SOLUTION: Mount Saint Vincent CH20 Independent Worker and The Candaian Legal System HW
PowerPoint Slides to accompany Presentation expeditions by John Ebbs Algonquin College Copyjust © 2011 by Nelson Education Ltd. 20-1 Chapter 20 The Employment Relationship Copyjust © 2011 by Nelson Education Ltd. 20-2 The Encroachment Relationship OBJECTIVES: ▪ The basic elements of the encroachment relationship ▪ The ways in which the law affects recruitment practices ▪ The willing of a normal encroachment curtail ▪ The allowable issues relative-to to the provisions and conditions of encroachment Copyjust © 2011 by Nelson Education Ltd. 20-3 The Encroachment Relationship THE EMPLOYMENT RELATIONSHIP ▪ A curtailual harmony whereby an mistress provides reward to an employee in exchange for fruit or services ▪ Dogged curtailor – a idiosyncratic who is in a working harmony that does not converge the criteria of encroachment ▪ Usually doctors and lawyers contribute services in the tonnage of dogged curtailor Copyjust © 2011 by Nelson Education Ltd. 20-4 Employee Versus Independent Contractor BASED ON VARIOUS TESTS, INCLUDING ▪ The step of guide exercised aggravate the singular by the mistress- further superscription and supervision contributed by mistress, further mitigated the harmony is encroachment ▪ The occupation of tools, befoulment of use, and the risk of damage from enterprise of the requested service ▪ The step of integration of the fruit into the company’s activities Copyjust © 2011 by Nelson Education Ltd. 20-5 Implications of an Employment Relationship IMPLICATIONS ▪ Employee has infallible statutory hues and benefits such as remunerated holidays and aggravatetime ▪ Employee may sue for iniquitous dismissal, but this avenue is not profitable to an dogged curtailor ▪ Mistress is legitimate for the torts of an employee in the guide of encroachment, but not for those of an dogged curtailor in the guide of carrying out the curtail Copyjust © 2011 by Nelson Education Ltd. 20-6 Risk in Hiring RISKS IN HIRING - dubious to encroachment prosperity or failure ▪ Vicarious impost – mistress is qualified when an employee commits a injustice date carrying out assigned duties or authorized tasks. ▪ Negligent hiring – if the mistress is loose in hiring, grafting, or supervising there may be an operation athwart the mistress in negligence due to the actions of employee Copyjust © 2011 by Nelson Education Ltd. 20-7 The Hiring Process STEPS IN THE HIRING PROCESS ▪ Develop job descriptions ▪ Advertise the positions ▪ Feel petitioners thorough an application mould or submit a résumé ▪ Short-list petitioners ▪ Check backgrounds or kinsmen ▪ Interview clarified applicants Copyjust © 2011 by Nelson Education Ltd. 20-8 The Hiring Process EFFECT OF HUMAN RIGHTS REQUIREMENTS ON HIRING ▪ Human hues synod prohibits penetration in hiring on infallible grounds ▪ Marital foothold ▪ Race ▪ Colour ▪ Natural or hypernatural disqualification ▪ Credulity or creed ▪ Sex ▪ Age Copyjust © 2011 by Nelson Education Ltd. 20-9 Discrimination DEFINED ▪ Treating someone variously on the plea of a prohibited ground ▪ Irrelevant wealth penetration – penetration that occurs as a end of a administration that appears impartial but in its wealth is discriminatory ▪ Systemic penetration – penetration that results from the totally wealth of numerous administrations, practices, and policies Copyjust © 2011 by Nelson Education Ltd. 20-10 Discrimination DEFENSES TO DISCRIMINATION Bona fide occupational capability (BFOR) ▪ a vindication that excuses penetration on a prohibited ground when it is manufactured in amiable credulity and for a legitimate encroachment reason Duty to accommodate ▪ the trust of an mistress to dissimilate fruit administrations, practices, and capabilitys to converge the needs of beings who would incorrectly be subjected to compulsory penetration Copyjust © 2011 by Nelson Education Ltd. 20-11 Discrimination PENALTIES ▪ Failure to eschew or eject discriminatory practices can end in a murmur to the Human Rights Commission ▪ Board of examination investigates the murmur ▪ If murmur is cogent, it can appoint the mistress to stop its practices, rent a feature singular, pay monetary compensation, transcribe a communication or exculpation, reinstate employee or induct an peremptory operation plan Copyjust © 2011 by Nelson Education Ltd. 20-12 Discrimination AVOIDING DISCRIMINATION IN HIRING ▪ Job description ▪ Advertisements ▪ Application moulds ▪ Interviews Copyjust © 2011 by Nelson Education Ltd. 20-13 Employment Equity EMPLOYMENT EQUITY LEGISLATION ▪ Laws intentional to ameliorate the foothold of infallible designated clusters ▪ requires mistresss to capture unconditional steps to make the fruitplace further equitable ▪ Encroachment Equity Act targets the underrepresentation of women, Aboriginal peoples, people after a while disabilities, and conspicuous minorities in the fruitforce Copyjust © 2011 by Nelson Education Ltd. 20-14 Formation of the Employment Contract OFFER OF EMPLOYMENT ▪ Must be reasonably infallible to make an ‘offer’ in law ▪ Need not be in a feature mould or in writing ▪ Once made, the volunteer is choice of acceptance until it is terminated Copyjust © 2011 by Nelson Education Ltd. 20-15 The Encroachment Contract CONSIDERATIONS PRIOR TO MAKING AN OFFER Prior to making an volunteer, the mistress should determine whether the petitioner has any