Chap 14

Question 1

In the context of employment law, what are the 2 classes of servants?

Answer 1

Independent contractors and employees

Question 2

list the 6 distinctions between a contractor and an employee

Answer 2

1. to what degree does the employer control the hours and working condition?
2. does the servant have the freedom to work for other employers
3. who is entitled to the profit of the enterprise
4. who bears the risk of the business?
5. who owns the equipment the servant will use?
6. does the servant have the authority to hire staff

Question 3

what are the statutory remittances an employer must make for their employee?

Answer 3

the employer must calculate income tax, EI, and CPP/QPP

Question 4

Describe some of the conditions regarding employment of a minor

Answer 4

FEDERAL - Persons under 17 may be employed within approved categories that do not present a health or safety danger and do not require working between 11pm-6am
ALBERTA- Adolescents over 12 but under 15 maybe employed with written permission of a parent or guardian for approved work. Employment is prohibited between 9pm-6am. Young persons over 15 and under 18 cannot be employed between 12:01am and 6am, but may be employed bwt 9pm and 12:01am, if they are in the continuous presence of another person over 18

Question 5

What are the 3 ways employment can be terminated?

Answer 5

Contractual dismissal
rightful dismissal ( termination for cause)
wrongful dismissal

Question 6

are all types of employment insurable under EI?

Answer 6

No, refer to Pg315

Question 7

Under the law, when an employer terminates the contract with a independent contractor, before all duties have been performed; what can the contractor sue for?

Answer 7

breach of contract

Question 8

many employment arrangement are made without a formal contract, under these conditions and a dispute occurs; who will the courts usually side with?

Answer 8

the employee, as courts tend to side with the party with weaker bargaining power

Question 9

what is the max weekly EI benefit?

Answer 9

$413 or 55% of the claimant’s average isured earnings, whichever is less

Question 10

employers who oversell a position with promises that are not kept maybe sued by the employee for what?

Answer 10

misrepresentation

Question 11

what are the 4 items that should be included in a job description?

Answer 11

Job duties and standards
remuneration(salary, bonuses, perks, benefits)
duration of term of employment
likelihood of changes to the position

Question 12

what are 2things employers can discriminate on?

Answer 12

Merit

BFOR (bona fide occupation requirement )

Question 13

you and your partner decided to adopt a child, what type of leave are you or your partner eligible for?

Answer 13

parental leave

Question 14

what are some of the conditions for rightful dismissal?

Answer 14

Financial disloyalty
falsified qualifications
of gross and continuing incompetence

Question 15

list 6 items employers can expect from their employees?

Answer 15

1. proper performance of work (otherwise maybe liable for negligence)
2. good faith and loyalty (fiduciary duty to the employer)
3. confidentiality( trade secrets)
4. non-competition agreement(key employees)
5. reasonable notice

Question 16

what are some of the standards the Canada Labour Standards has set forth?

Answer 16

The Canada Labour Standards set forth minimum regulatory standards in respect of wages, hour of work, rest periods, holidays, maternity leave, termination(notice), employment equity, and recourse for lost wages.

Question 17

does the Provincial Labour Standards apply to everyone?

Answer 17

no, it does not apply to : federal government and Crown corporation employees, professionals and students training in the professions, and domestic servants and babysitters

Question 18

under the law is everyone entitled to 2 weeks paid vacation

Answer 18

no, employees must complete about 12months of consecutive employment to be eligible for legislated vacation time

Question 19

what does the Provincial Labour Standards legislate?

Answer 19

1. that personnel records be kept
2. that employees meet the minimum age requirement
3. minimum wage is paid to employees
4. hours of work and overtime pay
5. payment of wages
6. vacation pay
7. holidays

Question 20

when does an employer not have to pay an employee for a statutory holiday?

Answer 20

when the employee:

1. does not qualify
2. fails to work the scheduled workday before of after the holiday
3. has agreed to work on the holiday and fails to perform the work without reasonable explanation
4. is employed under an agreement that gives him/her the option to refuse work when asked
5. when does an employer not have to pay an employee for a statutory holiday

Question 21

who pays for a women’s maternity benefits?

Answer 21

EI

Question 22

In the province of BC, how is group termination defined?

Answer 22

termination of 50 or more employees within 2 months

Question 23

what happened to the Unemployment Insurance Act?

Answer 23

It was replaced by the Employment Isurance Act in 1996

Question 24

what is the minimum amount if hours needed to be eligible for EI benefits?

Answer 24

420 to 700 hours depending on the regional unemployment rate

Question 25

what are the 4 principles of Equal Pay Legislation?

Answer 25

1. Equal pay for males and females doing the same job
2. Equal pay for substantially similar jobs
3. if “value” of jobs is considered, equal for jobs of equal value
4. pay equity

Question 26

what is the difference between maternity leave and parental leave?

Answer 26

maternity leave is seventeen weeks for the biological mother. Parental leaves is thirty-five weeks