Not covered

Question 1

4 ways of gaining permanent residence

Answer 1

1. Economic
2. Refugee
3. Family sponsored
4. Humanitarian Path (if none of the above)

Question 2

What is good and sufficient cause for dismisal?

Answer 2

• Financial Health
• Restructuring (abolish department or merging positions)
• Employee shortcomings related related to responsibilities

Question 3

What is a dependent contractor

Answer 3

Does not exist in Quebec, legal test is Mckee Test, to determine if dependent or independent (Dependent if >80% of revenue from one company, this number can vary slightly but no specific data from jurisprudence)

• Entitled to reasonable notice of termination if they are dependent

Question 4

What is humanitarian path?

Answer 4

Not for refugees, if rejected as refugee

Due to hardship that does not qualify you as a refugee

Question 5

What are the facts of Skiba V playground

Answer 5

• Skiba was an academic background in accounting without being CPA
• Worked hard and stayed late
• Informed that he would be terminated
• Sued playground for unpaid overtime wages. The act does not entitle managers to overtime wages

Question 6

What was decision of Skiba V playground?

Answer 6

• Wanted to know if he was manager
• Concluded that as financial analyst he performed an extension of the rule of his business unit and was therefore nto entitled to overtime
• MANAGER = NO OVERTIME

Question 7

What are the facts and decision of Vergara case?

Answer 7

• Massage equipment provided, oils, linens, etc
• D decides her hours and shifts, but if she doesnt show up for agreed upon shifts she would be fined
• No wages were paid
• Massages performed anywhere
• Determined to be independent contractor

Question 8

What were the facts of the wang case?

Answer 8

• Perform massages at active therapy clinic, full time
• only licensed massage therapist
• hourly wage
• provided equipment
• Billed clinic every 2 weeks for hours
• Paid without deductions
• Can give massages anywhere
• Employee and owed Overtime

Question 9

What are the facts of the atwater badminton case/

Answer 9

• Professional badminton player signed fixed term contract
• Worked 17 years
• 4 years without written contract
• Fixed VS indeterminate terms decide the notice period

Question 10

What was the decision of the Atwater badminton case?

Answer 10

• judg ruled that the series of fixed contracts implied an indefinite term relationship under certain circumstances
• Because of this, reasonable notie period is necessary