Answer this question:

Scenario 1 Laura has provided her services as a contractor for the past six years (renewed annually) to Kids Will Be Kids (KWBK), a not-for-profit organization that raises money to enable children from low-income Ontario families to participate in organized sports. She works full time as the organization's fund-raising coordinator, along with approximately 25 other employees and contractors, at the Belleville office. The board of directors initially brought Laura into fulfill the fund-raising coordinator role after an interview and meeting at which the parties explicitly discussed, and verbally agreed to, her rate of pay, benefits, hours of work, and role expectations. By all accounts Laura, who is 57 years old, has been an excellent coordinator. She has shown up for work at the Belleville office daily, uses the organization's technology and donor database appropriately, implements board decisions in a timely fashion, and plays a key role in keeping KWBK on track for realizing fund raising objectives. For all of the first four years of her work with KWBK, she received positive feedback on her performance. Last year, things began to change. According to colleagues, Laura now often arrives late, takes prolonged lunch breaks a few times a week, has been reported as smelling strongly of alcohol, and has slurred her words at work on several occasions. About 6 months ago, an employee advised the organisation's president that Laura had confided to him that she formally struggle with addiction. A subgroup of the board of directors organized a meeting with the new HR manager, Karl, to discuss the situation. Based on the information from staff and these developments, the board does not wish to continue with Laura in the coordinator role. The board further advise that based on the initial verbal contract with Laura, the annual agreement for the year is set to expire at the end of the month. The board asks Karl to review the situation and advise on how to proceed. Questions 1- 5 refers to Scenario 1

1. The board requests advice on whether the agreement entered into with Laura forms the basis of a binding contract. What should Karl advise? A. The agreement is not binding because it was verbal, and the terms were never stipulated and agreed upon in writing. B. The agreement is not binding because it involves an independent contractor and not an employee. C. The agreement is binding because it included an offer, acceptance of the offer, and consideration.

2. What should Karl advise the board about Laura's employment status with respect to the decision to not renew her contract? A. If Laura decides to challenge this decision, an arbitrator or judge would consider her to be an independent contractor. B. If Laura decides to challenge this decision, an arbitrator or judge would consider her to be an employee. C. If Laura decides to challenge this decision, an arbitrator or judge would consider her to be a dependant contractor.

3. Which of the following best describes Laura's right to termination pay, notice, or pay in lieu of notice under the circumstances? A. Laura has no entitlement to termination pay, notice or pay in lieu of notice in accordance with the ESA, 2000. B. Laura would be entitled to termination pay, notice or pay in lieu of notice as damages in accordance with common law standards. C. Laura would be entitled to termination pay, notice or pay in lieu of notice in accordance with the ESA, 2000.

4. The board is concerned that despite allowing Laura to work to the end of her contract, she will likely challenge its decision to not renew her contract. The board asked Karl what legal resources is available to Laura and the likelihood of her success will stop which of the following is Karl's best response? A. Laura could successfully pursue a claim against KWBK for wrongful dismissal and/or a human rights complaint for adverse differential treatment. B. Laura could successfully pursue a claim against KWBK for breach of contract. C. Laura could successfully pursue a claim against kW BK4 constructive dismissal and/or are human rights complaint for adverse differential treatment.

5. The board asks Karl if it needs to address the employee accounts of Laura's recent behaviour and the potential effect it may have had on her performance. What is the most appropriate advice for Karl to provide? A. Laura's behaviour is completely unacceptable. Because it has created a risk to the reputation of KWBK, she should be terminated immediately. B. KWBK should follow up with the employees and enquire with Laura to obtain more information before proceeding, C. Because Laura failed to raise the topic of her addiction for the purpose of requesting accommodation, the organization is not obligated to take this into consideration when addressing.

Scenario 2 Action is an Ontario-based not-for-profit organization dedicated to political lobbying for social changes. Trevor is one of Action's fundraisers. He has been employed with Action for 6 years. When Trevor was hired, Action had him read all its policies and procedures. Since then, Trevor has been left to work independently. Trevor has always made mistakes in his work. He routinely forgets to follow up with past donors, missing valuable opportunities to request additional donations. Lately, his mistakes have become more serious. Trevor recently failed to collect the correct amount of money from donors who had already committed to donate, causing the organization to lose more than $1000. Trevor's manager started documenting Trevor's mistakes about a year ago. He has consistently documented what was asked of Trevor, among with Trevor's errors. He has kept the information in a secure folder in his office and has kept Trevor's performance issues private, not even discussing them with Trevor. Action contacts Paras, an HR Consultant, for advice in terminating Trevor. Question 6-9 refers to Scenario 2

6. ActionNow wants to terminate Trevor because on the basis of his poor performance. What should Paras advise is the main flaw in ActionNow's plan to terminate Trevor for cause? A. ActionNow has not provided Trevor with adequate training. B. ActionNow did not clearly communicate the required performance standards to Trevor. C. ActionNow did not monitor Trevor's performance for long enough.

