CHRL Law Practice Exam

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• Which protected ground is specifically noted as 'in employment only'?
• Which act governs provincially-regulated employment in Ontario?
• Its decisions are binding on the entire country.
• Is overtime pay potentially available to employees with duties that are both managerial and non-managerial?
• Why are pay stubs important when it comes to severance pay?
• If an employee refuses to work alongside a previously violent employee, what happens?
• Which method is described as a direct job-to-job comparison between male and female job classes?
• Vacation must be taken within how many months after the entitlement year?
• For termination with cause based on dishonesty, which elements must be proven?
• When an employee has a disability affecting performance, what is the typical approach before termination?
• What discriminatory practice occurred in Gibbs v. Battlefords, 1996 regarding employee disability benefits?
• Can you terminate with cause for innocent absenteeism? How about for culpable absenteeism?
• Which of the following is an implied term example mentioned in the material?
• Termination pay must be received by the employee by which time?
• In the holiday pay scenario, Pradeep earns $160 per day, works five days a week, and was not on vacation during the four weeks before a public holiday. Under the Last and First Rule, what is his holiday pay amount?
• Proxy comparison requires the employer to look outside its own organization for what?
• Which of the following is true regarding EI benefits for workers who take family medical leave?
• Which of the following is NOT an example of a restrictive clause?
• Which statement correctly describes termination pay timing?
• Which of the following conditions can enable severance eligibility for large employers?
• If 500 or more employees are terminated, they are entitled to how many weeks of notice?
• Who is responsible for lodging a complaint if an ESA violation is suspected?
• To qualify for severance pay, an employee must have worked for the employer for at least how many years?
• Older employees are entitled to substantially more notice of termination than their younger counterparts. Which group is the comparison made against?
• What best captures the idea of unconscionability in a contract?
• The maximum length of donor organ leave is how many weeks?
• What is the minimum threshold for a mass termination?
• If 50 to 199 employees are terminated, they are entitled to how many weeks of notice?
• Which statement best defines constructive dismissal?
• Which statement about severance payments is true when an employee resigns during their termination notice period?
• Who investigates critical injuries, fatalities, work refusals, and health and safety complaints, and initiates prosecution under the OHSA?
• Under Bill 47, remedial certification has been made ______ likely.
• If no formal agreement exists between employer and employee, which law will apply to termination, notice and severance?
• If an employee posts racist and sexist content online and shows no remorse, could they be terminated for cause?
• To qualify for severance in Ontario, which payroll condition is required?
• What best distinguishes an independent contractor from a dependent contractor?
• Which Act outlines an employer's workplace health and safety requirements and states safety is a joint responsibility?
• Which of the following is NOT one of the four elements required for a valid contract?
• Which other legislation, in addition to the OHSA, strives to ensure a healthy and safe workplace with protections to employees?
• Salaried employees can receive overtime pay.
• What term refers to damages intended to place an employee in the position they would have been in had proper working notice been given?
• Which agencies help enforce the Code?
• Why do employers use restrictive clauses?
• Which funding options can be considered for necessary accommodations?
• At the conclusion of a work refusal investigation, what must the ministry inspector do?
• Not paying into a terminated employee's pension or benefits when required can lead to which remedy?
• Under Bill 47, remedial certification will only be granted if
• Under the OHSA, which of the following is an employee duty?
• Enforcement of the ESA is a ______-based process.
• What is usually best practice for delivering a notice of termination in non-contentious situations?
• Non-compliance with the act regarding background checks can result in fines up to how much?
• Which of the following is an implied term commonly recognized in employment contracts?
• On which day must the copy of Form 1 be posted so that all employees can see it?
• The PEA stands for which of the following?
• Under OHSA, which group is exempt from the prohibition on requiring high heels?
• In the context of dishonesty leading to termination with cause, the 'bond of trust' is which of the following?
• What are the two common problems employers often need to address that can cause confusion during terminations?
• What is the recommended practice for handling background check responses?
• Bill 47, also known as Making Ontario Open for Business Act, affects worker classification by removing what?
• What does legality mean in contract enforceability? Choose the best description.
• Personal Information and Protection and Electronic Documents Act (PIPEDA) may apply to situations involving which group of employees?
