Complete Test Bank for Employment Law for Business and Human Resources Professionals, Revised 4th Edition by Filsinger. All chapters included.
ISBN-13:
... [Show More] 9781772555967
Part I: Legal Framework
Chapter 1: Overview of Legal Framework
Learning Outcomes
Introduction
Sources of Employment Law
Judicial Framework
Where to Find Employment Laws
Defining the Employment Relationship
Key Terms
References
Related Websites
Review and Discussion Questions
Part II: Hiring
Chapter 2: Human Rights Issues: Hiring
Learning Outcomes
Introduction
Overview of Ontario’s Human Rights Code
Prohibited Grounds of Discrimination in Employment
Additional Grounds of Discrimination
Discrimination Not Covered by the Code
Exemptions: Where Discrimination Is Allowed
1. Special Service Organizations
2. Bona Fide Occupational Qualifications
3. Nepotism Policies
4. Medical or Personal Attendants
5. Special (Affirmative Action) Programs
Recruitment, Selection, and Hiring
Essential Requirements of the Job
Use of Employment Agencies
Advertising a Job
Job Applications
Job Interviews
Conditional Offers of Employment
Pre-employment Medical or Fitness Examinations
Pre-employment Drug and Alcohol Testing
Other Forms of Pre-employment Testing
Key Terms
References
Related Websites
Review and Discussion Questions
Chapter 3: Common Law Issues
Learning Outcomes
Introduction
Areas of Common Law Liability
1. Misrepresentation by Job Candidates
2. Wrongful Hiring: Negligent Misrepresentation
3. Inducement: Aggressive Recruiting
4. Restrictive Covenants
5. Anticipatory Breach of Contract
6. Inducing Breach of Contract
7. Background Checking: Negligent Hiring
Different Types of Employment Relationships
Key Terms
References
Review and Discussion Questions
Chapter 4: The Employment Contract
Learning Outcomes
Introduction
Written Employment Contracts
Advantages of a Written Employment Contract
Implied Terms
How Formal Should a Written Contract Be?
Common Contractual Terms
1. Job Description
2. Remuneration
3. Term
4. Termination
5. Probationary Period
6. Relocation
7. Benefits
8. Restrictive Covenants
9. Ownership of Intellectual Property
10. Choice of Law
11. Corporate Policies
12. Entire Agreement Clause
13. Inducement
14. Independent Legal Advice
15. Severability Clause
16. Golden Parachute
Enforceability and Interpretation of Written Contracts
1. Lack of Consideration
2. Inequality of Bargaining Power
3. Obsolescence
4. Failure to Meet Minimum Statutory Standards
5. Use of Ambiguous Language: Contra Proferentem Rule
Key Terms
References
Review and Discussion Questions
Part III
During the Course of Employment
Part III: During the Course of Employment
Chapter 5: Human Rights Issues: Duty
Learning Outcomes
Review and Discussion Questions
Related Websites
References
Key Terms
Human Rights Applications
Making and Responding to an Application
Remedies Under the Code
Penalties Under the Code
The Accessibility for Ontarians with Disabilities Act, 2005
Compliance Reporting
Employer Liability for Human Rights Violations
Employee Benefit Plans
Harassment
Workplace Harassment
Sexual Harassment
Sexual Solicitation
Promoting a Harassment-Free Workplace
Investigating Harassment Complaints
On-the-Job Drug and Alcohol Testing
Fulfilling the Duty to Accommodate
1. Accommodating Employees with Disabilities
2. Accommodating Employees Who Abuse Drugs or Alcohol
3. Accommodating Employees’ Religious Beliefs and Practices (Creed)
4. Accommodating Employees’ Pregnancy and Breastfeeding Needs
5. Accommodating Employees’ Family Status
What Constitutes Undue Hardship?
Costs
Health and Safety Concerns
Other Limits to the Duty to Accommodate
The Duty to Accommodate
What Constitutes Discrimination?
Introduction
Chapter 6: Equity in the Workplace
Learning Outcomes
Introduction
Employment Standards Act: Equal Pay for Equal Work Between Men and Women
Pay Equity Act: Equal Pay for Work of Equal Value
What Is Equal Pay for Work of Equal Value?
To Whom Does the Pay Equity Act Apply?
