MISC Flashcards
Essentials of a Contract (4)
- Offer
- Acceptance
- Consideration
- Legality
What is the maximum fine applicable to individuals who are convicted under the OHSA?
$100,000
Remedial Certification
Allows the labour board to certify the union as a remedy, even when it has been unable to prove majority support among the employees, when the employer committs a serious illegal act designed to undermine the union’s organizing campaign.
The highest court in Ontario
Ontario Court of Appeal
Maximum amount under a Small Claims Court
< $35,000
Toronto Electric Commissioner v. Snider
Determined employment law to be provincial
R. v. Kapp
Established two-part test
Which removed the onus previously placed on employers to justify their classification of workers as independent contractors?
Bill 47 - Making Ontario Open for Business Act
*Employers are still obligated to classify them properly
Saving Provision
A provision that purports to guarantee minimum statutory entitlements regardless of any other language in the agreement
2 Principles of the Pay Equity Act
- Equal pay for work of equal value
- Compliance-based, not complaint-based
Steps to Pay Equity (7)
- Identify establishments
- Define job classes
- Determine gender predominance of job classes
- Select gender neutral evaluation system
- Comparison of job classes
- Posting and approving pay equity plan
- Pay adjustments
5 exceptions to Hiring Discrimination
- Special Interest Groups
- BFOR
- Nepotism
- Medical/Personal Attendants
- Affirmative Action Programs
Areas that must comply with the Human Rights Code (5)
- Hiring
- Transfers
- Promotions
- Compensation
- Benefits
Fraudulent Misrepresentation by Employer
Employer knowingly makes untrue or misleading statemetn and applicant suffers a loss as a result of relying on it
Negligent Misrepresentation by Employer
Employer carelessly makes a false or misleading statement and the applicant suffers a loss as a result of relying on that statement
Fraudulent or negligent misrepresentation by an applicant
May lead to dismissal without just cause if it led to job offer and was a significant component of the position
Establishing a prima facie case
- does the applicant have characteristics protected by the Code?
- did the applicant experience negative treatment or an adverse impact?
- was the protected characteristic a factor in the negative treatment or adverse impact.
If yes, applicant has made out a prima facie case of discrimination
How many agreements to vary, and what are they?
4
1. Agreement to exceed daily & weekly max. hours of work
2. Agreement to average hours of work for OT pay purposes
3. Agreement to compensate OT hours with time off in lieu of pay
4. Agreements to take vacation time in increments of less than one week
Test for Independent Contractor
- Degree of control
- Ownership of tools
- Risk of loss
- Permanence
- Exclusivity
- Degree of integration
What are the two parts of the duty to accommodate
Procedural and Substantive
Bardal Factors (5)
- Length of Service
- Age
3.Position & Character of Employment - Level of Compensation
- Amount of time it would take to find alternative employment
