Test Bank for Employment Law for Business and Human Resources Professionals, 4th Revised Edition by Filsinger

Test bank for Employment Law for Business and Human Resources Professionals 4e 4th Revised Edition by Kathryn J. Filsinger. ISBN-13: 5967 Full Chapters test bank included Part I: Legal Framework Chapter 1: Overview of Legal Framework Learning Outcomes Introduction Sources of Employment Law Judicial Framework Where to Find Employment Laws Defining the Employment Relationship Key Terms References Related Websites Review and Discussion Questions Part II: Hiring Chapter 2: Human Rights Issues: Hiring Learning Outcomes Introduction Overview of Ontario’s Human Rights Code Prohibited Grounds of Discrimination in Employment Additional Grounds of Discrimination Discrimination Not Covered by the Code Exemptions: Where Discrimination Is Allowed 1. Special Service Organizations 2. Bona Fide Occupational Qualifications 3. Nepotism Policies 4. Medical or Personal Attendants 5. Special (Affirmative Action) Programs Recruitment, Selection, and Hiring Essential Requirements of the Job Use of Employment Agencies Advertising a Job Job Applications Job Interviews Conditional Offers of Employment Pre-employment Medical or Fitness Examinations Pre-employment Drug and Alcohol Testing Other Forms of Pre-employment Testing Key Terms References Related Websites Review and Discussion Questions Chapter 3: Common Law Issues Learning Outcomes Introduction Areas of Common Law Liability 1. Misrepresentation by Job Candidates 2. Wrongful Hiring: Negligent Misrepresentation 3. Inducement: Aggressive Recruiting 4. Restrictive Covenants 5. Anticipatory Breach of Contract 6. Inducing Breach of Contract 7. Background Checking: Negligent Hiring Different Types of Employment Relationships Key Terms References Review and Discussion Questions Chapter 4: The Employment Contract Learning Outcomes Introduction Written Employment Contracts Advantages of a Written Employment Contract Implied Terms How Formal Should a Written Contract Be? Common Contractual Terms 1. Job Description 2. Remuneration 3. Term 4. Termination 5. Probationary Period 6. Relocation 7. Benefits 8. Restrictive Covenants 9. Ownership of Intellectual Property 10. Choice of Law 11. Corporate Policies 12. Entire Agreement Clause 13. Inducement 14. Independent Legal Advice 15. Severability Clause 16. Golden Parachute Enforceability and Interpretation of Written Contracts 1. Lack of Consideration 2. Inequality of Bargaining Power 3. Obsolescence 4. Failure to Meet Minimum Statutory Standards 5. Use of Ambiguous Language: Contra Proferentem Rule Key Terms References Review and Discussion Questions Part III During the Course of Employment Part III: During the Course of Employment Chapter 5: Human Rights Issues: Duty Learning Outcomes Review and Discussion Questions Related Websites References Key Terms Human Rights Applications Making and Responding to an Application Remedies Under the Code Penalties Under the Code The Accessibility for Ontarians with Disabilities Act, 2005 Compliance Reporting Employer Liability for Human Rights Violations Employee Benefit Plans Harassment Workplace Harassment Sexual Harassment Sexual Solicitation Promoting a Harassment-Free Workplace Investigating Harassment Complaints On-the-Job Drug and Alcohol Testing Fulfilling the Duty to Accommodate 1. Accommodating Employees with Disabilities 2. Accommodating Employees Who Abuse Drugs or Alcohol 3. Accommodating Employees’ Religious Beliefs and Practices (Creed) 4. Accommodating Employees’ Pregnancy and Breastfeeding Needs 5. Accommodating Employees’ Family Status What Constitutes Undue Hardship? Costs Health and Safety Concerns Other Limits to the Duty to Accommodate The Duty to Accommodate What Constitutes Discrimination? Introduction Chapter 6: Equity in the Workplace Learning Outcomes Introduction Employment Standards Act: Equal Pay for Equal Work Between Men and Women Pay Equity Act: Equal Pay for Work of Equal Value What Is Equal Pay for Work of Equal Value? To Whom Does the Pay Equity Act Apply? Achieving Pay Equity Maintaining Pay Equity Ongoing Monitoring by the Pay Equity Commission Administration and Enforcement Employment Equity The Employment Equity Act The Federal Contractors Program Key Term References Related Websites Review and Discussion Questions Chapter 7: Employment Standards Act Learning Outcomes Introduction General Requirements Application Record Keeping (ESA, s 15) ESA Poster (ESA, s 2) Wages Agreements to Vary Minimum Employment Standards 1. Minimum Wage (ESA, s 23) 2. Equal Pay for Equal Work (ESA, s 42) 3. Hours of Work and Eating Periods (ESA, ss 17 to 21) 4. Overtime (ESA, s 22) 5. Vacation (ESA, ss 33 to 41) 6. Public Holidays (ESA, ss 24 to 32) 7. Statutory Leaves of Absence 8. Lie Detector Tests (ESA, ss 68 to 71) 9. Termination Notice and Severance Pay 10. Temporary Help Agencies Employee Rights Where Employer Is Insolvent 11. Wage Earner Protection Program Administration and Enforcement Filing a Complaint Reprisals The Investigative Process Appeals of Officer’s Decision Offences and Penalties Joint Liability of Related Businesses Ministry of Labour Information Bulletins and Fact Sheets Regulatory Powers to Share Information Between Ministries Key Terms References Related Websites Review and Discussion Questions Chapter 8: Occupational Health and Safety Act Learning Outcomes Introduction The Internal Responsibility System Who Is Covered? Duties of the Workplace Parties Employers’ Duties Workers’ Duties Supervisors’ Duties Constructors’ Duties Owners’ Duties Suppliers’ Duties Duties of Corporate Officers and Directors Duties of Architects and Engineers Duties that Apply to