Question $6(1$ point$)$

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Under Ontario's ESA a permanent layoff is a deemed termination. This means that employees who are permanently laid off for economic reasons have the same statutory entitlements on termination as other terminated employees.

Question $6$ options:

True

False

Question $7(1$ point$)$

To establish that it had just cause to dismiss an employee, an employer must show both that the alleged misconduct took place and that the nature or degree of misconduct warranted dismissal, keeping in mind all relevant circumstances. Which one of the following is NOT one of the factors that courts normally consider?

Question $7$ options:

the employee's length of service and disciplinary record

whether the misconduct was planned and deliberate or a momentary error in judgment

the employer's size and financial health

the nature of the employee's position

Question $8(1$ point$)$

In a legal dispute concerning whether or not an employer had just cause to dismiss an employee:

Question $8$ options:

the onus is on the employer to show, on a balance of probabilities, that it had just cause

the onus is on the employee to show, on a balance of probabilities, that the employer did not have just cause

the onus is on the employer to show, beyond a reasonable doubt, that it had just cause

the onus is on the employee to show, beyond a reasonable doubt, that the employer did not have just cause

Question $9(1$ point$)$

Yesterday afternoon, just before she was leaving work for the day, Ivana's supervisor came up to her and the five other workers in her department to give them some bad news. The employer would be eliminating their department, and they would all be laid off in five to six months' time. None of the employees in the department has more than five years' service. Which of the following is true?

$($a$)$

$($b$)($c$)$

$($d$)$

Question $9$ options:

the supervisor's comments start the statutory notice period running because the employer has given the employees far more notice than is required under the ESA

the statutory notice period has not started running yet because the exact date of termination is not clear

the statutory notice period has not started running yet because the supervisor did not give the notice in writing

both b and c

Question $10(1$ point$)$

To determine what the termination notice or payment in lieu of notice period should be for an employee who is dismissed without just cause, the employer needs to look to which three areas?

$($a$)$

$($b$)$

$($c$)$

$($d$)$

Question $10$ options:

the employment contract, the Human Rights Code, and the common law

the Employment Standards Act, the common law, and the Canadian Charter of Rights and Freedoms

the employment contract, the Employment Standards Act, and the common law

the Human Rights Code, the Employment Standards Act, and the common law

Question $11(1$ point$)$

Which of the following factors is NOT considered by a court in determining whether an employment contract has been frustrated in the case of prolonged employee illness?

Question $11$ options:

sick pay provisions in the employment contract

the length of employment

the age of the employee

the nature of the illness

Question $12(1$ point$)$

Under Ontario's ESA, what is the minimum statutory termination notice or pay in lieu of notice required for an employee who has worked for an employer for $4(1)/(2)$ years and who is permanently laid off at the same time as $49$ other employees?

Question $12$ options:

$4$ weeks

$5$ weeks

$8$ weeks

$12$ weeks

Question $13(1$ point$)$

A court may find just cause for dismissal based on the fact that the employee lied or tried to conceal the misconduct, even where the misconduct itself was not serious enough to constitute just cause.

Question $13$ options:

True

False

Question $14(1$ point$)$

One of ABC Company's largest customers has just gone bankrupt, and it needs to downsize $10\%$ of its workforce to remain in business. In this situation, ABC Company has just cause under the common law to dismiss the affected employees.

Question $14$ options:

True

False

Question $15(1$ point$)$

To establish just cause under the common law, an employer must prove, on a balance of probabilities, that the employee's misconduct was "wilful."

Question $15$ options:

True

False

Question $16(1$ point$)$

Which one of the following was the landmark Supreme Court of Canada decision that established the need to take a contextual approach in determining whether a dismissal was for just cause?

$($a$)$

$($b$)$

$($c$)$

$($d$)$

Question $16$ options:

McKinley v BC Tel

Weisenberger v Marsh Canada Limited

Obeng v Canada Safeway Limited

Henry v Foxco Ltd$.$

Question $17(1$ point$)$

Bertrand recently told his employer that he planned to retire within the next several months. If Bertrand's employer dismisses Bertrand shortly thereafter, his st