Podcast
Questions and Answers
What governs the employment relationship of a non-unionized employee?
What governs the employment relationship of a non-unionized employee?
- Collective bargaining agreements
- Statutory agreements
- Common law principles of contract (correct)
- Federal employment legislation
What percentage of employees in Canada are governed by provincial employment legislation?
What percentage of employees in Canada are governed by provincial employment legislation?
- 90% (correct)
- 50%
- 100%
- 70%
Which industries are covered by federal employment laws in Canada?
Which industries are covered by federal employment laws in Canada?
- Retail and agriculture
- Airlines and broadcasting (correct)
- Mining and construction
- Local businesses and startups
What is a key characteristic of collective agreements?
What is a key characteristic of collective agreements?
What can employers operating in multiple provinces choose regarding statutory standards?
What can employers operating in multiple provinces choose regarding statutory standards?
Why is understanding workplace law essential for business people?
Why is understanding workplace law essential for business people?
Which type of employee has a terms and conditions of employment governed by an individual contract?
Which type of employee has a terms and conditions of employment governed by an individual contract?
Which of the following statements about workplace law is accurate?
Which of the following statements about workplace law is accurate?
What legal consequence can result from a candidate's misrepresentation of their qualifications?
What legal consequence can result from a candidate's misrepresentation of their qualifications?
What is a negligent misrepresentation in the context of hiring?
What is a negligent misrepresentation in the context of hiring?
What should employment contracts explicitly state about oral representations?
What should employment contracts explicitly state about oral representations?
Which of the following is a recommended practice during the hiring process?
Which of the following is a recommended practice during the hiring process?
What is a restrictive covenant in employment contracts designed to prevent?
What is a restrictive covenant in employment contracts designed to prevent?
Why is it important to verify if a candidate has existing contractual obligations?
Why is it important to verify if a candidate has existing contractual obligations?
What action can lead to legal liability for an employer during recruitment?
What action can lead to legal liability for an employer during recruitment?
What might an employer be liable for if they induce a candidate to breach their current employment contract?
What might an employer be liable for if they induce a candidate to breach their current employment contract?
How should job applicants acknowledge their employment information accuracy?
How should job applicants acknowledge their employment information accuracy?
What could lead to a longer termination notice period for a new employee?
What could lead to a longer termination notice period for a new employee?
What is essential for establishing a successful employer-employee relationship?
What is essential for establishing a successful employer-employee relationship?
What should an employer do if they discover a candidate has a restrictive covenant with a previous employer?
What should an employer do if they discover a candidate has a restrictive covenant with a previous employer?
What must be avoided when selling a job to a prospective employee?
What must be avoided when selling a job to a prospective employee?
How can misrepresentation during hiring potentially affect future employer responsibilities?
How can misrepresentation during hiring potentially affect future employer responsibilities?
What is the maximum reasonable notice an employer might need to provide based on years of service?
What is the maximum reasonable notice an employer might need to provide based on years of service?
What may an employer be required to pay if reasonable notice is not provided?
What may an employer be required to pay if reasonable notice is not provided?
In the case of Mesgarlou v 3xs Enterprises Inc, what was the employee's entitlement limited to?
In the case of Mesgarlou v 3xs Enterprises Inc, what was the employee's entitlement limited to?
What is a fixed-term contract?
What is a fixed-term contract?
What is required if a fixed-term contract is for 12 months or more?
What is required if a fixed-term contract is for 12 months or more?
What can happen if an employer uses multiple fixed-term contracts to cover what is actually an indefinite contract?
What can happen if an employer uses multiple fixed-term contracts to cover what is actually an indefinite contract?
What was significant about the Ballim v Bausch & Lomb Canada Inc case?
What was significant about the Ballim v Bausch & Lomb Canada Inc case?
What happens if an employer does not include a termination clause in a fixed-term contract?
What happens if an employer does not include a termination clause in a fixed-term contract?
What is the typical length range of a probationary period?
