Workplace Law & Labour Relations: NPPE Practice Questions

Correct answer: B. Reasonable notice or pay in lieu, otherwise the employer may be sued for wrongful dismissal

Without just cause, an employer must give adequate notice or severance pay; otherwise the employee can sue for wrongful dismissal. 'Just cause' exists only where the employee has breached the employment contract.

Correct answer: B. Constructive dismissal

Constructive dismissal occurs when the employer unilaterally changes a fundamental term of the contract and the employee rejects it. The law may treat this as a dismissal, exposing the employer to wrongful dismissal damages.

Correct answer: B. Pay union dues, whether or not they join the union

The Rand Formula requires all employees in the unit to pay union dues, even those who choose not to become members, on the basis that all benefit from collective bargaining. A closed shop requires union membership as a precondition of hiring, which is a different concept.

Correct answer: B. Grievance arbitration

Grievance arbitration is used to enforce collective agreements, determining the parties' rights under an existing agreement when one party alleges the other breached it. Strikes, lockouts, and picketing are pressure tactics used when negotiating a new agreement, not for interpreting an existing one.

Correct answer: D. The right to sue their own employer in tort for a workplace injury covered by workers' compensation

OH&S gives workers the right to be informed of dangers, to refuse dangerous work, and to be on the health and safety committee. However, because employers pay into workers' compensation (WCB), employees generally cannot sue their own employer in tort for a covered workplace injury.

Correct answer: B. An independent contractor

A person who provides similar services to more than one client is generally an independent contractor rather than an employee. This distinction affects entitlements such as notice, severance, and how the relationship is treated in law.

Correct answer: B. Work in an environment free from harassment

Everyone has the right to work in an environment that is free from harassment (physical, sexual, psychological).

Correct answer: A. A percentage withheld from contractor payments to protect sub-contractors

A holdback is a percentage withheld by the owner from contractor invoices to ensure sub-contractors are paid, as required by Provincial Lien Acts.

Correct answer: B. Right to know, right to participate, right to refuse unsafe work

The three fundamental worker rights are: (1) right to know about workplace hazards, (2) right to participate in health and safety decisions, and (3) right to refuse work they believe is dangerous.

Correct answer: B. An employer fundamentally changes employment terms without consent

Constructive dismissal occurs when the employer makes fundamental changes to employment terms (significant pay cut, demotion, relocation) without the employee's consent, effectively forcing them to resign.

Correct answer: B. Adjust work conditions for employees with protected characteristics, short of undue hardship

The duty to accommodate requires employers to make reasonable adjustments for employees with protected characteristics (disability, religion, family status) unless doing so would cause undue hardship.

Correct answer: A. No-fault insurance for workers injured on the job, in exchange for giving up the right to sue

Workers' compensation is a no-fault insurance system. Workers receive compensation for workplace injuries without proving employer negligence, and in return they give up the right to sue their employer.

Correct answer: C. Serious misconduct such as theft, fraud, or violence

Just cause requires serious misconduct such as theft, fraud, serious insubordination, violence, or habitual neglect of duty that justifies immediate termination without notice or severance.

Correct answer: B. Reasonable in scope, duration, and geographic area to be enforceable

Courts scrutinize non-competition clauses for reasonableness. To be enforceable, they must be reasonable in scope, duration, and geographic area and protect a legitimate business interest.

Correct answer: B. All workplace parties share responsibility for health and safety

The internal responsibility system requires all workplace parties (employers, supervisors, and workers) to share responsibility for identifying hazards and maintaining a safe workplace.

Correct answer: B. Reasonable notice or pay in lieu of notice

A wrongfully dismissed employee is entitled to reasonable notice or pay in lieu of notice. The notice period depends on factors such as age, length of service, position, and availability of similar employment.

Correct answer: B. The degree of control the hiring party exercises over how the work is done

The key factor is the degree of control: an employee works under the direction and control of the employer, while an independent contractor controls how work is performed.

Correct answer: B. May be required to design, inspect, or certify structures and equipment affecting workplace safety

Many OHS regulations require a "competent person" (often a P.Eng) to design, inspect, or certify certain structures, equipment, or procedures that affect workplace safety.