Employment Law

Question 1

What is employment law?

Answer 1

Set of rules and standards to protect employees

Question 2

Does employment law apply to independent contractors

Answer 2

No it does not because this law only applies to employees who have less control compared to an independent contractor

Question 3

What are the two types of employment law?

Answer 3

Labour law
Employment law

Question 4

What is the difference between labour law and employment law?

Answer 4

Employment law- focuses on rights of individual employees
Labour law- focuses on collective rights of workers and the role of labour unions in negotiating with employers

Question 5

What is the fourfold test?

Answer 5

Is a test used to determine whether someone is an employee or an independent contractor

Question 6

What are the four elements of the fourfold test to find out if your an employee or am independent contractor

Answer 6

1. Control
2. Ownership of tools
3. Chance of profit
4. Who bears the risk of loss

Question 7

Describe the first element in the fourfold test

Answer 7

Control- if it is an employee the employer controls how work is done, when, where, and what tools are used
If it is an independent contractor the worker has more control over how work is done

Question 8

Describe second element of fourfold test

Answer 8

Ownership of tools- if it as an employee the employer provides the tools and equipment for the job
If it’s an independent contractor they usually have their own tools to work with

Question 9

Describe third element of fourfold test ( this also involves the last element).

Answer 9

Chance of profit or loss- if it is an employee they receive their regular wage or salary regardless of businesss profits and losses.
If it as in independent contractor they can make profit and also lose profit

Question 10

What is the organization test and what else is it known as?

Answer 10

The organization test also known as integration test or economic dependency test looks at the integration of the worker into the employers business and asks (“ is this person an essential part of employers organization” ?)
(if answer is yes then worker is considered an employee)

Question 11

An example of organization test

Answer 11

Photocopy machine repairman vs. Secretary at the law firm.
The secretary worker would be an employee because there is an employment relationship there.

Question 12

What are the obligations of an employer

Answer 12

• Pay
• provided a safe workplace physically and mentally free from harassment

Question 13

What are the obligations of an employee

Answer 13

1. Competent- knowing how to do something well
2. Honesty and loyalty- can be dismissed from work if you don’t follow these obligations
3. Punctuality- being on time to work
4. Act in employers best interests
5. Fiduciary obligations

Question 14

What is fiduciary obligation?

Answer 14

Someone with a high ranking in charge of more then other employees has to act in their best interest

Question 15

What is a summary dismissal?

Answer 15

An immediate dismissal based on behaviour the basis of gross misconduct.
( can be terminated without notice or severance pay )

Question 16

Performance related dismissal

Answer 16

Incapable of doing their job to the required standard.