What is the typical length range of a probationary period?
If an employee is terminated at the end of a three-month probationary period, what is generally required?
If an employee is terminated at the end of a three-month probationary period, what is generally required?
What constitutes 'just cause' for dismissal?
What constitutes 'just cause' for dismissal?
What is a potential consequence of failing to specify a probationary period in a contract?
What is a potential consequence of failing to specify a probationary period in a contract?
Why should employers clearly negotiate termination provisions?
Why should employers clearly negotiate termination provisions?
What is meant by 'pay in lieu of notice'?
What is meant by 'pay in lieu of notice'?
What can be a consequence of failing to comply with workplace laws?
What can be a consequence of failing to comply with workplace laws?
What is a primary factor in distinguishing between an independent contractor and an employee?
What is a primary factor in distinguishing between an independent contractor and an employee?
Which of the following benefits are independent contractors NOT entitled to receive?
Which of the following benefits are independent contractors NOT entitled to receive?
What is one way to minimize the risk of misclassifying workers as independent contractors?
What is one way to minimize the risk of misclassifying workers as independent contractors?
What could happen if a business incorrectly identifies an employee as an independent contractor?
What could happen if a business incorrectly identifies an employee as an independent contractor?
What is the risk associated with failing to understand prohibited grounds of discrimination?
What is the risk associated with failing to understand prohibited grounds of discrimination?
What is a key advantage that independent contractors have over employees?
What is a key advantage that independent contractors have over employees?
What is the concept of ‘dependent contractors’?
What is the concept of ‘dependent contractors’?
What should NOT be included in a contract with an independent contractor?
What should NOT be included in a contract with an independent contractor?
What could be a significant consequence of a well-publicized human rights complaint?
What could be a significant consequence of a well-publicized human rights complaint?
What distinguishes an employer-employee relationship from a principal-independent contractor relationship?
What distinguishes an employer-employee relationship from a principal-independent contractor relationship?
Which of the following is NOT a characteristic of independent contractors?
Which of the following is NOT a characteristic of independent contractors?
How can businesses establish that a worker is an independent contractor?
How can businesses establish that a worker is an independent contractor?
What is one of the key roles of statutory and common law protections for workers?
What is one of the key roles of statutory and common law protections for workers?
What defines the point of undue hardship in accommodating an employee?
What defines the point of undue hardship in accommodating an employee?
Which of the following is a potential source of funding for accommodations?
Which of the following is a potential source of funding for accommodations?
In the case where a union refused to assist a disabled employee, what was the consequence for the union?
In the case where a union refused to assist a disabled employee, what was the consequence for the union?
What can be a consequence of failing to accommodate employees appropriately?
What can be a consequence of failing to accommodate employees appropriately?
What is one common situation that necessitates accommodation in the workplace?
What is one common situation that necessitates accommodation in the workplace?
What is the main purpose of non-competition clauses in employment contracts?
What is the main purpose of non-competition clauses in employment contracts?
Which category of employees can still enter into non-compete agreements after October 25, 2021, in Ontario?
Which category of employees can still enter into non-compete agreements after October 25, 2021, in Ontario?
Why were non-competition clauses traditionally difficult to enforce?
Why were non-competition clauses traditionally difficult to enforce?
What must an employer prove regarding non-competition clauses, even when they are allowed?
What must an employer prove regarding non-competition clauses, even when they are allowed?
What is the primary purpose of a restrictive covenant in an employment contract?
What is the primary purpose of a restrictive covenant in an employment contract?
What is a significant legal change regarding non-compete agreements in Ontario?
What is a significant legal change regarding non-compete agreements in Ontario?
What kind of clause restricts an ex-employee’s ability to solicit customers of their former employer?
What kind of clause restricts an ex-employee’s ability to solicit customers of their former employer?
What must employers verify to avoid potential liability for 'negligent hiring'?
What must employers verify to avoid potential liability for 'negligent hiring'?
What can make a contract of employment potentially unenforceable?
