Chapter 12 - Employment Flashcards
What is employment?
Employment involves one person doing work for another
Master-servant relationship
An employee is said to be in a master–servant relationship, acting under the direction
of the master
Independent contractors
Contractor agrees to do a particular job
Employees work for their employer; independent contractors work for themselves
Control test for employment
- Assess the degree of control exercised by the person paying for the service
- Control is greater over an employee than an independent contractor
Organization Test for employment
is the person an integral part of employer’s organization?
- i.e. A baker is integral to a bakery.
Risk Test for employment
examines whether the worker bears any financial risk of loss or stands to
profit is work is completed efficiently
Obligations of Employers
- Payment of wages or salary
- Safe working conditions
Obligations of Employees
- Competent
- Honesty and loyalty
- Punctuality
- Act in Employer’s best interest
- Fiduciary obligations in some cases
Restrictive covenants
Commitment not to work in a certain industry in a set area for a set time period
- Must be reasonable
- Must not be contrary to public policy
Termination
Employment can be terminated by:
- Either party giving reasonable notice
- By paying in lieu of notice: The employer giving the compensation that should have been earned in that notice period
- Immediately without cause
An employee may be dismissed with notice for any reason unless it violates human rights
legislation
Reasonable notice
This is required for without cause termination, divided into statutory and common law notice
Statutory notice
- Legislation sets minimum standard for notice
Common Law notice
In setting reasonable notice courts consider the Bardal Factors:
- Length of service
- Type of job
- Age of employee
- Qualifications
- Availability for similar employment
- Bad-faith conduct
Pay in-lieu of notice
Notice period
1 week - More than 90 days but less than 2 years
2 weeks - 2 years but less than 4 years
4 weeks - More than 4 years but less than 6 years
5 weeks - More than 6 years but less than 8 years
6 weeks - More than 8 years but less than 10 years
8 weeks - 10 years or more
Just cause dismissal
Dismissal without notice must be based on employee wrongdoing or a failure to perform the job including:
- Absenteeism and tardiness
- Disobedience and insubordination (Use of progressive discipline)
- Incompetence (Let employees know they are not meeting standards)
- Harassing others
- Drunkenness, addictions issues
- Immoral conduct
Must be consistent/series of events