Chapter 18 - Employment Law Flashcards

1
Q

What rules govern employees?

A

a) vicarious liability > in the course of their employment employers are liable for acts of employees.
Example: Sales rep while doing sales demonstration breaks client equipment; company could be held liable.
Example: Sales rep uses company equipment to conduct a neighbourhood event and causes damage: employer not held liable.
Example: Sales rep gets into argument with customer and pushes them; grey area, depends on fact pattern; was this in the course of duty.

b) Workplace safety and insurance benefits (WSIB). certain business are exempt. Employer pays into this. Purpose is to ensure that all workers are covered for help and support to return to work. Employer is obliged to having a return to work program to lower premiums. Also, gives up employee right to sue
c) Employment Standards act. Sets rules and regulations for work conditions and fair treatment. Sets up tribunal to hear claims.
d) Human rights code: covers similar rights to the charter of rights and freedoms. Protects essential human rights of employees. Tribunal set up under the legislation with investigative powers to hear claims; can impose fines and award damages.
e) pay equity: allows there to not be gender discrimination. equal pay for equal work.

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