Matching Exercise

Numerically match each of the statements below with one of the following employment/business law terms or cases. The statements are given below. For example Proportional Value: 20 (just an example surely not correct)

Proportional value ______

PIPEDA _______

Wallace decision ___

Balance of probabilities _____

Termination ______

Bumping _______

Duty to Mitigate _______

McKinley v. BC Tel _________

Aggravated ____

Ontario Labour Relations Board ____

Reasonable _______ Honda Canada v. Keays ______

Without Prejudice _______ Frustration of contract _______

Vicarious liability _______ Contextual approach _______

Constructive dismissal _______ Condonation _______

Proportionality ____

Bill 132 ______

Beyond a reasonable doubt ____

Punitive ______

Employment equity_______

Pay equity _______

Policies _______

Equal pay for equal work _______

Just Cause Dismissal _______ Piresferrerira v. Ayotte _______

1. Under Bill 168 amendments to the Occupational Health and Safety Act in 2010, employers must have these regarding workplace harassment and violence.

2. Janette is a mechanic who wants to file a legal complaint because she is receiving $2 less an hour than the other mechanics who are all male.

3. Doris owns a small cupcake shop in London, Ontario. She is told that she must follow this law for the personal information of her customers but not for the personal information of her employees.

4. Martin's hours are reduced from 40 hours to 25 hours a week by his employer because of difficult economic conditions.

5. Pat, Mel's supervisor, feels sorry for Mel because he knows Mel is going through some personal problems related to his recent separation from his wife. Pat therefore doesn't say too much when Mel comes in late some mornings. However, when other people start coming in late as well, Pat's boss tells Pat to fire Mel to make an example of him. What problem has the employer created for itself in defending a claim for wrongful dismissal?

6. Kayla, who was sexually assaulted by a childcare worker while she was in the care of a non-profit organization, sues the non-profit organization for the harm done to her.

7. Vanessa receives a layoff notice but, based on her seniority, she is able to displace Trevor and Trevor is the one who loses his job.

8. Mark is a male nurse and he wants to file a complaint because he believes that nurses are underpaid compared to other job classes at the nursing home where he works.

9. Ontario Court of Appeal rejects tort of negligent infliction of mental suffering in employment context.

10. Jacob is advised that he is going to be permanently laid off, effective June 1^st, which is considered a ___________________________________________.

11. Fred, the HR manager, makes a settlement offer to Bonita, who was recently terminated for cause. However Fred makes it clear that this offer is made on a voluntary basis and cannot be referred to later (for example in court) as indicating that the employer is admitting liability. This offer is made on a ________________ basis.

12. Jennifer is in a serious car accident and will not be able to return to her job in the foreseeable future, if ever.

13. Ferris, a long- time employee, recently got in a fight with a co-worker. Ferris's boss wants to fire both employees immediately for cause, due to the serious nature of the misconduct. However, the HR manager says, wait a minute, we have to look at how long Ferris and the other employee have worked for us and consider things such as their disciplinary record first.

14. The notice that must be given to a non-union employee who is dismissed without just cause and whose employment contract does not refer to termination notice or pay in lieu of notice.

15. The employer admits that it terminated Roscoe's employment without just cause. However, part of its defense against Roscoe's action for wrongful dismissal damages is that Roscoe would have found a job earlier if he had been diligent in his job search.

16. Standard of proof in a criminal law case

17. Damages awarded to an employee to punish the employer for its malicious conduct

18. The City cannot find a male comparator for its female clerical job class using the job-to-job comparison system so it establishes a "wage line" based on a representative group of male job classes and uses that to make its comparisons.

19. Priscilla thinks that her employer's current policy on education leave creates an unintentional barrier to promoting women in the organization.

20. The Supreme Court of Canada decided that dishonest conduct will warrant dismissal without notice or pay in lieu of notice (i.e. be just cause) only if it goes to the root of the employment relationship.

21. After a fair and thorough investigation, the employer dismissed Greg for stealing money from other employees' lockers and for lying when confronted with the evidence.

22. The Supreme Court of Canada decided that Wallace-type damages should be given as a monetary award that reflects actual damages suffered.

23. Damages previously given by extending the reasonable notice period to employees because of their employer's poor conduct in the way they were dismissed.

24. Standard of proof in a civil law (non-criminal) case

25. Damages awarded to compensate for non-monetary losses caused by the employer's poor conduct.

26. Administrative tribunal that hears cases under the Employment Standards Act, Labour Relations Act, and Occupational Health and Safety Act

27. Ted's employer decides not to terminate him because while his misconduct was serious, it was not so serious that it constituted just cause.

28. Employers in provincially regulated companies in Ontario now must investigate "incidents" (e.g. rumours) as well as formal complaints of workplace harassment.