Chapter One Flashcards
Overview of legal framework (20 cards)
What are the 3 main sources of Employment Law
Common Law, Statute Law, Constitutional Law
What is Statute law?
Law passed by a government legislative body
What is Constitutional law?
In Canada, a body of written and unwritten laws that set out how the country will be governed, including the distribution of powers between the federal government and the provinces
What is Common law?
Law made by judges, rather than legislatures, that is usually based on the previous decisions of other judges
What are some key employment statutes?
The employment Standards Act, 2000, The Human Rights Code, The Labour Relations Act, 1995, The Occupational Health and Safety Act (OHSA), The Workplace Safety and Insurance Act 1997, The Pay Equity Act and the Accessiblity for Ontarians with Disabilities Act 2005.
What is the pyramid of laws
- Constitutional Law
- Statutes or Acts
- Case or Common Law
Definition of Stare Decisis
A common law principle that requires lower courts to follow precedents emanating from higher courts in the same jurisdiction
What are the two branches of Common Law that affect employment?
Contract Law and Tort law
Definition of Contract Law
A branch of civil law (non-criminal law) that governs agreements between people or companies to purchase or provide goods or services.
Definition of Tort Law
A branch of civil law that governs wrongs for which a legal remedy is available independent of any contractual relationship.
Definition of appellant
The party appealing from a previous decision of a lower court or tribunal
Definition of Administrative Tribunal
A quasi-judicial authority whose rules are typically governed by a subject-specific statute.
Difference between independent and dependent contractor
Independent contractor is a self-employed worker engaged by a principal to perform specific work, and dependent contractor is not an employee but is still considered to be economically dependent on the organization they work for.
Advantages of hiring independent contractors over employees
no statutory benefits, no WSIB premiums, no notice of permination or pay in lieu, no taxes or contributions to CPP and EI, no liability for employee’s deliberate or negligent acts.
What tests establish an employee - employer relationship or an independent contractor - principal relationship
control test - does the org control the individual’s work?
Chance of profit/risk of loss
organization or integration - are the services rendered by the individual an integral part of the business?
Tools - does the individual provide their own tools?
What is bill 88?
Bill 88 will provide protections for gig workers including -
- rights to information
- recurring pay days and pay periods
- minimum wage
- notice of removal from the digital platform
Describe the court system in Canada.
The court structure is hierarchical. The lowest court is provincial and the highest is supreme court of Canada. The supreme court is the final court of appeal and decisions binad all lower courts across Canada.
Name three employment-related statutes in Ontario.
The employment standards act, 2000, the human rights code and the labour relations act 1995.
What are three reasons an employer may favour hiring a worker, classified as an independent contractor, over an employee?
Do not have to provide statutory benefits, do not have to pay premiums for workplace health and safety insurance, do not have to provide reasonal notice of termination or pay in lieu.
What are the risks, for an employer, if an employee is mischaracterized as an employee?
May have to remit any outstanding statutory premiums, may have to pay the individual for employment standards benefits such as vacation and overtime, may be liable for wrongful dismissal.
