HRMT 3125 TEST #2F
(Take Home) Summer 2016 STUDENT
ANSWER SHEET
Name:___________________________________________________________
MUILTIPLE CHOICE – Choose the one alternative that best
completes the statement or answers the question.
1. 2. 3. 4. 5. 6.
7. 8. 9. 10. 11. 12.
SHORT WORD ANSWERS:
Write the word or phrase that best completes each statement or answers
the question. Provide the section number
of the statute or regulations to support your answer if the answer involves legislation. BE BRIEF.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
HRMT 3125 – EMPLOYMENT LAW TEST
#2F (TAKE HOME)
This is an individual assignment. Students are not permitted to collaborate.
NAME:
__________________________________
This test is due in
class at the start of the class July 8, 2013.
In the interests of fairness tests received after that time cannot be
accepted. The test must be submitted in a hard copy form and may not be
submitted by e-mail, on disc, flash drive or any other electronic means.
MULTIPLE CHOICE. Choose the one alternative that best
completes the statement or answers the question.
1.
Which of the following is not an
employee responsibility in the duty to accommodate?
(a) providing full disclosure and medical
information, including diagnosis, prognosis, and medical restrictions
(b) cooperating with experts
(c) meeting agreed upon performance
standards once the accommodation is in place
(d) discussing the details of the
accommodation only with those who need to know.
(e) “a” and “c” above
2.
Which of the following is most likely
to be considered family status discrimination?
(a) An employer refuses to pay an employee
for a full eight hours each day because the employee leaves work 30 minutes
early in order to pick his child up from daycare.
(b) An employer refuses to adjust an
employee’s shift in order to allow that employee to take her disabled child to
and from daily physical therapy appointments.
(c) An employer refuses a shift change
request from a single parent who wishes to take her child to hockey practice
and has no alternative method of transportation.
(d) An employer refuses to give an employee
time off to care for an aging neighbour who has been like a parent to the
employee.
(e) “c” and “d” above
3. The “right to refuse unsafe work”
that exists under the British Columbia OHSA may be initiated by:
• only
a certified worker member of the joint health and safety committee who believes the equipment he is to use, the
physical condition of his workplace or there is
a contravention of the legislation would create an undue hazard to himself
• either
a certified worker member or a certified management member of the joint health
and safety committee
• any
member of the joint health and safety committee
• any
worker who believes the workplace presents a health and safety risk to its
workers
• any
worker when he has reasonable cause to believe that the workplace presents an
undue hazard to the health and safety of any person.
4. Under provincial employment standards,
statutory parental leave for a birth mother who has taken maternity/pregnancy
leave is:
(a) up to 17 weeks in length
(b) up to 35 weeks in length
(c) up to 37 weeks in length
(d) up to 52 weeks in length
(e) up to 75 weeks in length
5. Under the BC Employment Standards Act, the two-hour rule means that an eligible
employee who comes into work as scheduled but is sent home before working at
least three hours is entitled to receive:
(a) two hours’ pay at his or her regular
rate
(b) the greater of two hours’ pay at minimum
wage or his or her regular wage for the time worked
(c) 1.5 times his or her regular wage for
the time worked
(d) two hours’ pay at double time
(e) none of the above
6. In which of the following circumstances can
the employer not make deductions from
an employee’s wages under provincial employment standards?
(a) where there is a court order authorizing
such payment
(b) for Canada Pension Plan contributions
(c) where the employee has signed a written statement
authorizing the deduction for losses caused by faulty work
(d) for employment insurance payments
(e) none of the above
7. Under provincial employment standards,
military reservists are entitled to unpaid leave for the time they are deployed
if they have worked for their employer for at least:
(a) no qualifying period is expressed in the
employment standards legislation of this province
(b) 26 consecutive weeks
(c) 52 consecutive weeks
(d) 52 weeks at intervals
(e) none of the above
8. A worker is unhappy with the decision that
the provincial Workers’ Compensation Board made about her case. Which of the
following best describes what further recourse is available to her?
(a) She has no further recourse: the
decision of the Board is final.
(b) She can directly appeal the decision to
the Supreme Court of British Columbia or the Court of Queen’s Bench in Alberta,
as the case may be.
(c) She can appeal to the BC Workers’
Compensation Appeal Tribunal or the
Alberta WCB Appeals Commission, as the case may be, if her case has
merit.
(d) She would have to commence a civil action
against her employer.
(e) All of the above
9. ABC Ltd. employs John, and XYZ Corp. employs
Mary. While both John and Mary were on the job, they were involved in motor vehicle
accident with each other. What best describes how they should proceed to obtain
compensation?
(a) Mary and John have no other recourse but
to sue each other.
(b) Mary and John can sue their employers.
(c) Neither Mary nor John can sue either
employer but they can make a claim under workers’ compensation.
(d) Mary and John cannot sue anyone and they
cannot make a claim for compensation.
(e) All of the above
10. The health and safety provisions under Canada’s
Criminal Code apply to
(a) both federally and provincially
regulated employers
(b) federally regulated employers only
(c) provincially regulated employees only
(d) employees of the federal government only
(e) none of the above
11. In British Columbia and Alberta, employers are
required to pay women and men at the same rate if they are performing
substantially the same kind of work:
(a) in the same establishment
(b) using substantially the same skills and
effort
(c) exercising substantially the same
responsibility
(d) working under similar conditions
(e) all of the above
12. Susan has worked for XYZ Company as a cashier
for 9½ years. Two years ago she quit her
job with XYZ to work for a competitor but after only two months she realized
she had made a mistake and XYZ Company rehired her. Now XYZ Company is closing
down and Susan will be permanently laid off. Under employment standards
legislation, how much termination notice or pay in lieu of notice does XYZ
Company owe Susan?
