Chapter 20

Question 1

What is an Employment Relationship?

Answer 1

A contractual relationship whereby an employer provides payment to an employee in exchange for work/service

Question 2

Who is an Independent Contractor?

Answer 2

A person who is in a working relationship that doesn’t meet the criteria of employment

Question 3

How can you test weather they are an employee or independent contractor?

Answer 3

Degree of control exercised over the individual by employer, Ownership of tools, chance of profit and risk of loss from performance of the requested tools, Degree of integration -> how important is it to the business

Question 4

What suggests that there is an Employment Relationship?

Answer 4

When employees have certain statutory rights/benefits: holiday pay, overtime pay. Only employees can initiate for wrongful dismissal

Question 5

What is Vicarious liability?

Answer 5

Employer is liable for employee

Question 6

What is Negligent hiring?

Answer 6

If employee injures another/causes harm, employer may be negligent for having hired them, it requires plaintiff to prove that the employer was careless in hiring/training/supervising

Question 7

What is Discrimination?

Answer 7

Act of treating someone differently on the basis of a prohibited ground(race, colour, sex)

Question 8

What defences to discrimination are there?

Answer 8

BFOR, excuses discrimination on prohibited ground when it is done in good faith and for a legit business reason, eg. license for a truck driver

Question 9

What is Meiorin?

Answer 9

Duty to accommodate to those negatively affected by requirement

Question 10

What is Employment Equity?

Answer 10

Laws designed to improve status of certain designated groups, giving underrepresented groups special consideration in hiring

Question 11

What is a fixed(definite term) contract?

Answer 11

Has a specified time period, which ends on the expiry date

Question 12

What is an indefinite-term contract

Answer 12

No fixed period, can end on giving any reasonable notice

Question 13

What can contracts be made?

Answer 13

Oral or writing, usually writing tho

Question 14

What are express terms?

Answer 14

Agreed by the parties

Question 15

What are implied terms?

Answer 15

No been specifically agreed upon but are what the courts believe the parties would have agreed on, eg. length of contract

Question 16

What are the content of the contract?

Answer 16

Written terms are better, can be certain about them written terms override implied terms

Question 17

What are Employee Welfare Issues?

Answer 17

Employment standards, anything less than the standard isn’t enforceable, safety and compensation

Question 18

What is workplace discrimination?

Answer 18

Workplace harassment, pay equity, drug and alcohol testing

Question 19

What is workplace privacy?

Answer 19

Collection and dissemination of information, surveillance and searches, monitoring of communications

Question 20

What is a Certification?

Answer 20

Process by which a union is recognized as a bargain agent for a group of employees,

Question 21

What is Collective bargaining?

Answer 21

Parties enter a collective agreement or contract, applies to all employees of the bargaining unit

Question 22

What is a Collective Agreement?

Answer 22

Employment agreement reached between the union and employer setting out the bargaining unit employees’ term and conditions