• What are the core elements of the Meiorin Test that an employer must demonstrate?
• Common Law in this context is best described as?
• What is said about alcohol and drug testing at the recruitment and hiring stage in Ontario?
• When should fitness exams be conducted, and what is required of the tests?
• In the Meiorin test, the Supreme Court said employers cannot create a discriminatory rule with what in mind?
• The statement 'This means that only workers for larger employers can qualify for severance when terminated' is best understood as:
• Which are the forms of an employment contract?
• If overtime hours are compensated with time off in lieu and 8 overtime hours are earned, how many hours off are typically given?
• Can an employee legally forfeit a statutorily-protected right?
• The Pay Equity Act is a provincial piece of legislation.
• Which category of organization may be exempt from certain hiring restrictions if it primarily serves people of a protected group?
• Which of the following is an example of constructive dismissal involving compensation?
• In a mass termination, which form must be submitted to the Director of Employment Standards and posted?
• Which case limited federal jurisdiction over employment law to industries of national, international, or inter-provincial importance?
• Which condition, in addition to payroll, can make an employee eligible for severance?
• What is consideration in contract law?
• What are the minimum wage rates for adults and students (under 18) in September 2021?
• Which of the following is NOT an example of a restrictive clause?
• Which method is NOT listed as a popular way to deliver termination notice?
• Which areas does the Canada Labour Code regulate in federally regulated industries?
• Which statement about overtime pay rates is correct?
• Which Act regulates human rights and equity in Canada?
• If a waiter works 48 hours per week for two weeks, how many overtime hours are owed for the two-week period?
• When evaluating a candidate with a suspected disability, what approach is advised?
• Which of the following is listed as an original ground of discrimination under the Code?
• Consideration usually takes the form of ...
• For overtime eligibility, if an employee performs several types of duties, what minimum percentage of those duties must be overtime-eligible to qualify for overtime pay?
• Which term describes the response that modifies the original offer?
• In mass termination, to whom must Form 1 be submitted?
• Under OHSA, which statement is an employer duty?
• Under the 3-hour rule, when an employee reports to work for a regular shift but works three hours or less, the employee must be paid the higher of which calculations?
• Does the ESA permit employers to lower the rate of pay to achieve equal pay for equal work?
• A revised contract will require new consideration in the form of a raise, an additional benefit, a change to the job title, or something new of value.
• Under the ESA, if the purchaser employs an employee of the seller after a sale, the sale
• Payment in lieu of notice is often the preferred option in which scenario?
• Which areas does the Canada Labour Code cover for federally regulated industries?
• A single incident of which misconduct could be grounds for dismissal?
• What is the maximum severance period under the ESA?
• If a company with 10,000 employees terminates 1,000, would that be considered a mass termination under the described rule?
• How is termination pay calculated when termination occurs?
• Which case determined that employment law was a provincial responsibility and does not apply to federally-regulated workplaces?
• Who carries out the OHSA's objectives?
• An employee who is an alcoholic and has a horrible incident in front of clients: can he be terminated for cause?
• The duty to accommodate is what kind of responsibility?
• What is a commonly cited advantage of collective agreements?
• During a merger, when should you review the pay equity plan?
• Are tribunals courts?
• The Sexual Violence and Harassment Action Plan Act is Bill number what?
• Which court handles disputes totalling less than a fixed monetary threshold?
• Which Act deals with the collective bargaining process and the right of employees to unionize, with limited applicability to workers in non-unionized workplaces?
• Public holiday pay entitlement is calculated by taking all regular wages earned in the four weeks before the work week that has the public holiday plus all vacation pay payable in the four weeks before the work week that has the public holiday, divided by what?
• The offer must be clear and unequivocal. The offer must be __________ without changes.
• Who does the 3-hour rule apply to?
• What is a stated purpose of conducting background checks in HR practice?
• Which factor determines the amount of vacation pay an employee is entitled to?
• Under the Last and First Rule, which statement is true?
• Disputes totalling less than $35,000 are heard in the Small Claims Court.
• Compassionate Care leave is a __ form of legislation.
• What is the standard frequency for pay equity plan reviews under normal circumstances?
• What is the first step in handling misconduct according to standard procedure?
• How should a misrepresentation of a minor issue in an application be treated in employment decisions?
