information.
Personal information includes details like age, sex, religion, ethnicity, opinions, photographs, ID numbers, addresses, email addresses, web browsing history, purchasing and spending habits, income, credit records, actions' disciplinary records, employee files, pay, benefit records, and blood type and medical records.

Freedom of Information and Protection of Privacy Act

Individuals can request access to information held by public bodies (e.g., departments, branches, offices of the government, agencies, boards, commissions, corporations, educational bodies, health care bodies, local government bodies, and self-governing professions).
Public bodies must provide a framework for collecting, using, and disclosing personal information.
Access to records is balanced with the need to protect privacy.
Individuals can ask to correct or review personal information held by the governments and dispute if information is inappropriately collected, used, or disclosed.

PIPEDA: Who's Covered?

The Personal Information Protection and Electronic Documents Act (PIPEDA) applies to private sector organizations.
PIPEDA also applies to personal information collected, used, disclosed, and retained about employees, customers, in federally regulated industries.
Alberta, BC, and other Canadian province have passed similar legislation for provincially regulated industries.
Alberta's PIPA, which was struck down in 2013 by the Supreme Court of Canada, has since been amended.

PIPEDA: Some Recent Amendments

The Federal Digital Privacy Act was proclaimed with changes to PIPEDA.
Organizations must report and record breaches of security when risk of significant harm exists.
The definition of "personal information" is broadened to include applicants.
Business contact information is exempt from PIPEDA when used solely for business purposes.
Permission to disclose personal information without consent is broadened in cases involving illegality, fraud, and financial abuse.
Privacy Commissioners can create compliance agreements.

Privacy: 10 Principles

Principles for data security and use in organizations in relation to personal information.
Includes Principles like accountability, identifying the purpose of data collection, individual consent prior to collection, limiting data collection, use, disclosure, and retention, ensuring accurate information, implementing security safeguards, being open with policies and procedures, providing individuals access to information, and establishing recourse for privacy issues.

Personal Information Protection Act (PIPA)

British Columbia enacted legislation, called PIPA, comparable to PIPEDA, for provincially regulated industries.
Includes workplace rules for employee personal information.
Alberta also enacted comparable legislation called PIPA for provincially regulated industries, including workplace rules for personal employee information.
Amended 2005, 2009, 2010, and 2014 and undergoing review.

PIPA: Who's Covered?

PIPA applies to a wide variety of organizations in the private sector, including non-profit organizations, trade unions, private schools, partnerships, corporations, unincorporated associations, professional regulatory associations, individuals acting in a commercial capacity, and individuals acting on behalf of a corporation, unincorporated association, trade union, or partnership.

PIPA: Principles

PIPA governs the collection, use, and disclosure of personal information in the private sector.
Recognizes individual rights over personal information.
Includes rules for reasonable purposes in collecting, using, and disclosing information, and includes commercial transactions and activities in the private sector.
Also covers personal information about employees.

PIPA: Principles (cont'd)

PIPA allows individuals to access their information and to request correction of incorrect information.
Individuals may complain to the commissioner if their privacy was violated.
The commissioner hears privacy complaints and reviews decisions that might violate individual access to information or refuse to correct information.

Privacy: Steps to Compliance

Appoint a Chief Privacy Officer.
Assess data collection, storage, and use.
Develop policies and procedures to meet privacy requirements.
Train staff on privacy requirements.
Monitor effectiveness of policy and procedures.

Resignation and Retirement

Resignation should be formally accepted by employers with a letter to confirm.
Voluntary resignation is when an employee chooses to resign versus being dismissed.
Resignation may be inferred from intent, unequivocal, and non-impulsive conduct.
Employers need to carefully document the termination of older employees/workers to avoid age discrimination claims.
Employers should be aware of the potential for liability if they assume that an older employee will retire.
Early retirement incentives are okay but should be presented neutrally by an unbiased person, not the employee's boss.

Dismissal Without Cause

If no "just cause" for dismissal, the employer must provide reasonable notice or pay in lieu of notice.
The minimum requirements for notice/termination are set by ESC (Alberta)' and ESA (BC).
Notice periods will vary depending on the employee's length of service and some exemptions apply.
Notice/pay is not required for temporary layoffs.
Once a notice period is established, terms and conditions of employment cannot be changed.