7. ActionNow continues to monitor Trevor's performance, including reviewing the required performance standards with Trevor and offering him additional training. Trevor's manager tells him," your performance better improve over the next 6 months - or else there could be consequences!" After 6 months, Trevor's performance has still not improved. What is Paras likely to tell ActionNow about his ability to terminate Trevor for cause at this point? A. ActionNow cannot terminate Trevor for cause because his manager did not inform him he could be terminated if he did not improve. B. ActionNow cannot terminate Trevor for cause because his manager threatened him. C. ActionNow can terminate Trevor for cause because his manager clearly -------- consequences if he did not improve.

8. ActionNow decides to terminate Trevor without cause at the end of the fiscal year. Trevor did not take any of his paid vacation entitlement during the year. How much vacation pay should Paras advise ActionNow to provide to Trevor on termination? A. Trevor is entitled to 6% of his wages earned. B. Trevor is entitled to 4% of his wages earned. C. Trevor is not entitled to any vacation pay.

9. According to ESA, 2000, how long must Trevor's employee health benefits be maintained after he is terminated? A. 0 weeks B. 2 weeks C. 6 weeks

Scenario 3 Mike has been a purchasing agent for the Government of Ontario for 5 ?? years, purchasing furniture, equipment, and supplies for approximately 4,000 employees. Along with one colleague, Mike is also responsible for purchasing computers and laptops. - Mike's supervisor, Janina, notices 3 months ago that the section's expenditures exceeded the amount budgeted for the quarter. - While investigating the overspending, she determined Mike ordered 3 laptops, each on a different occasion, that were received but remained unaccounted for within the organisation. She suspects Mike sold them on the side for personal profit. - According to the organisation's discipline policy, misconduct involving fraud or theft is grounds for immediate termination. - Mike has no previous discipline on file and he signed off on the employer's HR policies when he was hired. Janina met with Mike, his union representative, and Jackie, the HR advisor, to give Mike the opportunity to respond to the allegations. During the meeting, Mike admitted ordering the 3 laptops and selling them. He explained he used the money to buy cannabis and other drugs, which he acknowledged he generally uses daily. He apologized and appeared remorseful. Mike also said that he suffers from depression and has been seeing a therapist for some time. He believes his mental health condition played a role in his actions and lack of judgment. Mike has offered to provide the employer with additional information related to his medical issues and to seek treatment if given another chance. Mike's collective agreement, which has expired and is being renegotiated, includes provisions for severance pay related to termination for non-disciplinary reasons, among other circumstances. Questions 10-14 refers to Scenario 3

10. If the employer decides to terminate Mike for cause, would he be entitled to severance pay, and on what basis? A. Yes. Mike would be entitled to severance pay under the ESA, 2000. B. No. Mike would not be entitled to severance pay under his collective agreement or the ESA, 2000. C. Yes. Mike would be entitled to severance pay under the provisions of his collective agreement.

11. The collective agreement, which includes grievance procedures, has recently expired and is being renegotiated. Supervisor Janina wants to know whether mike would be able to grieve his termination if the organization decides to terminate his employment. What should Jackie advise? A. Mike would not be able to grieve his termination, but he could file a civil claim against the employer. B. Mike would not be able to grieve his termination, but he could file a complaint with the Ontario Human Rights Commission. C. Mike would be able to grieve his termination.

12. If Mike is found to be responsible for his misconduct, which of the following presents the most appropriate mitigating factors for Jackie to consider in recommending a disciplinary course of action? A. It is his first offence in 5 years on the job and he shows genuine remorse. B. It is his first offence in 5 years on the job and the thefts were the result of momentary lapse in judgment. C. It is his first offence in 5 years on the job and the thefts were an isolated incident.

13. Mike asks Jackie if he will be eligible for retroactive salary increases that the union is currently negotiating if he is terminated before the parties reach a settlement and ratify the agreement. What should Jackie tell him? A. Mike will be eligible only if the organization has established a past practice of making such adjustments for former employees. B. Mike will be eligible if the effective date of the new collective agreement precedes the date of his termination. C. Mike will not be eligible if he is no longer an employee of the organisation when a collective agreement is reached.