• Which statement best describes the difference between independent contractors and regular employees regarding taxes and benefits?
• Under OHSA, which statement correctly describes a duty to implement safety measures?
• The ESA does not apply to which group?
• Nepotism policies are applicable to which stage of the employment process?
• Which statement best defines gender expression?
• Which Act broadens requirements for accommodating disabilities in Ontario workplaces?
• To avoid wrongful dismissal for a long-tenured employee, a severance package should reflect which factors?
• Which law deals with unionized employees?
• Which of the following are essential elements of a contract?
• If there is a conflict between the Code and other provincial laws, which applies?
• Non-unionized employees rely on which two instruments?
• How are tribunals best described?
• When health and safety requirements override accommodation, what should be done?
• In termination with cause, what does the term proportionality mean?
• What is the highest legal authority in the country?
• Which statement about independent contractors in Ontario and Canada is supported by the material?
• What is a cooling off period?
• Which statute aims to prevent discrimination in the workplace and acts as an extension of Section 15 of the Charter?
• Marilyn may qualify for compassionate care benefits if she takes family medical leave.
• Which statement about naming parties in a human rights claim is true?
• The Divisional Courts are below which court in the Ontario hierarchy?
• What are the two benefits of providing a cooling-off period?
• If an employee earned $4,200 over the prior 12 weeks, what is the weekly amount used to calculate termination pay?
• If a union is involved, who shares responsibility for accommodation?
• Which employees are governed by a collective agreement?
• Which statement best describes when dishonesty constitutes grounds for termination?
• Independent contractors are not typically covered by which act?
• According to the decision in Wilson v. Atomic Energy Canada Ltd., federally-regulated employees cannot be dismissed without just cause.
• In Ontario, what is the highest court?
• Termination law in Canada is drawn from which sources?
• What is the standard for accommodation under the Code?
• Under the Last and First Rule, the employee is entitled to public holiday pay if they work all of their last regularly scheduled day before the public holiday or all of their first regularly scheduled day after the public holiday.
• Which pay equity method is used as an indirect approach when direct comparisons cannot be made?
• Under common law, what is the maximum notice an employee can receive on termination?
• Which statement best describes constructive discrimination under the Code?
• Which of the following is NOT listed as a basic element of all employment contracts?
• Under Bill 47, return to work rights have been reduced to ______ months.
• How do collective agreements differ from typical employment contracts?
• Which Act regulates federally regulated industries' employment standards, collective bargaining, and health and safety?
• Under OHSA, what must the Ministry show to convict?
• Which of the following is a Bona Fide Occupational Requirement (BFOR) concept in hiring?
• If a termination clause is not properly understood or signed after hire, what can happen?
• What is the doctrine of precedent, where similar cases are decided in a similar way?
• Which of the following is NOT a Bardal factor?
• Which statement best defines gender identity?
• Public holiday entitlement applies regardless of employment status when which condition is satisfied?
• Two key principles of the Pay Equity Act (PEA) include which of the following?
• What is defined as the time from the employee's termination notice until the end of the notice period?
• Which is a Bardal factor used to determine common-law notice?
• Can someone forgo their vacation time?
• According to OHRC guidelines, which three factors are central to the duty to accommodate?
• Which example describes a performance deficiency rather than improper behaviour?
• In a Refusal to Work situation, parties in disagreement with the Ministry of Labour inspector's decision can appeal to which body?
• Which statement about notice requirements based on the number of terminated employees is true?
• Which of the following is NOT a Bardal factor for determining common-law notice?
• Which of the following is NOT a factor to consider when assessing context?
• An unambiguous termination clause can limit entitlements to which of the following?
• What is the correct order in the progressive discipline process?
• Which of the following is an example of innocent absenteeism?
• The severance eligibility described primarily applies to which type of employers?
• Which sequence describes the proper misconduct procedure?
• What is the recommended HR practice for evaluating claims made by applicants during interviews?
• Which Act outlines the minimum terms of employment, such as vacation pay and overtime?
• Which courts are below the Ontario Court of Appeal?
• Which statement about definite and indefinite contract timelines is supported by the material?
• In termination packages, which statement about bonuses is true?
• If a business is sold and the new owner continues to employ an employee without issuing a new contract, what is the likely implication if the employee is later terminated?