What can make a contract of employment potentially unenforceable?
What must employers provide if they want to amend terms in an employment contract?
What must employers provide if they want to amend terms in an employment contract?
Which of the following is NOT typically included in a written employment contract?
Which of the following is NOT typically included in a written employment contract?
What does it mean if an employment contract lacks consideration?
What does it mean if an employment contract lacks consideration?
What is a crucial advantage of having a well-drafted written employment contract?
What is a crucial advantage of having a well-drafted written employment contract?
Which of the following scenarios may lead to constructive dismissal?
Which of the following scenarios may lead to constructive dismissal?
What should employers do if they are considering hiring an employee who has signed a restrictive covenant?
What should employers do if they are considering hiring an employee who has signed a restrictive covenant?
Which of the following is true regarding termination without cause provisions?
Which of the following is true regarding termination without cause provisions?
Which statement about employment contracts is true?
Which statement about employment contracts is true?
What happens if an employment contract fails to meet minimum statutory standards?
What happens if an employment contract fails to meet minimum statutory standards?
What is typically considered the most contentious clause in an employment contract?
What is typically considered the most contentious clause in an employment contract?
When should an employment contract be signed according to best practices?
When should an employment contract be signed according to best practices?
What is one of the main challenges with changing employment policies post-hire?
What is one of the main challenges with changing employment policies post-hire?
Which of the following is an essential element of a contract?
Which of the following is an essential element of a contract?
Which of the following is a common reason for a court to find an employment contract unenforceable?
Which of the following is a common reason for a court to find an employment contract unenforceable?
In which situation must an employer exercise a high standard of care in checking references?
In which situation must an employer exercise a high standard of care in checking references?
What can happen if an employee rejects changes to their employment terms?
What can happen if an employee rejects changes to their employment terms?
What is the potential consequence of failing to check references adequately?
What is the potential consequence of failing to check references adequately?
What should an employer do regarding the relationship between contracts and policy manuals?
What should an employer do regarding the relationship between contracts and policy manuals?
What is the implication of 'consideration' in an employment contract?
What is the implication of 'consideration' in an employment contract?
Under which circumstance is an employee's resignation considered involuntary?
Under which circumstance is an employee's resignation considered involuntary?
What must an employer provide if a contract's termination notice provision is inadequate?
What must an employer provide if a contract's termination notice provision is inadequate?
What must an employer do after receiving a resignation from an employee?
What must an employer do after receiving a resignation from an employee?
What does the Ontario Court of Appeal's decision in Waksdale v Swegon North America Inc entail?
What does the Ontario Court of Appeal's decision in Waksdale v Swegon North America Inc entail?
What significant change was made to the Ontario Code regarding mandatory retirement policies?
What significant change was made to the Ontario Code regarding mandatory retirement policies?
Which requirement must termination with cause clauses clearly fulfill to be enforceable?
Which requirement must termination with cause clauses clearly fulfill to be enforceable?
What is NOT considered just cause for termination of an employee?
What is NOT considered just cause for termination of an employee?
What is one common legal issue regarding employee resignation?
What is one common legal issue regarding employee resignation?
Which of the following is a requirement for just cause dismissal?
Which of the following is a requirement for just cause dismissal?
What triggers the obligation for an employer to provide notice or pay in lieu of notice?
What triggers the obligation for an employer to provide notice or pay in lieu of notice?
What is progressive discipline?
What is progressive discipline?
What should NOT be a part of a performance review?
What should NOT be a part of a performance review?
What could render all termination clauses in an employment contract unenforceable?
What could render all termination clauses in an employment contract unenforceable?
What is recommended to minimize risks related to employment contracts?
What is recommended to minimize risks related to employment contracts?
Which action is advisable when an employee provides notice of resignation?
Which action is advisable when an employee provides notice of resignation?
What aspect could NOT constitute just cause for dismissal?
What aspect could NOT constitute just cause for dismissal?
