Employment and Labour Law Flashcards
What are implied terms? When do they arise?
Terms imposed by common law into employer and employee relationship to create duties of both
Arises when there is no written contract or written contract is not complete
What are 2 duties an employer owes an employee?
- No dismissal or demotion without cause or reasonable notice
- Acting in good faith during dismissal/no constructive dismissal
What are 2 duties an employee owes an employer?
- Attend work, carrying out lawful orders, and perform duties in a competent manner
- Serve employer honestly and faithfully, not engaging in “conflict of interest”
What is Reasonable Notice of Termination?
Applies during termination without cause, allowing time to find alternative employment (insufficient notice leads to wrongful dismissal)
What is Termination for Just Cause?
An employer is entitled to dismiss an employee without reasonable notice for cause (but not if allowed behaviour in past)
What are 7 reasonable causes?
- Theft
- Dishonesty
- Insubordination and insolence
- Conflict of interest
- Willful disobedience of order or policy
- Incompetence
- Absenteeism/lateness
What is Constructive Dismissal?
When an employer changes or adds new terms to employment, employee can treat employment as terminated and sue for wrongful dismissal
What are 3 employment statutes?
- Employment Standards Act
- Human Rights Code
- Workers Compensation Act
What is the Employment Standards Act?
Applies to every employee and employer in BC (not engineers/EITs due to self-governance) with minimums for hours of work
What is the Human Rights Code?
Protects employees against discrimination where employers have duty to accommodate undue hardship
What is the Workers Compensation Act?
Governs workplace health and safety for injury reimbursement and workplace safety requirements
What are 5 terms of an employment agreement?
- Term of contract
- Nature of relationship
- Remuneration
- Restrictive covenants
- Termination provisions