• What is advised when conducting background checks on applicants?
• Culpable absenteeism refers to what?
• Is notice required for temporary layoffs?
• Which statement best describes implied terms in employment contracts?
• Bill 132 makes major changes to which Ontario businesses?
• None of these notice requirements apply if which condition is met?
• Besides the annual review, when else must the pay equity plan be reviewed?
• What is a misrepresentation?
• Which statement about PIPEDA's applicability to Ontario is true?
• Which of the following is NOT a factor used in calculating reasonable notice under common law?
• Under the Last and First Rule, what denominator is used to calculate public holiday pay?
• If an employer provides a greater right or benefit than the minimum standard, which provision applies to the employee?
• The layoff timeframe can be extended to 35 weeks in a 52-week period if certain criteria are met. Which set of criteria qualifies?
• Which act addresses pay equity and ensuring equal pay for work of equal value?
• What is the federal statute that aims to eliminate discrimination in the workplace?
• Which statement accurately describes when an employer may withhold payment from an employee?
• For changes to employee terms to constitute constructive dismissal, what must the employee do?
• Which term describes a single lump-sum payment made upon termination according to predefined circumstances?
• Which statement accurately reflects vacation pay percentages by tenure?
• What are the two recognized types of absenteeism under common law?
• Is nicotine addiction or dependence considered a disability in Ontario?
• Which statement about termination clause limitations is accurate?
• Under the ESA, severance entitlement is 1 week per year of service. How is the total severance calculated?
• Which act governs family medical leave as described in the material?
• When a newly merged company implements a new communication platform, under what condition is a pay equity review required?
• Which of the following acts is a provincial statute governing employment in Ontario?
• Offences under the OHSA are known as
• Which statement about federally-regulated employees per Wilson is correct?
• Generally speaking, an employee's off-the-clock behavior cannot present grounds for termination with cause.
• The practice of granting or withholding employment to a spouse, child, or parent of the employer or of an employee is called what?
• What term refers to individuals hired to provide care to ill, aged, or infirm persons?
• An employee with six years of service is entitled to how many weeks of notice (before any severance or payment in lieu)?
• What sets out the essential terms, duties, and responsibilities of each party in the employment relationship?
• Is a mentorship program for employees under 30 discriminatory under the Code?
• What are the two main sources of law affecting the hiring process?
• Termination for insubordination is not easy to justify.
• What elements are required for terminating an employee for a conflict of interest to be justified?
• Under the discussed 10% rule for mass terminations, which scenario would not constitute a mass termination?
• Severance pay is not the same as termination pay. Which option correctly states this relationship?
• Which statement best explains why dishonesty can justify termination?
• To terminate for a conflict of interest, which conditions must exist?
• Which of the following statements is NOT a requirement for severance eligibility?
• Contracts cannot be changed ____________.
• Under workplace accommodation rules related to childcare, when does the employer's duty to accommodate become active?
• Bill C-65 amendments strengthen the Canada Labour Code by addressing what?
• Regarding the Canada Labour Code, Bill C-____ makes amendments to strengthen the existing framework for the prevention of harassment and violence, including sexual harassment and sexual violence, in the workplace.
• Is not fitting in with a company culture grounds for termination with cause?
• Length of service has what effect on termination pay entitlements?
• Which Act sets the minimum requirements that are required in a collective agreement?
• If 200 to 499 employees are terminated, they are entitled to how many weeks of notice?
• Which Act requires employers to provide equal pay for equal work?
• Which of the following is an objective of the Workplace Safety and Insurance Act and its related tribunals?
• Which court would hear an appeal from a tribunal in Ontario?
• In termination with cause, what does the term Context refer to?
• What is the federal statute that serves as the counterpart to Ontario's Human Rights Code?
• When an employee loses the use of a company vehicle in a termination scenario, what compensation is appropriate?
• Which of the following has courts considered as additional factors influencing notice beyond the Bardal factors?
• Bill 66 expands the definition of 'non-construction employers' to include which of the following?
• What are the vacation pay percentages based on years of employment?
• What is the primary purpose of affirmative action programs?
• What term describes behavior when an employee refuses to follow reasonable instructions and shows disrespect?
• Which of the following is NOT a factor considered when assessing context?