14. Mike currently has 15 days of earned but unused vacation leave. What should Jackie advise with respect to this leave being cashed out should the employer decide to terminate Mike's employment for cause? A. Mike would not be entitled to this pay because his termination is for cause. B. Mike would be entitled to this pay. The value of the stolen laptops can be deducted with his written authorization. C. Mike would be entitled to this pay after deducting the value of the stolen laptops.

Scenario 4: Action is an Ontario-based not-for-profit organization dedicated to political lobbying for social changes. Trevor is one of Action's fundraisers. He has been employed with Action for 6 years. When Trevor was hired, Action had him read all its policies and procedures. Since then, Trevor has been left to work independently. Trevor has always made mistakes in his work. He routinely forgets to follow up with past donors, missing valuable opportunities to request additional donations. Lately, his mistakes have become more serious. Trevor recently failed to collect the correct amount of money from donors who had already committed to donate, causing the organization to lose more than $1000. Trevor's manager started documenting Trevor's mistakes about a year ago. He has consistently documented what was asked of Trevor, among with Trevor's errors. He has kept the information in a secure folder in his office and has kept Trevor's performance issues private, not even discussing them with Trevor. Action contacts Paras, an HR Consultant, for advice in terminating Trevor. Question 15-18 refers to Scenario 4.

15. ActionNow wants to terminate Trevor because on the basis of his poor performance. What should Paras advise is the main flaw in ActionNow's plan to terminate Trevor for cause? D. ActionNow has not provided Trevor with adequate training. E. ActionNow did not clearly communicate the required performance standards to Trevor. F. ActionNow did not monitor Trevor's performance for long enough.

16. ActionNow continues to monitor Trevor's performance, including reviewing the required performance standards with Trevor and offering him additional training. Trevor's manager tells him," your performance better improve over the next 6 months - or else there could be consequences!" After 6 months, Trevor's performance has still not improved. What is Paras likely to tell ActionNow about his ability to terminate Trevor for cause at this point? D. ActionNow cannot terminate Trevor for cause because his manager did not inform him he could be terminated if he did not improve. E. ActionNow cannot terminate Trevor for cause because his manager threatened him. F. ActionNow can terminate Trevor for cause because his manager clearly -------- consequences if he did not improve.

17. ActionNow decides to terminate Trevor without cause at the end of the fiscal year. Trevor did not take any of his paid vacation entitlement during the year. How much vacation pay should Paras advise ActionNow to provide to Trevor on termination? D. Trevor is entitled to 6% of his wages earned. E. Trevor is entitled to 4% of his wages earned. F. Trevor is not entitled to any vacation pay.

18. According to ESA, 2000, how long must Trevor's employee health benefits be maintained after he is terminated? D. 0 weeks E. 2 weeks F. 6 weeks

Scenario 5 Khalil is the HR manager at a small federal Crown corporation that is about to be privatized and divested to a new operator. The employees at the organization are not unionized. Khalil is reviewing the legislation to determine how the change in operators will affect employee and HR matters. Questions 19- 21 refers to Scenario 93

19. Employees are asking Khalil what will happen to them when the change in operators occurs. The employees know that if they were unionized, the new operator would have to recognize their collective bargaining rights under the Canada Labour Code. What should Khalil advise the employees? A. Non-union employees are excluded from the sale-of-business language under the Canada Labour Code. The new operator has sole discretion on whether to retain them. B. Non-union employees are excluded from the sale-of-business language under the Canada Labour Code. That therefore must receive notice and severance before the change in operators occurs.

20. Khalil realizes that Andrew, an employee in the finance division, has not returned after an approved 6-month unpaid leave of absence. Andrew has now been away from work for 8 months, during which time he has not been paid wages or received benefits. What is Andrew's status after the new operator takes control? A. Andrew is considered terminated as of 2 weeks after the approved 6-month leave ended. B. Andrew is considered terminated effective the day before the new operator takes control. C. Andrew is considered actively employed and is entitled to return to work after the new operator takes control.

21. Khalil wants to be prepared in case it becomes necessary to lay off any employees. What is the correct method for calculating an employee's severance pay? A. Average earnings for the past 4 complete weeks, excluding overtime. B. Average earnings for the past 4 complete weeks, excluding overtime and sick leave. C. average earnings for the past 4 complete weeks, excluding overtime and vacation.