(a) 1 week
(b) 2 weeks
(c) 6 weeks
(d) 7 weeks
(e) 8 weeks
SHORT ANSWER. Write
the word or phrase that best completes each statement or answers the
question. When asked why or why not,
provide the section number of the statute or regulations to support your answer
13) Joe had been working for Sam in a
supervisory position for 14 years when Sam called him into the office, told him
that he didn’t have any more work for him to do, and told him that he would be
expected to be off the job and the relationship terminated by the end of the
month (1-1/2 weeks away). During those 14 years, Joe had worked in a number of
positions, but when he assumed his most recent supervisory position one year
prior, he had signed an agreement stating that he was only entitled to one
week’s notice. This agreement also provided him with a substantial raise.
Briefly discuss the legal position of the parties.
14) Harry is employed to work at a fish plant
starting at 8:00 a.m. and ending at 4:30 p.m. with one half hour unpaid
lunch. He reports to work at 8:00 a.m.
and he is informed that the fish packer that was expected to deliver fish that
day has been delayed and as a result there is no work and he is sent home. What is the minimum amount of pay that Harry
is entitled to?
15) Bill, an employee on a coastal ship, a
federally regulated industry, reached the normal retirement age for a person in
his job and was thereupon excluded from membership in his employee
organization. This meant he could no longer work in the job and was forced to
retire. Is this a case of discrimination contrary to legislation? Why or why
not?
16) Sima is a manager who is employed by a
local firm in British Columbia. Sima works long hours and does not receive
overtime or time off for statutory holidays. Does Sima have any basis for
complaint? Why or why not?
17) Would Sima have any basis for complaint
if she is a teacher (not covered by a collective agreement)? Why or why not?
18) Jerri
worked as a bartender and cashier in a bar.
She occasionally had to leave the bar, but would lock the till before
leaving doing so and leave the key between two registers. One evening, Jerri’s cash was short
$300. She urged her employer to call the
police but the employer did not. The
next week her till was short $1000 and she was fired. The employer withheld her last paycheque as
compensation for its losses. Jerri filed
a complaint with the director of employment standards for the deductions from
her wages. The employer pointed to the
form Jerri had signed when she was hired that stated “If a shortage occurs full
payment is due immediately. If for any
reason this agreement cannot be met, I authorize the employer to deduct the
shortage in full from my next pay.” Is
the employer entitled to deduct the till shortage from Jerri’s final pay in
these circumstances. Explain your answer
identifying the appropriate section of the Act.
19) What are the requirements for a worker to
receive compensation under the Workers Compensation Act where the worker is
victim of bullying. Identify the section
of the Act you are considering?
20) Beatrice works as a car mechanic at ABC
Auto Inc. in Kelowna, B.C. All of the
other six mechanics at ABC Auto are male.
Beatrice just found out that Ben, a mechanic who was hired two years after
she was, makes more money per hour than she does. Does Beatrice have a pay equity issue? Explain.
What remedies if any does she have?
21) Explain the defense of due diligence
including who has the burden of proof where an employer has been charged under
a strict liability offense under the Occupational Health and Safety statutes?
22)
Robert has just provided you with a
letter of resignation. This letter
indicates that Robert will be leaving in four weeks’ time. You are actually pleased with the resignation
because Robert has been a poor performer for some time. However, you are concerned that his
performance will deteriorate even further during the notice period, so you
would like Robert to leave immediately.
What should you do? Explain with reasons.
Case Study 2F (OPEN BOOK – 8 MARKS:
H was hired by
Warehouse Ltd. as a labourer at the Warehouse Division of the company. He was subsequently promoted to Manager of
the Warehouse Division 2 years ago. He
was responsible to ensure the orderly storage of inventory and supplies. He did not have any responsibility for hiring
and firing. The employment agreement when he was hired as
Manager also included the following clauses:
• He
was to receive a salary of $30 per hour plus benefit for a 40 hour work week .
• He
was to receive holidays as provided by the Employment Standards Act.
• If
he was terminated for any cause he was to receive pay in lieu of notice as
provided by the Employment Standards Branch.
H was slow in
completing his work related task. He
suffered from dyslexia which he hid from the Company when he was hired. In order to complete his work for the day he
would take the paper work home and work an additional 2 hours a day. He kept a day to day records of the extra
work he completed at home. Also, the
company required that he have his cell phone on for 4 hours on the Saturday as
on occasion he was asked to come into work to open up the warehouse. His superiors were aware of his dyslexia and
that he was working additional hours to keep up. They did not say anything about it as they
took the position that it was necessary to keep up with the work.
H performance
evaluation was satisfactory for the first year.
However, his superiors have become dissatisfied with his slow record keeping
and on three occasions expressed theirs concerns orally to him. Last week an employee complained to Head
Office that H yelled and bullied his for failing to complete a job in a timely
manner. The same employee complained
that H had yelled racial insults at him on two other occasions. The Policy Manual contained provisions for
zero tolerance of bullying and harassment including racial insults.
H’s superiors
determined this was sufficient cause and immediately dismissed him for
cause. In doing so they had security
remove him from the property with his belongings. They refused to give him a letter of
reference. H went into a clinical
depression for the next 9 months and was not able to look for work.
PROVIDE A MEMO THAT
DISCUSSES ALL CLAIMS THAT CAN BE MADE INCLUDING CLAIMS BY STATUTE AND COMMON
LAW. RAISE ALL DEFENCES. WHAT REMEDIES ARE AVAIABLE AND PROVIDE AN
OPINION AS TO WHO WILL WIN.
THIS MUST BE TYPEWRITTEN.
MAXIMUM OF 750 WORDS.