What legal implications arise when an employment relationship ends by resignation?
What legal implications arise when an employment relationship ends by resignation?
In what situation might an employee successfully claim constructive dismissal?
In what situation might an employee successfully claim constructive dismissal?
Which is a key component of a valid performance appraisal process?
Which is a key component of a valid performance appraisal process?
What is the primary purpose of reviewing employment contracts regularly?
What is the primary purpose of reviewing employment contracts regularly?
When is an employer required to provide notice or pay in lieu of notice?
When is an employer required to provide notice or pay in lieu of notice?
What should an employer do if they allege just cause for dismissal?
What should an employer do if they allege just cause for dismissal?
What could happen if an employee formally rejects changes to their employment contract?
What could happen if an employee formally rejects changes to their employment contract?
What does the Ontario Code prohibit concerning age discrimination?
What does the Ontario Code prohibit concerning age discrimination?
How does a court or tribunal typically react if an employee resigns after being presented with an ultimatum?
How does a court or tribunal typically react if an employee resigns after being presented with an ultimatum?
What is a significant risk management step for employers regarding employment contracts?
What is a significant risk management step for employers regarding employment contracts?
What is the primary factor that courts consider when determining the length of a reasonable notice period for wrongful dismissal?
What is the primary factor that courts consider when determining the length of a reasonable notice period for wrongful dismissal?
What must an employee do to fulfill their common law duty to mitigate damages after being dismissed?
What must an employee do to fulfill their common law duty to mitigate damages after being dismissed?
In the event of finding new employment during the notice period, what typically happens to the earnings from that job?
In the event of finding new employment during the notice period, what typically happens to the earnings from that job?
What type of damages may an employee request if they suffer actual losses due to the manner of termination?
What type of damages may an employee request if they suffer actual losses due to the manner of termination?
In the case of Boucher v Wal-Mart Canada Corp, what amount was awarded for aggravated damages?
In the case of Boucher v Wal-Mart Canada Corp, what amount was awarded for aggravated damages?
What factor was NOT considered by the courts in evaluating Boucher's case against Walmart?
What factor was NOT considered by the courts in evaluating Boucher's case against Walmart?
Which of the following is an example of punitive damages?
Which of the following is an example of punitive damages?
What was one reason Boucher was awarded damages against Pinnock?
What was one reason Boucher was awarded damages against Pinnock?
Which statement about wrongful dismissal is true?
Which statement about wrongful dismissal is true?
How long was Boucher’s employment at Walmart before she resigned?
How long was Boucher’s employment at Walmart before she resigned?
Which of the following is NOT a Bardal factor used by courts to determine reasonable notice?
Which of the following is NOT a Bardal factor used by courts to determine reasonable notice?
What was a key issue in Boucher's case that contributed to her claim?
What was a key issue in Boucher's case that contributed to her claim?
What can happen if an employee fails to undertake serious job searches after being dismissed?
What can happen if an employee fails to undertake serious job searches after being dismissed?
What legal concept refers to the obligation to lessen losses after termination?
What legal concept refers to the obligation to lessen losses after termination?
What is required for an employer to avoid claims of constructive dismissal for an unpaid suspension?
What is required for an employer to avoid claims of constructive dismissal for an unpaid suspension?
What should an employer do before imposing disciplinary action on an employee?
What should an employer do before imposing disciplinary action on an employee?
Which concept describes the acceptance of an employee's misconduct due to an employer's inaction?
Which concept describes the acceptance of an employee's misconduct due to an employer's inaction?
What option must employers provide when dismissing employees without just cause?
What option must employers provide when dismissing employees without just cause?
What is a common legal consequence for employers who fail to provide proper notice upon termination?
What is a common legal consequence for employers who fail to provide proper notice upon termination?
Which of the following sources does NOT provide notice for termination of employment?
Which of the following sources does NOT provide notice for termination of employment?
Under what criteria is reasonable notice determined in common law?
Under what criteria is reasonable notice determined in common law?