Minimum Statutory Requirements: Notice/Pay

Alberta employees are entitled to notice of termination or payment in lieu of notice if they have more than three months of employment.
BC employees are entitled to notice of termination or compensation for length of service if they have more than three months of employment.
Employers can provide notice, payment, or a combination of both.
Pay or notice is not required for temporary layoffs.
After notice is given, employment terms and conditions cannot be changed.

Minimum Statutory Requirements: Mass Terminations

Alberta ESC employer who terminates 50 or more employees at one location within a four-week period must notify the minister at least four weeks in advance.
BC ESA employer terminating 50 or more employees within two months must provide appropriate notice.
Notice periods are established in accordance with employee count (e.g., 8 weeks for 50-100 employees).

Minimum Statutory Requirements: Exceptions to Notice Requirements

List of exceptions to notice requirements (e.g., probationary employee, term or task employee, temporary layoff, just cause, refusal of reasonable alternative work, return after recall, strikes or lockouts, casual employees, frustration of contract, seasonal work, employee quits).

Wrongful Dismissal

An employee can claim wrongful dismissal if the employer lacked just cause and did not offer sufficient notice or pay instead.
Meeting statutory requirements does not guarantee that a dismissal is not wrongful.
Employees have two years to file a wrongful dismissal claim in court.
Court processes (e.g., Small Claims Court, Court of Queen's Bench, BC Supreme Court) depend on the amount claimed.

Reasonable Notice Damages: Basic Entitlements

Basic entitlements are based on the contract, terms, and conditions at the time of dismissal.
Includes salary, benefits, company vehicles, insurance, bonuses, stock options, and pension entitlements.

Wrongful Dismissal: Other Types of Damages

Types of damages in a wrongful dismissal case (e.g., reasonable notice, moral damages, punitive damages).

Bad Faith Dismissal

An employer's actions that are dishonest, misleading, insensitive, or humiliating can constitute bad faith dismissal (e.g., false allegations of just cause or incompetence, harming the employee’s reputation, harassment, dismissal because of disability, dismissal as reprisal).

Duty to Mitigate

Employees have a duty (under common law) to mitigate their losses—that is, to try to find comparable work.
The onus is on the employer to prove failure to mitigate losses by showing available comparable jobs and a lack of effort by the employee.

Constructive Dismissal

Employer makes a fundamental or unfavorable change to the contract without providing reasonable notice or explaining the consequences of rejecting the change.
Employer’s actions imply termination (e.g., significant change in duties, geographic relocation, hours or scheduling changes, layoffs, hostile work environment).
If conditions are sufficiently substantial, employees may resign in response.
The employee is entitled to claim damages if a reasonable person would deem the employer's actions, and subsequent changes, to the employment contract unreasonable and unfair.

Avoiding Wrongful Dismissal Claims

Steps employers can take to prevent wrongful dismissal claims (e.g., careful hiring and accurate records).

Dismissal With Cause

Just cause—an employee's serious breach of contract (e.g., criminal activity, serious misconduct, dishonesty, violation of contract).
Near cause—misconduct or incompetence that falls short of fundamental breach.
Sanctions must be proportional to the misconduct.
Procedural fairness improves employer case. The investigator must be impartial and allow employees to respond to allegations or accusations promptly.

Grounds That Cannot Constitute Just Cause

An employer may not dismiss an employee for asserting their statutory rights
Cannot dismiss an employee for human rights violations, employment standards (pregnancy and parental leave), occupational health and safety (work-related injuries and refusing unsafe work), or other related causes (absence from the workplace or other work-related causes).
Cannot dismiss for rights under the Pay Equity Act, union-related activity, or other specified statutory rights.

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Description

Test your knowledge on the various benefits provided under Workers' Compensation. This quiz covers topics such as lost earnings, vocational rehabilitation requirements, and the specifics of permanent total disability. Challenge yourself with questions designed to enhance your understanding of workers' rights and benefits.