Everyone in the Workplace Workers’ Rights 1. The Right to Participate in the Health and Safety Process 2. The Right to Refuse Unsafe Work/The Right to Stop Work 3. The Right to Know Workplace Violence and Harassment Workplace Violence: Risk Assessment Workplace Violence: Policies Workplace Violence: Programs Workplace Violence: Worker Information and Instruction Domestic Violence Persons with a History of Violent Behaviour Workplace Violence: Best Practices Workplace Harassment (Including Sexual Harassment) Workplace Harassment: Policies Workplace Harassment: Programs Workplace Harassment: Worker Information and Instruction Accidents Accident Reporting Accident Investigation Procedures Administration and Enforcement Administration Ministry Inspections Enforcement Limitation Period Due Diligence Defence Offences and Penalties Reprisals Criminal Liability of Organizations Ontario’s First Conviction and Jail Term under Section 217.1 of the Criminal Code: Metron Construc Planning for a Pandemic Key Terms References Related Websites Review and Discussion Questions Chapter 9: Workplace Safety and Insurance Act Learning Outcomes Introduction Worker Coverage WSIA Benefits Who Is Eligible for WSIA Benefits? What Benefits Can Eligible Workers Receive Under the WSIA? The Duty to Cooperate and the Right of Reinstatement Worker Reintegration and Worker Transition Plans Funding the WSIA System Employer Assessments Experience Rating Workwell Program Second Injury and Enhancement Fund Effective Claims Management Administration and Enforcement Appeals Related Agencies The Right to Sue Key Terms References Review and Discussion Questions Chapter 10: Privacy Inside and Outside the Workplace Learning Outcomes Introduction Personal Information Protection and Electronic Documents Act How Wide Is PIPEDA’s Application? What Is Personal Information? PIPEDA’s Ten Principles Data Breaches and Mandatory Notification Privacy Rights in Private Sector Workplaces in Ontario Unionized Workplaces in Ontario’s Private Sector Non-Union Workplaces in Ontario’s Private Sector Monitoring Computer, Email, and Internet Usage Key Terms References Related Websites Review and Discussion Questions Chapter 11: Navigating the Employment Relationship Learning Outcomes Introduction Employer Policy Manuals Changing Employment Terms and Conditions Amending the Employment Contract Monitoring the Contract Managing Employee Performance and Conduct 1. Performance Appraisals 2. Progressive Discipline 3. Suspensions Without Pay 4. Probation 5. Temporary Layoffs 6. Attendance Management Employers’ Duty to Safeguard Employees and Vicarious Liability for Employees’ Actions Vicarious Liability and the Use of Hand-Held Electronic Devices Some Other Common Law Issues Can An Employee Be Sued for Negligence? Is There Now a “Tort of Harassment”? Key Terms References Review and Discussion Questions Part IV The End of the Employment Relationship and Beyond Part IV: The End of the Employment Relationship and Beyond Chapter 12: Resignation and Retirement Learning Outcomes Introduction Resignation Resignation Should Be Formally Accepted Resignation Must Be Voluntary Inferring Resignation from an Employee’s Conduct or Statements Dismissing a Resigning Employee Wrongful Resignation Exit Interviews Retirement Abolition of Mandatory Retirement at Age 65 Impact of Abolishing Mandatory Retirement at Age 65 Key Term References Review and Discussion Questions Chapter 13: Dismissal With Cause Learning Outcomes Introduction Overview of Just Cause Requirements Onus and Standard of Proof Proportionality and the Contextual Approach Procedural Fairness and Workplace Investigations Ensuring the Sanction Is Proportionate Stating Grounds of Dismissal Condonation Establishing Just Cause Under the Common Law Dishonesty Insolence and Insubordination Incompatibility Off-Duty Conduct Conflict of Interest Disobedience Absenteeism and Lateness Sexual Harassment Psychological Harassment (Bullying) Intoxication Substance Abuse Incompetence Probationary Employees Grounds That Cannot Constitute Just Cause Key Terms References Review and Discussion Questions Chapter 14: Termination and Severance Pay Requirements Under the Employment Standards Act Learning Outcomes Introduction Overview of ESA Termination Requirements Temporary Layoffs (s. 56) Termination Notice or Pay in Lieu Requirements (ss. 54 to 61 and O Reg 288/01) When Is an Employee “Terminated”? Individual Termination Requirements Mass Termination Requirements (s. 58 and O Reg 288/01, s. 3) Exceptions to Individual or Mass Notice of Termination Requirements Severance Pay (ss. 63 to 66 and O Reg 288/01, s. 9) What Is Severance Pay Under the ESA? When Is Employment Severed? Exemptions from Severance Pay Calculating Severance Pay Where an Employee Has Recall Rights When ESA Payments Must Be Made Continuity of Employment Key Terms References Review and Discussion Questions Chapter 15: Dismissal Without Cause Learning Outcomes Introduction Frustration of Contract Wrongful Dismissal How Much Notice Is Reasonable? What’s Better for an Employer: Working Notice or Pay in Lieu of Notice? Structuring a Separation Package The Duty to Mitigate Constructive Dismissal Constructive Dismissal: Repudiation by Breach of Contract Constructive Dismissal: Repudiation without a Specific Breach of Contract (Untenable Work Environmen The Duty of a Constructively Dismissed Employee to Mitigate Damages How Can an Employer Avoid Constructive Dismissal Claims? Wrongful Dismissal Damages Reasonable Notice Damages—The Basic Entitlement Other Types of Wrongful Dismissal Damages Key Points Addressed in Honda Since Honda (2008 On) Wrongful Dismissal Procedures Motions for Summary Judgment