ch 10. employment Flashcards
What are the three types of workers?
Employees, independent contractors, and agents
Why is employment status important?
It determines rights, liabilities, and obligations.
What is the control test?
It assesses how much control an employer has over a worker.
What is the organization test?
Determines if a worker is essential to the employer’s business.
What are the employer’s obligations?
Pay wages, provide a safe workplace, and follow employment contracts.
What are the employee’s obligations?
Competency, honesty, punctuality, and loyalty.
What is a restrictive covenant?
A clause preventing an employee from working in a competing business.
What is the difference between a non-competition and non-solicitation clause?
Non-competition prevents working for competitors, while non-solicitation prevents poaching clients.
What is reasonable notice?
The notice an employer must give before termination.
What factors affect reasonable notice?
Length of service, job type, age, and availability of similar jobs.
What is just cause termination?
Dismissal without notice due to employee misconduct.
What are examples of just cause dismissal?
Absenteeism, dishonesty, incompetence, harassment, or misconduct.
Can an employee leave without notice?
Yes, in cases of unsafe or illegal working conditions.
What is wrongful dismissal?
Firing without just cause or without proper notice.
What is constructive dismissal?
When job conditions change so much that the employee is forced to resign.
What is vicarious liability?
An employer being liable for employees’ actions during work.
What is the purpose of employment standards laws?
To set minimum wages, hours, vacation, and termination rules.
What does human rights legislation cover?
Prevents discrimination in hiring and employment practices.
What is the duty to accommodate?
Employers must make reasonable adjustments for disabled workers.
What is workers’ compensation?
A system compensating employees injured at work.
What is employment insurance (EI)?
Provides benefits for unemployment, disability, pregnancy, or adoption.
What is collective bargaining?
The negotiation of employment terms between unions and employers.
What is a collective agreement?
A binding contract between a union and employer.
What is mediation?
A neutral third party helping resolve labour disputes.
What is arbitration?
A binding decision-making process for labour disputes.
What is a union shop?
A workplace where employees must join the union.
What is a lockout?
An employer preventing employees from working during a dispute.
What is a strike?
Employees refusing to work as a protest.
What is picketing?
Workers protesting outside a business to deter customers.
What are essential services?
Services like police and healthcare where strikes may be restricted.