• Payment in lieu of notice refers to which concept?
• What is the weekly overtime threshold under the Employment Standards Act?
• Can an employer deduct pay for faulty work or for money missing from a cash register?
• What must be done for an affirmative action program to be approved?
• What is severance pay not the same as?
• The POA referenced in OHSA prosecutions stands for which of the following?
• Which of the following are components commonly included in background checks?
• What is the maximum number of weeks of notice under the standard rule of one week per year (up to eight years)?
• Which law deals with non-unionized employees?
• Which accommodations may be used for employees with a drug-related disability?
• Which federal statute governs personal information and electronic documents and may apply to workplace contexts?
• What are the three considerations used to determine undue hardship?
• Which statement about posting Form 1 in a mass termination is true?
• A two-week period yields 8 overtime hours. How many hours of pay does this translate to if applying the standard overtime rate of time-and-a-half?
• Is personal use of a company car considered a benefit to be included in a termination package?
• Divisional Courts hear appeals from which sources?
• The Employment Equity Act is a _________ legislation.
• Which of the following is a valid cause for termination with cause?
• Which is NOT an OHSA core right?
• Would stealing $200 from a cash register amount to termination with cause?
• Which of the following statements about pension earnings and reasonable notice damages is true?
• You must have ________ an offer and an acceptance in order to have a valid employment contract.
• Under the Canada Labour Code, termination, notice and severance pay are governed by three elements. Which of the following is one of those elements?
• Asking for changes to be made to an offer constitutes a __________.
• When the minimum standards have not been met, courts will likely impose the Common Law maximum.
• Do nepotism policies need to be demonstrated as a bona fide occupational requirement under the Code?
• To change a contract, _________ consideration is often required.
• Criminal record checks may touch on a prohibited ground under the Code. What do they restrict disclosure of?
• Under the Code, which of the following is included in 'Sex' as a protected ground?
• After introducing a new technology, when is a pay equity review triggered?
• Which statement best describes the difference between an independent contractor and a dependent contractor?
• For ESA medical leave, if a medical certificate is not obtained, what happens?
• In addition to notice, what must employers continue to provide during the notice period?
• Which statement best defines harassment and violence under the Canada Labour Code?
• Which of the following is NOT a protected social area under the Code?
• Which statement accurately describes independent contractors?
• Affirmative action applies to how many prohibited grounds in the Code?
• How many years of service are required to be eligible for severance?
• Which legislation takes precedence over other provincial laws in Ontario?
• Under the Last and First Rule, which formula correctly describes holiday pay?
• The act of knowingly assigning work to employees who observe the Sabbath can amount to discrimination based on
• When must termination pay be paid to an employee entitled to termination pay?
• The cooling-off period helps protect the employer against wrongful termination claims.
• If an employee has nine years and three months of service and earns $950 per week, what is their ESA severance entitlement?
• Should unions support accommodation measures even if they conflict with a collective agreement?
• Which layoff duration would be considered a constructive dismissal according to the rule described?
• Which group generally cannot be terminated without just cause, given proper notice?
• Which is identified as one of the most common forms of workplace discrimination?
• Which statute provides a mechanism for dealing with work-related injuries and diseases via a tribunal instead of direct lawsuits?
• What is the term used for the compensation intended to support an employee after a job loss?
• A mass termination is defined as the termination of how many or more employees within how many weeks?
• Which of the following is an example of constructive dismissal?
• Which of the following is listed as a protected ground under the Code?
• The Organ Donor Leave can be extended more than once but not for more than how many additional weeks?
• Under the contextual approach to termination, which factors are used to assess context?
• An alternative enforcement mechanism of the ESA is through which of the following?
• An employment contract that provides more notice than required by the ESA could be seen as wrongful dismissal in which scenario?
• Under Bill 47, unions can no longer access employee lists and contact information by establishing ____% support.
• Terminate with cause for culpable absenteeism is permitted only if the absence had large repercussions to the business.
• In electronic delivery guidance, which scenario justifies using electronic delivery methods?
• What is a key requirement for the validity of notice delivery regardless of method?
• If an employee believes they have suffered a reprisal for refusing unsafe work, they have a right to file a complaint with which body?
• Why can employers recover past wage overpayments?