Employment Law Ch 1, 3-4 || with 100% Error-free Answers.
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Module
Employment Law Ch 1, 3-4
Institution
Employment Law Ch 1, 3-4
Two main sources of employment law in Canada correct answers Statute law
Common Law
7 important employment law statutes in Ontario: correct answers Employment Standards Act
Human Rights Code
Labour Relations Act
Occupational Health and Safety Act
Workplace Safety and Insurance Act
Pay Equi...
Employment Law Ch 1, 3-4 || with 100% Error-free
Answers.
Two main sources of employment law in Canada correct answers Statute law
Common Law
7 important employment law statutes in Ontario: correct answers Employment Standards Act
Human Rights Code
Labour Relations Act
Occupational Health and Safety Act
Workplace Safety and Insurance Act
Pay Equity Act
Accessibility for Ontarians with Disabilities Act
Six main federal employment laws are: correct answers Canada Labour Code
Canadian Human Rights Act
Canadian Charter of Rights and Freedoms (Constitution Act)
Employment Equity Act
Canada Pension Plan
Employment Insurance Act
Common Law correct answers Consists of decisions made by judges, and in employment law
cases this usually covers the area of wrongful dismissal, contract disputes and interpretation and
torts
Contractors correct answers is someone who is self-employed to perform specific work and is
not an employee
The benefits to hiring are - less legal obligations (no holiday pay, vacations, benefits, WSIB
premiums, notice periods, tax deductions or liability from negligence)
Common law tests used by courts to determine if someone is a contractor or an employee are:
correct answers Control test - who controls the work (when, where, how), is sub-contracting
allowed?
Risk test - is the person taking a financial risk of not being paid? Who carries the risk?
Organizational test - are the services provided integral to the business?
Durability/Exclusivity test - is the business the only client? How long has it been the only client?
Tools test - does the person provide their own tools for the work? What is the value of the tools?
To ensure an individual will be found to be a contractor- correct answers Parties should have a
contract for a fixed term, the business should not take tax deductions, there should be no vacation
pay or holidays, employee benefits are not provided, etc
The business should avoid making set hours, reimbursing expenses, should not provide tools or
uniforms or give performance reviews
The contractor should be able to work off-site, should be able to accept or decline work and
should have their own insurance
, Misrepresentation by Candidates: correct answers Dismissal is only acceptable if the
misrepresentation goes to the root of the qualifications required for the job or if it indicates an
inherent lack of honesty.
Misrepresentations which are minor or negligent do not justify dismissal.
Employers can protect themselves by using "attestation clauses" on application forms
Negligent Misrepresentation by Employer: correct answers making inaccurate statements during
the hiring process, even if the employer believed them to be true
Employees hired under false pretenses usually bring wrongful dismissal claims
Employers protect themselves by having accurate job descriptions, being candid at the interview,
using employment contracts, not being misleading in any way
Inducements correct answers Occur when an employee is lured from a position through
aggressive recruiting - includes repeated contact to encourage the employee to switch jobs
If an employee is induced to leave secure employment and is subsequently terminated, this can
lead to increased damages in wrongful dismissal, such as a higher notice period. **a clause that
will recognize whether work with a previous employer will be recognized for notice/severance
purposes**
Background Checks/Negligent Hiring: correct answers employers should exercise due diligence
to ensure applicants have been honest.This includes asking for references and contacting them,
contacting past employers - with written permission from the applicant
It is important to keep records of this background check process
Foreign references cannot be treated as less valuable than Canadian references
Confirmation of education is an important step
Employers must notify applicants in writing if they wish to run credit checks
Criminal records check can only be done with the consent of an applicant and may be required
where the employment is with vulnerable persons
Background checks usually take place after a conditional offer of employment has been made
Anticipatory Breach of Contract: correct answers When one of the parties rejects the
employment contract through conduct or statements before the employment has begun
An offer of employment has to have been made and accepted, subsequently rejected and
damages must have been suffered
When using a "temp agency" correct answers the employee usually remains employed by the
temp agency and not the company where they are completing the work. The temp agency
becomes responsible for vacation pay, employment standards, etc.
Courts will look at length of employment, who pays the employee, etc
The government has revised the ESA to ensure temp workers are protected
Three things are necessary in order for there to be a contract: correct answers An offer,
acceptance and consideration
Consideration correct answers Is something promised mutually between the parties
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