chapter 12 - employment

Question 1

employment

Answer 1

one person doing work for another

Question 2

employee

Answer 2

master-servant relationship

Question 3

control test

Answer 3

assess the degree of control exercised by the person paying for the service

Question 4

indep contractor

Answer 4

contractor agrees to do a particular job

Question 5

organization test

Answer 5

is person an integral part of employers org

Question 6

obligations of employer

Answer 6

payment of wages/salary
safe working conditions

Question 7

obligations of employee

Answer 7

competent
honesty and loyalty
punctuality
act in employers best interests
fiduciary obligations in some cases

Question 8

employment can be terminated

Answer 8

by either party giving reasonable notice
by pay in lieu of notice
immediately with just cause

Question 9

in setting reasonable notice courts consider

Answer 9

length of service
type of job
age of employee
qualifications
availability of similar employment
bad-faith conduct

Question 10

just cause

Answer 10

requires no notice

Question 11

constructive dismissal

Answer 11

employment contract may be breached when nature of job changes wihtout consent or working conditions become intolerable

Question 12

remedies for wrongful dismissal

Answer 12

damages based on what employee would have received if given proper notice

Question 13

wrongful leaving

Answer 13

employees may be sued for
breach of confidence, valid of restrictive covenant, fiduciary duty

Question 14

human rights legislation

Answer 14

prevents discrimination in hiring and employment practices

Question 15

bona fide occupational reqs

Answer 15

discriminatory rules may be saved if the employer established them to be bona fide

employers have a duty to accomodate employees with disabilities and special needs

Question 16

health and safety

Answer 16

focuses on prevention of injury in the workplace

safe working conditions
safe employment practices
establishes programs to educate both the employer and employee

Question 17

certification process

Answer 17

employees application to labour relations board to be recognized as a bargaining unit

Question 18

terms of collective agreement

Answer 18

min length 1 year
automatic renewal clause
matter to be negotiated by the parties

Question 19

lockout

Answer 19

action by employer to prevent employees from working

Question 20

strike

Answer 20

withdrawal of services by employees

Question 21

work to rule

Answer 21

employees do no more than minimally required by agreement