EMPLOYMENT

Question 1

The employment relationship (3 things)

Answer 1

1. the control test
2. fourfold test
3. organization test

Question 2

1. the control test

Answer 2

who controls: where, when and what work

Question 3

2. fourfold test

Answer 3

1. the control test
2. ownership of tools
3. whether there is opportunity for independent profit
4. opportunity for risk of independent loss

Question 4

3. organization test

Answer 4

how integrated/connected is the person?

Question 5

law of dismissal (4 things under this)

Answer 5

1. fixed term contracts
2. reasonable notice
3. pay in lieu of notice (severance)
4. cause for dismissal

Question 6

firing + fixed term contracts

Answer 6

if you fire someone then you have to pay for the fixed term

Question 7

reasonable notice (you should get longer notice if…)

Answer 7

1. position is senior
2. length of service
3. age
4. availability of similar work

Question 8

pay in lieu of notice (severance)

Answer 8

the purpose is that they still have to pay you for the 2 weeks of notice if they fire you without notice, and even if you get another job

Question 9

causes for dismissal that are just

Answer 9

theft, misconduct, harassment

Question 10

Constructive dismissal

Answer 10

Change things (i.e. freeze her out, dump work on her), then the terms and conditions for employment have changed and you technically have fired them

Question 11

can incompetence be a just cause for dismissal?

Answer 11

yes but courts don’t always like this. must have:
1. a reasonable standard
2. must give warnings
3. must give training

Question 12

legislation governing the employee relationship (4)

Answer 12

1. charter of rights and freedoms
2. human rights code of BC
3. employment standards act
4. workers compensation act

Question 13

section 15(1) in the charter of rights and freedoms

Answer 13

no discrimination: race, ethnicity, colour, religion, age, mental/physical disability

Question 14

steps to a successful human rights complaint

Answer 14

1. ground the discrimination in the human rights code (find it in the section) is it illegal
2. establish a ‘prima facie’ case of discrimination (must be there at first look)
3. respondent must be unable to prove that there is a Bona Fide + reasonable justification (firefighters)
4. respondent unable to establish that there is a section 41 exemption

Question 15

section 41

Answer 15

exemption for religious institutions

Question 16

employment standards act

Answer 16

1. children under 16
2. special clothing
3. meal breaks
4. overtime wages
5. family responsibility leave
6. jury duty

Question 17

workers compensation act

Answer 17

fault is not a factor when deciding compensation, and you need to establish that it is a work related injury