16 Questions
What is the defining characteristic of an independent contractor?
They render an invoice or bill for the service performed
In a union environment, how is the relationship between employer and employee outlined?
In a union contract
What is the primary focus of common-law in the context of employer-employee relations?
Contractual obligations such as termination or terms of relationship
What is the role of a manager in the employer-employee relationship?
To manage employees and make decisions concerning them
In Canada, which industries does the Canada Labour Code regulate?
Banks, marine shipping, and air transportation
What does the Rand Formula mandate in Canada?
All employees, regardless of union status, must pay their labour union dues
What is the purpose of restrictive covenants in employment contracts in Canada?
Outline conditions, promises, and restrictions for employees
In Canada, what constitutes wrongful dismissal?
Termination without valid reason
When is termination pay provided to an employee in Canada?
When an employer does not give dismissal notice
What is the primary purpose of unions in Canada?
To protect and further employees' rights and interests through negotiations with management
What do union contracts, or collective agreements, outline in Canada?
Rights, terms, conditions, and benefits for all employees within the union
What methods are involved in labor disputes in Canada?
Collective bargaining, strikes, legal and illegal strikes, wildcat strikes, lockouts, and alternative dispute resolution methods such as arbitration and mediation
What is the duration requirement for employment contracts to be in writing in Canada?
One year or more
What is the basis for providing severance pay to an employee in Canada?
Duration of employment
What actions may lead to dismissal in Canada?
Drug or alcohol use at work, lack of skills or knowledge, dishonesty, disobedience, conflicts of interest, and activities contrary to the employer's interests
What does the Government of Canada provide information on regarding employment in Canada?
Employment standards, protected employment rights, workplace health and safety, human rights legislation, and labour relations
Study Notes
Canadian Labour Law: Key Points
- Labour law in Canada governs relationships and contracts between employers and unions.
- The Government of Canada provides information on employment standards, protected employment rights, workplace health and safety, human rights legislation, and labour relations.
- The Canada Labour Code regulates industries such as banks, marine shipping, air transportation, railways, pipelines, and Crown corporations.
- The Rand Formula mandates that all employees, regardless of union status, must pay their labour union dues.
- Employment contracts in Canada can be written or verbal, but contracts for a fixed period of one year or more must be in writing.
- Restrictive covenants in employment contracts outline conditions, promises, and restrictions for employees, such as confidentiality and non-disclosure of trade secrets.
- Dismissal in Canada can occur for "just cause" or "unjust cause," with wrongful dismissal occurring when there is no valid reason for termination.
- Actions that may lead to dismissal in Canada include drug or alcohol use at work, lack of skills or knowledge, dishonesty, disobedience, conflicts of interest, and activities contrary to the employer's interests.
- Termination pay is provided to an employee when an employer does not give dismissal notice, while severance pay is based on the duration of employment and is provided when an employee loses their job.
- Unions in Canada are formed to protect and further employees' rights and interests through negotiations with management.
- Union contracts, or collective agreements, outline the rights, terms, conditions, and benefits for all employees within the union for a specific period of time.
- Labour disputes in Canada may involve collective bargaining, strikes, legal and illegal strikes, wildcat strikes, lockouts, and alternative dispute resolution methods such as arbitration and mediation.
Test your knowledge of Canadian labour law with this quiz! Explore key points such as employment standards, contracts, dismissal, unions, and labour disputes. Learn about the Canada Labour Code, the Rand Formula, restrictive covenants, and more.
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