Employment Law – Final Test – Labour Law – study material
There are no reprisals for employees who - correct answer ✔✔exercise rights under the
Employment Standards Act
The Employment Standards Act (ESA) helps control the - correct answer ✔✔inequality of
bargaining power
The ESA covers - correct answer ✔✔1. Wages
2. Records
3. Hours of work
4. Vacation
5. Holidays
6. Overtime
7. Minimum Wage
8. Leaves
9. Termination and Severance
10. Equal pay for equal work
11. Benefits plans
Essential Aspects of the Employment Standards Act - correct answer ✔✔1. Application of the
Act
2. Basic Wage and Information Requirements
3. Agreements to Vary
4. Minimum Standards
5. Minimum Requirements re: Termination
6. Administration of Enforcement
,7. Role of the Agent/Paralegal
8. Summary
Some employment relationships are not covered - correct answer ✔✔(governed by Federal law)
or exempted from the Employment Standards Act
Some employment relationships are only covered - correct answer ✔✔by parts of the
Employment Standards Act
- police officer only lie detector section applies
The ESA does not cover the employee if the employee works for an employer covered by -
correct answer ✔✔Federal jurisdiction such as inter-provincial trucking, inter-provincial railways
or inter-provincial bus lines, banks, airlines, radio and television stations, the Federal service, or
post offices
Ontario Regulation 285/01 Exemptions, Special Rules and Establishment of Minimum Wage
Contents are regulations that set out different rules for each exception. Which are these
regulations - correct answer ✔✔1. Exemptions re various parts of the act
2. Special Rule re Emergency Leave
3. Exemptions re Hours of Work and Eating Periods
4. Establishment of Minimum Wage
5. Exemptions re Minimum Wage
6. Exemptions re Overtime Pay
7. Exemptions re Public Holidays
8. Exemption re Retail Business Establishments
9. Special Rules re Homemaker
10. Special Rules re Homeworkers
11. Special Rules and Exemptions re Overtime Pay
,12. Special Rules re Domestic Workers
13. Special Rules re Residential Care Workers
14. Special Rules re Fruit, Vegetable and Tobacco Harvesters
15. Special Rules re Commission Automobile Sales Sector
16. Special Rule re Employees Who May Elect to Work or Not
17. Director's Approvals
18. Exemption re Certain Existing Arrangments
The ESA applies to - correct answer ✔✔Section 3: "Employee"
1. Employee whose work is performed in Ontario
2. Employee who's work is performed in Ontario and outside Ontario provided it is a
continuation of work performed in Ontario
Who is an "Employee" (section 1 definitions) - correct answer ✔✔An "Employee" performs
work for, or supplies services to, an employer, and includes a homeworker
Who is NOT an employee - correct answer ✔✔A manager or supervisor
Managers and supervisors have no protection for - correct answer ✔✔overtime pay
"Employer" includes - correct answer ✔✔owner, manager, etc., who has control or direction, or
is directly or indirectly responsible for, the employment of a person
Managers and supervisors - correct answer ✔✔may not be entitled to some of the protections
under the ESA
The legal test for determining whether is an employee is a manager or supervisor is confirmed
in which case - correct answer ✔✔Kristine Bowes v Code's Mill on the Park
, Test to establish whether or not an employee is a manger or a supervisor - correct answer ✔✔1.