What does the ESA ensure for employees regarding notice periods?
What does the ESA ensure for employees regarding notice periods?
What is a possible maximum duration of reasonable notice under common law for long-term employees?
What is a possible maximum duration of reasonable notice under common law for long-term employees?
Why might courts warn against using the 'one month per year' rule of thumb for estimating reasonable notice?
Why might courts warn against using the 'one month per year' rule of thumb for estimating reasonable notice?
What must employers ensure for a contractual notice period to be enforceable?
What must employers ensure for a contractual notice period to be enforceable?
What happens if an employee's misconduct is overlooked by an employer?
What happens if an employee's misconduct is overlooked by an employer?
What is the primary purpose of the notice requirement outlined in both common law and the ESA?
What is the primary purpose of the notice requirement outlined in both common law and the ESA?
What could result if an employer provides a shorter contractual notice period than common law notice?
What could result if an employer provides a shorter contractual notice period than common law notice?
What was the primary reason the appellate court reduced the punitive damages awarded to Pinnock?
What was the primary reason the appellate court reduced the punitive damages awarded to Pinnock?
Which of the following is NOT mentioned as a duty of employers towards employees?
Which of the following is NOT mentioned as a duty of employers towards employees?
Under what circumstance can an employee claim constructive dismissal?
Under what circumstance can an employee claim constructive dismissal?
What is an example of a fundamental change that may lead to constructive dismissal?
What is an example of a fundamental change that may lead to constructive dismissal?
In the case of Russo v Kerr, what was the key factor that led to the court's decision in favor of Russo?
In the case of Russo v Kerr, what was the key factor that led to the court's decision in favor of Russo?
What does the right to reinstatement provide for employees?
What does the right to reinstatement provide for employees?
What does 'qualified privilege' protect employers from?
What does 'qualified privilege' protect employers from?
What should employers do to minimize the risk of constructive dismissal claims?
What should employers do to minimize the risk of constructive dismissal claims?
If an employee stays beyond the reasonable notice period after a fundamental change, what is generally assumed?
If an employee stays beyond the reasonable notice period after a fundamental change, what is generally assumed?
What is a possible effect of allowing significant changes to job benefits?
What is a possible effect of allowing significant changes to job benefits?
Why may an employee not claim constructive dismissal after a minor salary reduction?
Why may an employee not claim constructive dismissal after a minor salary reduction?
What is one of the implications of the court's decision regarding punitive damages?
What is one of the implications of the court's decision regarding punitive damages?
Why is it essential for employers to conduct thorough investigations into complaints?
Why is it essential for employers to conduct thorough investigations into complaints?
What is a potential consequence of not providing a reference to a dismissed employee?
What is a potential consequence of not providing a reference to a dismissed employee?
How can an employer protect themselves when providing a reference for a dismissed employee?
How can an employer protect themselves when providing a reference for a dismissed employee?
What does ‘frustration of contract’ in an employment relationship mean?
What does ‘frustration of contract’ in an employment relationship mean?
Which of the following must employers demonstrate to establish frustration of contract?
Which of the following must employers demonstrate to establish frustration of contract?
What role do statutes play in the employer-employee relationship?
What role do statutes play in the employer-employee relationship?
What is one of the prohibited grounds of discrimination under the Code?
What is one of the prohibited grounds of discrimination under the Code?
What does the human rights legislation aim to ensure in the workplace?
What does the human rights legislation aim to ensure in the workplace?
What must an employer consider if their hiring policy discriminates against a specific group?
What must an employer consider if their hiring policy discriminates against a specific group?
Under what situation can nepotism policies become a legal exception to discrimination?
Under what situation can nepotism policies become a legal exception to discrimination?
How is discrimination defined in the context of human rights laws?
How is discrimination defined in the context of human rights laws?
What is required for an employer to terminate an employee due to illness after a prolonged absence?
What is required for an employer to terminate an employee due to illness after a prolonged absence?