Achieving Pay Equity
Maintaining Pay Equity
Ongoing Monitoring by the Pay Equity Commission
Administration and Enforcement
Employment Equity
The Employment Equity Act
The Federal Contractors Program
Key Term
References
Related Websites
Review and Discussion Questions
Chapter 7: Employment Standards Act
Learning Outcomes
Introduction
General Requirements
Application
Record Keeping (ESA, s 15)
ESA Poster (ESA, s 2)
Wages
Agreements to Vary
Minimum Employment Standards
1. Minimum Wage (ESA, s 23)
2. Equal Pay for Equal Work (ESA, s 42)
3. Hours of Work and Eating Periods (ESA, ss 17 to 21)
4. Overtime (ESA, s 22)
5. Vacation (ESA, ss 33 to 41)
6. Public Holidays (ESA, ss 24 to 32)
7. Statutory Leaves of Absence
8. Lie Detector Tests (ESA, ss 68 to 71)
9. Termination Notice and Severance Pay
10. Temporary Help Agencies
Employee Rights Where Employer Is Insolvent
11. Wage Earner Protection Program
Administration and Enforcement
Filing a Complaint
Reprisals
The Investigative Process
Appeals of Officer’s Decision
Offences and Penalties
Joint Liability of Related Businesses
Ministry of Labour Information Bulletins and Fact Sheets
Regulatory Powers to Share Information Between Ministries
Key Terms
References
Related Websites
Review and Discussion Questions
Chapter 8: Occupational Health and Safety Act
Learning Outcomes
Introduction
The Internal Responsibility System
Who Is Covered?
Duties of the Workplace Parties
Employers’ Duties
Workers’ Duties
Supervisors’ Duties
Constructors’ Duties
Owners’ Duties
Suppliers’ Duties
Duties of Corporate Officers and Directors
Duties of Architects and Engineers
Duties that Apply to Everyone in the Workplace
Workers’ Rights
1. The Right to Participate in the Health and Safety Process
2. The Right to Refuse Unsafe Work/The Right to Stop Work
3. The Right to Know
Workplace Violence and Harassment
Workplace Violence: Risk Assessment
Workplace Violence: Policies
Workplace Violence: Programs
Workplace Violence: Worker Information and Instruction
Domestic Violence
Persons with a History of Violent Behaviour
Workplace Violence: Best Practices
Workplace Harassment (Including Sexual Harassment)
Workplace Harassment: Policies
Workplace Harassment: Programs
Workplace Harassment: Worker Information and Instruction
Accidents
Accident Reporting
Accident Investigation Procedures
Administration and Enforcement
Administration
Ministry Inspections
Enforcement
Limitation Period
Due Diligence Defence
Offences and Penalties
Reprisals
Criminal Liability of Organizations
Ontario’s First Conviction and Jail Term under Section 217.1 of the Criminal Code: Metron Construc
Planning for a Pandemic
Key Terms
References
Related Websites
Review and Discussion Questions
Chapter 9: Workplace Safety and Insurance Act
Learning Outcomes
Introduction
Worker Coverage
WSIA Benefits
Who Is Eligible for WSIA Benefits?
What Benefits Can Eligible Workers Receive Under the WSIA?
The Duty to Cooperate and the Right of Reinstatement
Worker Reintegration and Worker Transition Plans
Funding the WSIA System
Employer Assessments
Experience Rating
Workwell Program
Second Injury and Enhancement Fund
Effective Claims Management
Administration and Enforcement
Appeals
Related Agencies
The Right to Sue
Key Terms
References
Review and Discussion Questions
Chapter 10: Privacy Inside and Outside the Workplace
Learning Outcomes
Introduction
Personal Information Protection and Electronic Documents Act
How Wide Is PIPEDA’s Application?
What Is Personal Information?
PIPEDA’s Ten Principles
Data Breaches and Mandatory Notification
Privacy Rights in Private Sector Workplaces in Ontario
Unionized Workplaces in Ontario’s Private Sector
Non-Union Workplaces in Ontario’s Private Sector
Monitoring Computer, Email, and Internet Usage
Key Terms
References
Related Websites
Review and Discussion Questions
Chapter 11: Navigating the Employment Relationship
Learning Outcomes
Introduction
Employer Policy Manuals
Changing Employment Terms and Conditions
Amending the Employment Contract
Monitoring the Contract
Managing Employee Performance and Conduct
1. Performance Appraisals
2. Progressive Discipline
3. Suspensions Without Pay
4. Probation
5. Temporary Layoffs
6. Attendance Management
Employers’ Duty to Safeguard Employees and Vicarious Liability for Employees’ Actions
Vicarious Liability and the Use of Hand-Held Electronic Devices
Some Other Common Law Issues
Can An Employee Be Sued for Negligence?
