Chap 14 Flashcards
In the context of employment law, what are the 2 classes of servants?
Independent contractors and employees
list the 6 distinctions between a contractor and an employee
- to what degree does the employer control the hours and working condition?
- does the servant have the freedom to work for other employers
- who is entitled to the profit of the enterprise
- who bears the risk of the business?
- who owns the equipment the servant will use?
- does the servant have the authority to hire staff
what are the statutory remittances an employer must make for their employee?
the employer must calculate income tax, EI, and CPP/QPP
Describe some of the conditions regarding employment of a minor
FEDERAL - Persons under 17 may be employed within approved categories that do not present a health or safety danger and do not require working between 11pm-6am
ALBERTA- Adolescents over 12 but under 15 maybe employed with written permission of a parent or guardian for approved work. Employment is prohibited between 9pm-6am. Young persons over 15 and under 18 cannot be employed between 12:01am and 6am, but may be employed bwt 9pm and 12:01am, if they are in the continuous presence of another person over 18
What are the 3 ways employment can be terminated?
Contractual dismissal
rightful dismissal ( termination for cause)
wrongful dismissal
are all types of employment insurable under EI?
No, refer to Pg315
Under the law, when an employer terminates the contract with a independent contractor, before all duties have been performed; what can the contractor sue for?
breach of contract
many employment arrangement are made without a formal contract, under these conditions and a dispute occurs; who will the courts usually side with?
the employee, as courts tend to side with the party with weaker bargaining power
what is the max weekly EI benefit?
$413 or 55% of the claimant’s average isured earnings, whichever is less
employers who oversell a position with promises that are not kept maybe sued by the employee for what?
misrepresentation
what are the 4 items that should be included in a job description?
Job duties and standards
remuneration(salary, bonuses, perks, benefits)
duration of term of employment
likelihood of changes to the position
what are 2things employers can discriminate on?
Merit
BFOR (bona fide occupation requirement )
you and your partner decided to adopt a child, what type of leave are you or your partner eligible for?
parental leave
what are some of the conditions for rightful dismissal?
Financial disloyalty
falsified qualifications
of gross and continuing incompetence
list 6 items employers can expect from their employees?
- proper performance of work (otherwise maybe liable for negligence)
- good faith and loyalty (fiduciary duty to the employer)
- confidentiality( trade secrets)
- non-competition agreement(key employees)
- reasonable notice
what are some of the standards the Canada Labour Standards has set forth?
The Canada Labour Standards set forth minimum regulatory standards in respect of wages, hour of work, rest periods, holidays, maternity leave, termination(notice), employment equity, and recourse for lost wages.
does the Provincial Labour Standards apply to everyone?
no, it does not apply to : federal government and Crown corporation employees, professionals and students training in the professions, and domestic servants and babysitters
under the law is everyone entitled to 2 weeks paid vacation
no, employees must complete about 12months of consecutive employment to be eligible for legislated vacation time
what does the Provincial Labour Standards legislate?
- that personnel records be kept
- that employees meet the minimum age requirement
- minimum wage is paid to employees
- hours of work and overtime pay
- payment of wages
- vacation pay
- holidays
when does an employer not have to pay an employee for a statutory holiday?
when the employee:
- does not qualify
- fails to work the scheduled workday before of after the holiday
- has agreed to work on the holiday and fails to perform the work without reasonable explanation
- is employed under an agreement that gives him/her the option to refuse work when asked
- when does an employer not have to pay an employee for a statutory holiday
who pays for a women’s maternity benefits?
EI
In the province of BC, how is group termination defined?
termination of 50 or more employees within 2 months
what happened to the Unemployment Insurance Act?
It was replaced by the Employment Isurance Act in 1996
what is the minimum amount if hours needed to be eligible for EI benefits?
420 to 700 hours depending on the regional unemployment rate