What can happen if an employer provides excessive praise in a reference letter for a dismissed employee?
What can happen if an employer provides excessive praise in a reference letter for a dismissed employee?
Which right is specifically protected under human rights legislation concerning gender?
Which right is specifically protected under human rights legislation concerning gender?
What term describes a workplace policy that unintentionally affects certain groups negatively?
What term describes a workplace policy that unintentionally affects certain groups negatively?
What is required for a job qualification to be considered a bona fide occupational requirement (BFOR)?
What is required for a job qualification to be considered a bona fide occupational requirement (BFOR)?
Which of the following factors does NOT contribute to the determination of a bona fide occupational requirement?
Which of the following factors does NOT contribute to the determination of a bona fide occupational requirement?
What does the duty to accommodate entail in the workplace?
What does the duty to accommodate entail in the workplace?
In the case of Canadian Union of Public Employees v Toronto District School Board, what requirement was deemed discriminatory?
In the case of Canadian Union of Public Employees v Toronto District School Board, what requirement was deemed discriminatory?
What must an employer demonstrate to prove that a job requirement is a BFOR and not discriminatory?
What must an employer demonstrate to prove that a job requirement is a BFOR and not discriminatory?
Which of the following represents a common student misconception about adverse impact discrimination?
Which of the following represents a common student misconception about adverse impact discrimination?
What is the procedural dimension of the duty to accommodate?
What is the procedural dimension of the duty to accommodate?
Which term refers to the exclusion of group members based on specified grounds in policies?
Which term refers to the exclusion of group members based on specified grounds in policies?
What is a significant outcome of the Meiorin test applied in employment cases?
What is a significant outcome of the Meiorin test applied in employment cases?
Which of the following is an example of a BFOR for a specific job?
Which of the following is an example of a BFOR for a specific job?
Which dimension requires an employer to demonstrate the fulfillment of the duty to accommodate?
Which dimension requires an employer to demonstrate the fulfillment of the duty to accommodate?
Flashcards
Non-unionized employee
Non-unionized employee
An employee whose employment terms are based on an individual contract, not a collective agreement.
Unionized employee
Unionized employee
An employee whose employment terms are set by a collective agreement negotiated between their employer and a union.
Provincial employment legislation
Provincial employment legislation
Employment laws made by provincial governments, affecting the majority of Canadian workplaces.
Federal employment laws
Federal employment laws
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Employment contract
Employment contract
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Collective agreement
Collective agreement
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Employment relationship regulation
Employment relationship regulation
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Importance of workplace law for businesses
Importance of workplace law for businesses
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Independent Contractor
Independent Contractor
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Employee
Employee
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Employment Standards Legislation
Employment Standards Legislation
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Wrongful Dismissal
Wrongful Dismissal
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Dependent Contractor
Dependent Contractor
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Threshold Issue
Threshold Issue
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Canada Pension Plan and Employment Insurance premiums
Canada Pension Plan and Employment Insurance premiums
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Discrimination in employment
Discrimination in employment
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Human Rights Code
Human Rights Code
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Business Image
Business Image
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Freedom of Contract
Freedom of Contract
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Common Law Test
Common Law Test
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Statutory Notice of Dismissal
Statutory Notice of Dismissal
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Vacation Pay
Vacation Pay
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Tax Benefits, Independent Contractors
Tax Benefits, Independent Contractors
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Risk of incorrect categorization
Risk of incorrect categorization
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Honesty and Good Faith
Honesty and Good Faith
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Misrepresentations
Misrepresentations
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Legal Consequences of Misrepresentation
Legal Consequences of Misrepresentation
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Negligent Misrepresentation
Negligent Misrepresentation
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Aggressive Recruiting
Aggressive Recruiting
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Inducing Breach of Contract
Inducing Breach of Contract
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Job Application Forms
Job Application Forms
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Termination Clause
Termination Clause
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Restrictive Covenant
Restrictive Covenant
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Hiring Due Diligence
Hiring Due Diligence
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Enforceable Restrictive Covenant
Enforceable Restrictive Covenant
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Impact of Restrictive Covenant
Impact of Restrictive Covenant
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Verification of Contractual Obligations
Verification of Contractual Obligations
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Importance of Job Description Accuracy