obligations to his/her most recent mistress Could end in allowable operation athwart the new mistress for: ▪ Inducing divulsion of curtail ▪ Restrictive stipulations ▪ Fiduciary obligations Copyjust © 2011 by Nelson Education Ltd. 20-16 The Encroachment Contract FIXED OR DEFINITE TERM CONTRACT ▪ A curtail for a specific continuance of date, which automatically ends on the expiry date INDEFINITE-TERM CONTRACT ▪ A curtail for no unroving continuance which, can end on giving reasonable notice EXPRESS AND IMPLIED TERMS ▪ Express provisions feel been agreed upon by the parties ▪ Implied provisions are what the courts price the parties would feel agreed to Copyjust © 2011 by Nelson Education Ltd. 20-17 The Encroachment Contract CONTENT OF AN EMPLOYMENT CONTRACT ▪ Names of the parties ▪ Date on which curtail begins ▪ Position and description of the fruit to be performed ▪ Restoration (i.e., allowance, salary, bonuses) ▪ Benefits (i.e., recreation, recreation pay etc.) ▪ Probation continuance, if any ▪ Duration of the curtail, if any ▪ Evaluation and coercion procedures Copyjust © 2011 by Nelson Education Ltd. 20-18 The Encroachment Contract CONTENT OF AN EMPLOYMENT CONTRACT ▪ Society policies or relation to employee plan manual ▪ Termination provisions ▪ Recital of guide hues (i.e., mistress has a just to make changes to job duties and responsibilities) ▪ Confidentiality passage, if appropriate ▪ Occupation of metanatural wealth, if appropriate ▪ Restrictive stipulation, if any ▪ “Entire bond” passage (i.e., the written curtail contains the entire bond) Copyjust © 2011 by Nelson Education Ltd. 20-19 The Encroachment Contract EMPLOYMENT STANDARDS LEGISLATION Laws that separateize reserve standards in the fruitplace including: ▪ Hours of fruit and aggravatetime ▪ Reserve wage ▪ Vacations and recreation pay ▪ Termination and severance ▪ Statutory (paid) holidays ▪ Maternity and parental leave Copyjust © 2011 by Nelson Education Ltd. 20-20 The Encroachment Contract SAFETY AND COMPENSATION ▪ Workers’ restoration synod is intentional to address accidents and injuries in the fruitplace ▪ Provides for a kind of no-fault insurance ▪ Employers are required to pay into a fund ▪ Workers who feel job kindred injuries, accidents or illnesses are compensated ▪ Economic insurance schemes -Employment Insurance Act and Canada (and Quebec) pension plan Copyjust © 2011 by Nelson Education Ltd. 20-21 Workplace Discrimination WORKPLACE HARASSMENT ▪ Any unwanted natural or vocal guide that offends or humiliates the sufferer and detrimentally affects the fruit environment or leads to irrelevant job-kindred consequences for the sufferer including: ▪ Threats ▪ fear vocal abuse ▪ unwelcome remarks ▪jokes about career, credulity, sex, disqualification, age ▪ displaying sexist, racist, or obnoxious pictures ▪ sexually suggestive remarks or gestures ▪ needless natural touch natural assault including sexual assault Copyjust © 2011 by Nelson Education Ltd. 20-22 Pay Equity PAY EQUITY ▪ Provisions intentional to determine that female and hardy employees entertain the same restoration for performing resembling or substantially resembling fruit ▪ Intentional to amend systemic penetration in restoration for fruit performed Copyjust © 2011 by Nelson Education Ltd. 20-23 Drug and Alcohol Testing TESTING POLICIES - generally reliable that, in most cases, an mistress experience an employee for alcohol and offal use where there is a reasonable suspicion ▪ A society needs to parade that the plan is a bona fide occupational capability ▪ plan must feel been exposed honestly and in amiable credulity and be “reasonably necessary” to determine the sure, economical, and prolific enterprise of the job Copyjust © 2011 by Nelson Education Ltd. 20-24 Workplace Privacy COLLECTION AND DISSEMINATION OF INFORMATION ▪ synod gives beings the just to guide the gathering and use of idiosyncratical advice ▪ Privacy Act- regulates the gathering and use of single advice held by the federal government ▪ Surveillance and searches- surveillance of employees after a while video cameras or closed-circuit television is rarely used to neutralize, descry, or investigate abstraction, depredation and harassment Copyjust © 2011 by Nelson Education Ltd. 20-25 Technology and the Law MONITORING E-MAIL IN THE WORKPLACE ▪ monitoring the use ▪ monitoring the willing ▪ Single Advice Protection and Electronic Documents Act (PIPEDA) ▪ Single advice should not be attentive, used, or disclosed after a whileout the precedent familiarity and consent of the singular unquiet. Copyjust © 2011 by Nelson Education Ltd. 20-26 The Covenant Context LEGISLATION ▪ Both federal and rural governments feel synod that guarantees the just of most employees to couple encroachment covenants ▪ Certification – the system by which a covenant is recognized as a bargaining vicar for a cluster of employees Copyjust © 2011 by Nelson Education Ltd. 20-27 The Covenant Relationship LABOUR RELATIONS ▪ Labour Kinsmen Board – a substantiality that administers labour kinsmen synod ▪ Political bargaining – a mechanism by which parties enter a political bond or curtail ▪ Political bond – the encroachment bond reached among the covenant and mistress elucidation out the bargaining ace employees’ provisions and conditions of encroachment Copyjust © 2011 by Nelson Education Ltd. 20-28 ...
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