Was the employee's work managerial or supervisory in character, and if so,
2. Did the employee perform non-supervisory or non-managerial tasks (just) only on an
irregular (as opposed to regular) basis
** If yes to BOTH questions then the exception APPLIES and the employee IS a manager or
supervisor
The Kristina Bowes v Code's Mill on the Park case is about - correct answer ✔✔- An employee
promoted to manager
- Question: Manager or employee
- Court found in favour of the employER because the applicant's evidence was more focused on
managerial duties and she should have focused more on employee duties
When determining if a person is an employee or manager/supervisor the title of the positions is
- correct answer ✔✔irrelevant. The court focuses on the substance of the employment duties
What are some examples of section 3 exceptions under the ESA - correct answer ✔✔1. Federal
jurisdiction
2. Diplomatic personnel
3. employees of the Crown (a few exceptions)
4. Students in work experience programs
5. Inmates
6. Politicians, Religious Officers, Judiciary
7. Police officers (except for lie detectors)
** Police officers are subject to the exemptions regarding lie detectors
Employees who are exempted or excluded from certain parts of the RTA - correct answer ✔✔A)
Employees excluded from hours of work and overtime pay provisions (manager/supervisors)
There are no reprisals for employees who - correct answer ✔✔exercise rights under the
Employment Standards Act
The Employment Standards Act (ESA) helps control the - correct answer ✔✔inequality of
bargaining power
The ESA covers - correct answer ✔✔1. Wages
2. Records
3. Hours of work
4. Vacation
5. Holidays
6. Overtime
7. Minimum Wage
8. Leaves
9. Termination and Severance
10. Equal pay for equal work
11. Benefits plans
Essential Aspects of the Employment Standards Act - correct answer ✔✔1. Application of the
Act
2. Basic Wage and Information Requirements
3. Agreements to Vary
4. Minimum Standards
5. Minimum Requirements re: Termination
6. Administration of Enforcement
,7. Role of the Agent/Paralegal
8. Summary
Some employment relationships are not covered - correct answer ✔✔(governed by Federal law)
or exempted from the Employment Standards Act
Some employment relationships are only covered - correct answer ✔✔by parts of the
Employment Standards Act
- police officer only lie detector section applies
The ESA does not cover the employee if the employee works for an employer covered by -
correct answer ✔✔Federal jurisdiction such as inter-provincial trucking, inter-provincial railways
or inter-provincial bus lines, banks, airlines, radio and television stations, the Federal service, or
post offices
Ontario Regulation 285/01 Exemptions, Special Rules and Establishment of Minimum Wage
Contents are regulations that set out different rules for each exception. Which are these
regulations - correct answer ✔✔1. Exemptions re various parts of the act
2. Special Rule re Emergency Leave
3. Exemptions re Hours of Work and Eating Periods
4. Establishment of Minimum Wage
5. Exemptions re Minimum Wage
6. Exemptions re Overtime Pay
7. Exemptions re Public Holidays
8. Exemption re Retail Business Establishments
9. Special Rules re Homemaker
10. Special Rules re Homeworkers
11. Special Rules and Exemptions re Overtime Pay
,12. Special Rules re Domestic Workers
13. Special Rules re Residential Care Workers
14. Special Rules re Fruit, Vegetable and Tobacco Harvesters
15. Special Rules re Commission Automobile Sales Sector
16. Special Rule re Employees Who May Elect to Work or Not
17. Director's Approvals
18. Exemption re Certain Existing Arrangments
The ESA applies to - correct answer ✔✔Section 3: "Employee"
1. Employee whose work is performed in Ontario
2. Employee who's work is performed in Ontario and outside Ontario provided it is a
continuation of work performed in Ontario
Who is an "Employee" (section 1 definitions) - correct answer ✔✔An "Employee" performs
work for, or supplies services to, an employer, and includes a homeworker
Who is NOT an employee - correct answer ✔✔A manager or supervisor
Managers and supervisors have no protection for - correct answer ✔✔overtime pay
"Employer" includes - correct answer ✔✔owner, manager, etc., who has control or direction, or
is directly or indirectly responsible for, the employment of a person
Managers and supervisors - correct answer ✔✔may not be entitled to some of the protections
under the ESA
The legal test for determining whether is an employee is a manager or supervisor is confirmed
in which case - correct answer ✔✔Kristine Bowes v Code's Mill on the Park
, Test to establish whether or not an employee is a manger or a supervisor - correct answer ✔✔1.
Was the employee's work managerial or supervisory in character, and if so,
2. Did the employee perform non-supervisory or non-managerial tasks (just) only on an
irregular (as opposed to regular) basis
** If yes to BOTH questions then the exception APPLIES and the employee IS a manager or
supervisor
The Kristina Bowes v Code's Mill on the Park case is about - correct answer ✔✔- An employee
promoted to manager
- Question: Manager or employee
- Court found in favour of the employER because the applicant's evidence was more focused on
managerial duties and she should have focused more on employee duties
When determining if a person is an employee or manager/supervisor the title of the positions is
- correct answer ✔✔irrelevant. The court focuses on the substance of the employment duties
What are some examples of section 3 exceptions under the ESA - correct answer ✔✔1. Federal
jurisdiction
2. Diplomatic personnel
3. employees of the Crown (a few exceptions)
4. Students in work experience programs
5. Inmates
6. Politicians, Religious Officers, Judiciary
7. Police officers (except for lie detectors)
** Police officers are subject to the exemptions regarding lie detectors
Employees who are exempted or excluded from certain parts of the RTA - correct answer ✔✔A)
Employees excluded from hours of work and overtime pay provisions (manager/supervisors)
