Memorandum page 1
Date: Thu, April 3
From: Sabahat ahmad dar
To: Henry Lowi
Re: Chap 10
True or False
1.False: The Ontario Human Rights Code does not specifically prohibit employers from discriminating
against job applicants with tattoos. Discrimination is prohibited based on race, ancestry, place of origin,
colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age,
marital status, family status, disability, and receipt of public assistance. (Page 363, Canadian Business
Law, 3rd Edition)
3.False: A well-worded contract describing the nature of the relationship does not always hold up in
court. Courts will look at the actual nature of the relationship and the degree of control exercised by the
employer over the worker. (Page 363, Canadian Business Law, 3rd Edition)
9.True: Employee incompetence can be successfully argued by employers to defend against wrongful
dismissal claims, provided the incompetence is well-documented and the employee was given
opportunities to improve. (Page 363, Canadian Business Law, 3rd Edition)
13.True: Where an employment contract is silent concerning a probationary period, there is no
probationary period under the common law. Probationary periods must be explicitly stated in the
contract. (Page 363, Canadian Business Law, 3rd Edition)
Multiple Choice
1.c. The obligation to assist an employee who has special needs: The duty to accommodate refers to
the obligation to assist employees who have special needs, ensuring they can perform their job duties
without undue hardship to the employer. (Page 363, Canadian Business Law, 3rd Edition)
3.d. All of the above: All listed behaviors can be considered sexual harassment. Holding a co-worker
briefly by the waist, pinning up magazine pictures of men in bathing suits, and asking a subordinate on
a date can all be seen as inappropriate and potentially harassing. (Page 363, Canadian Business Law,
3rd Edition)
5.b. Equal pay for work of equal value: The Employment Standards Act, 2000 does not govern equal
pay for work of equal value; this is covered under the Pay Equity Act. (Page 363, Canadian Business
Law, 3rd Edition)
7.b. When a worker has a sincere and reasonable belief that the equipment or the physical
condition of the workplace is likely to endanger them or another worker: Workers may refuse to
do work if they have a sincere and reasonable belief that the equipment or physical condition of the
workplace is likely to endanger them or another worker. (Page 363, Canadian Business Law, 3rd
Edition)
9.d. length of employment, age of employee, salary, position, and job market conditions: Courts
consider factors such as length of employment, age of employee, salary, position, and job market
conditions when determining the common law notice period. (Page 363, Canadian Business Law, 3rd
Edition)
12.d. Employment Standards Act, 2000: The Employment Standards Act, 2000 requires employers to
provide paid statutory holidays. (Page 363, Canadian Business Law, 3rd Edition)