Chapter 9 Review

What is the duty to accommodate?

• The obligation to provide room and board to migrant workers.

• The obligation to satisfy the demands of unionized workers.

• The obligation to assist an employee who has special needs.

• The obligation to help workers suffering from undue hardship.

Which of these behaviours might be considered sexual harassment?

• Holding a co-worker briefly by the waist while squeezing through a small space, such as behind a cash register.

• Pinning up magazine pictures of men in bathing suits in the lunch room.

• Asking a subordinate on a date.

• All of the above.

Which of the following issues is not governed by the Employment Standards Act, 2000?

• vacation pay

• equal pay for work of equal value

• minimum wage

• work hours and overtime

Which of the following statements is false in regard to a union that has been certified?

• The union has the right to prohibit union members from communicating with other unions.

• The union has the right to negotiate a collective agreement with the employer.

• The union may apply to the Ontario Labour Relations Board for a remedy if the employer fails to bargain in good faith.

• The employer may not enter into employment contracts with new employees who would be part of the bargaining unit.

Which of the following is unlikely to result in a successful claim of constructive dismissal?

• significant changes to benefit packages

• relocation to a different city

• reconfiguration of office cubicles

• change in duties or responsibilities

Which one of the following statutes requires an employer to provide paid statutory holidays?

• Ontario Human Rights Code

• Labour Relations Act, 1995

• Pay Equity Act

• Employment Standards Act, 2000

What will happen if the termination clause in an employment contract is found to be unenforceable?

• Courts will apply the minimum statutory entitlements found under the Employment Standards Act, 2000 instead.

• The employer will be required to provide reasonable notice (or pay in lieu of notice) under the common law.

• The employer does not have to provide notice of termination (or pay in lieu of notice) because the parties failed to properly negotiate such a requirement.

• The courts will determine which party had the greatest bargaining power and settle on a result that protects the weaker party.