Is There Now a “Tort of Harassment”?
Key Terms
References
Review and Discussion Questions
Part IV
The End of the Employment Relationship and Beyond
Part IV: The End of the Employment Relationship and Beyond
Chapter 12: Resignation and Retirement
Learning Outcomes
Introduction
Resignation
Resignation Should Be Formally Accepted
Resignation Must Be Voluntary
Inferring Resignation from an Employee’s Conduct or Statements
Dismissing a Resigning Employee
Wrongful Resignation
Exit Interviews
Retirement
Abolition of Mandatory Retirement at Age 65
Impact of Abolishing Mandatory Retirement at Age 65
Key Term
References
Review and Discussion Questions
Chapter 13: Dismissal With Cause
Learning Outcomes
Introduction
Overview of Just Cause Requirements
Onus and Standard of Proof
Proportionality and the Contextual Approach
Procedural Fairness and Workplace Investigations
Ensuring the Sanction Is Proportionate
Stating Grounds of Dismissal
Condonation
Establishing Just Cause Under the Common Law
Dishonesty
Insolence and Insubordination
Incompatibility
Off-Duty Conduct
Conflict of Interest
Disobedience
Absenteeism and Lateness
Sexual Harassment
Psychological Harassment (Bullying)
Intoxication
Substance Abuse
Incompetence
Probationary Employees
Grounds That Cannot Constitute Just Cause
Key Terms
References
Review and Discussion Questions
Chapter 14: Termination and Severance Pay Requirements Under the Employment Standards Act
Learning Outcomes
Introduction
Overview of ESA Termination Requirements
Temporary Layoffs (s. 56)
Termination Notice or Pay in Lieu Requirements (ss. 54 to 61 and O Reg 288/01)
When Is an Employee “Terminated”?
Individual Termination Requirements
Mass Termination Requirements (s. 58 and O Reg 288/01, s. 3)
Exceptions to Individual or Mass Notice of Termination Requirements
Severance Pay (ss. 63 to 66 and O Reg 288/01, s. 9)
What Is Severance Pay Under the ESA?
When Is Employment Severed?
Exemptions from Severance Pay
Calculating Severance Pay
Where an Employee Has Recall Rights
When ESA Payments Must Be Made
Continuity of Employment
Key Terms
References
Review and Discussion Questions
Chapter 15: Dismissal Without Cause
Learning Outcomes
Introduction
Frustration of Contract
Wrongful Dismissal
How Much Notice Is Reasonable?
What’s Better for an Employer: Working Notice or Pay in Lieu of Notice?
Structuring a Separation Package
The Duty to Mitigate
Constructive Dismissal
Constructive Dismissal: Repudiation by Breach of Contract
Constructive Dismissal: Repudiation without a Specific Breach of Contract (Untenable Work Environmen
The Duty of a Constructively Dismissed Employee to Mitigate Damages
How Can an Employer Avoid Constructive Dismissal Claims?
Wrongful Dismissal Damages
Reasonable Notice Damages—The Basic Entitlement
Other Types of Wrongful Dismissal Damages
Key Points Addressed in Honda
Since Honda (2008 On)
Wrongful Dismissal Procedures
Motions for Summary Judgment
Cost Awards
Avoiding Wrongful Dismissal Claims
1. Hire Intelligently
2. Include and Update a Termination Clause in Employment Contracts
3. Make Use of Probationary Periods
4. Create a Paper Trail
5. Provide Reasonable Notice of Changes
6. Determine Whether a Just Cause Claim Is Sustainable
7. Absent Just Cause, Determine the Appropriate Notice Period
8. Handle Terminations Professionally
9. Provide Outplacement Counselling
10. Get a Signed Release, Where Possible
11. Carefully Consider All Issues When Providing a Reference
Employment Insurance
Record of Employment
Separation Packages
Key Terms
References
Review and Discussion Questions
Chapter 16: Post-Employment Obligations
Learning Outcomes
Introduction
Duty Not to Disclose Confidential Information
Duty Not to Solicit or Compete with a Former Employer
General Employees
Fiduciary Employees
Implications of an Employee’s Implied Duty of Good Faith
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