6.0 LABOUR & EMPLOYMENT

Question 1

Labour law

Answer 1

Deals with 2 categories or relationships

1. Union management
2. Employee-union

Governed by provincial legislation (SK Employment Act) and federal (Canada Labour Code)

Under labour legislation, unions are the sole bargaining representative for the employee they represent

Labour Relations Board: forum for labour law issues rather than the courts

Question 2

Employment Law

Answer 2

Deals w employer-employee relationships where there’s no union representation of employees or dealing w management employees

Governed by contract law principles and provincial and federal legislation

Question 3

Implied terms in common law employment contract

Answer 3

1. Obligation to mitigate after breach has occurred
2. Employees duty of loyalty
3. Employees duty of competence
4. Employers duty, upon termination, to give adequate notice or severance in lieu of notice

Question 4

Employees duty of loyalty

Answer 4

Duty of fidelity (loyalty)

Imposed on employees (implied terms)

Confidential info: industrial trade secrets, info learned on job

Non-disclosure of confidential info is often considered to be a FIDUCIARY obligation

APEGs code of ethics contains obligation to maintain confidentiality

Question 5

Restrictive covenant

Answer 5

Employee agreement for specified time after employment to not work for competitor, in specified geographic area, or in a particular business

Question 6

Independent contract or employee

Answer 6

Independent contract: don’t have rights to reasonable notice or compensation

Difference in control employer has on work, insurance, tax, liability, etc.

Question 7

Human rights

Answer 7

Human rights legislation: deals with human rights complaints and prohibits harassment

Tribunals: are set up under legislation to deal with complaints

SK Human Rights Code: prohibits discrimination on basis of religion, marital, sex, age, disability