Employment Flashcards
(16 cards)
What are the tests for employment?
-organization test
-risk test
-tools test
Organization test
Tests if the candidate is an integral part of the organization
Risk test
Examines whether the worker bears any financial risk of loss or stands to profit if work is completed
Reasonable notice for termination
-legislation sets minimum standard for notice
-they consider type of job, age of employee, and length of service
Just cause dismissal
-this does not require any notice
-can be because of
-absenteeism or lateness
-insubordination
-harassing others
-drunkenness
Constructive dismissal
-contract may be breached when the nature of job changes without consent
-failure to address harassment/sexual harassment may enable the victim to claim constructive dismissal
-law requires that employees take reasonable steps to mitigate damage
Vicarious liability of employer
-employer can turn to employee for compensation if found vicariously liable
-conduct has to be closely related to the risks introduced by the employer for them to be found vicariously liable
Protections against vicarious liability
-liability insurance
-separating parts of the business and contracting them out
Employment standards act
-legislation provides minimal employment standards and protections
Duty to accommodate
Employers have a duty to accommodate employees with disabilities and special needs
Collective bargaining
-workers working together to negotiate wages and working conditions
-legislation recognized employees right to join a union
Bargaining agent
-a union has exclusive bargaining authority for the employees they represent
-a unionized employees loses the right to negotiate individually with the employer
Unfair labour practices
Employer can not threaten dismissal for joining a union
Lockout
Action by employer to prevent employees from working
Strike
A withdrawal of services from employees
Picketing
-occurs when a strike or lockout is underway
-peaceful
-courts may restrict picketing when regulations are violated