Importance of Job Description Accuracy
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Written Employment Contracts
Written Employment Contracts
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Negligent Hiring
Negligent Hiring
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Positions of Trust
Positions of Trust
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Vicarious Liability
Vicarious Liability
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Offer and Acceptance
Offer and Acceptance
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Consideration
Consideration
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Written Employment Contract Benefits
Written Employment Contract Benefits
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Policy Manual
Policy Manual
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Notice of Termination
Notice of Termination
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Fixed-Term Contract
Fixed-Term Contract
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Probationary Period
Probationary Period
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Customize Employment Contracts
Customize Employment Contracts
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Refer to Policy Manual
Refer to Policy Manual
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Negotiate Notice of Termination
Negotiate Notice of Termination
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Reasonable Notice
Reasonable Notice
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Just Cause
Just Cause
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Pay in Lieu of Notice
Pay in Lieu of Notice
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Termination Clause in Fixed-Term Contracts
Termination Clause in Fixed-Term Contracts
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Statutory Notice
Statutory Notice
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Wilful Neglect of Duty
Wilful Neglect of Duty
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Early Termination Clause
Early Termination Clause
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Indefinite Contract
Indefinite Contract
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Employment Standards Act (ESA)
Employment Standards Act (ESA)
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Common Law Presumption
Common Law Presumption
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Enforceable Termination Clause
Enforceable Termination Clause
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Negotiating a Termination Provision
Negotiating a Termination Provision
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Non-compete Clause
Non-compete Clause
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Non-solicitation Clause
Non-solicitation Clause
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Non-disclosure Clause
Non-disclosure Clause
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Enforcement of Non-compete Clauses
Enforcement of Non-compete Clauses
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Non-compete Exceptions
Non-compete Exceptions
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Employer's Burden
Employer's Burden
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Non-solicitation Clause Enforcement
Non-solicitation Clause Enforcement
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Contract Enforceability Issues
Contract Enforceability Issues
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Lack of Consideration
Lack of Consideration
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Constructive Dismissal
Constructive Dismissal
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Employer's Options for Change
Employer's Options for Change
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Minimum Statutory Standards
Minimum Statutory Standards
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Undue Hardship
Undue Hardship
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Accommodation Costs
Accommodation Costs
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Disability Accommodations
Disability Accommodations
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Union Accommodation Duty
Union Accommodation Duty
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Seniority Transfer
Seniority Transfer
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Voluntary Resignation
Voluntary Resignation
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Resignation in the Heat of the Moment
Resignation in the Heat of the Moment
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Mandatory Retirement
Mandatory Retirement
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Age Discrimination
Age Discrimination
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Accommodation of Age-Related Disabilities
Accommodation of Age-Related Disabilities
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Termination for Cause
Termination for Cause
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Termination Without Cause
Termination Without Cause
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Common Law Notice
Common Law Notice
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Progressive Discipline
Progressive Discipline
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Incompetence
Incompetence
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Objective Performance Appraisal
Objective Performance Appraisal
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Performance Review Documentation
Performance Review Documentation
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Extenuating Circumstances
Extenuating Circumstances
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Vindictive Performance Review
Vindictive Performance Review
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Statutory Entitlements
Statutory Entitlements
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Wood v Fred Deeley Imports Ltd
Wood v Fred Deeley Imports Ltd
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Waksdale v Swegon North America Inc
Waksdale v Swegon North America Inc
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Wilful Misconduct
Wilful Misconduct
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Fundamental Change
Fundamental Change
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Resignation
Resignation
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Wrongful Resignation Damages
Wrongful Resignation Damages
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Common Law Reasonable Notice
Common Law Reasonable Notice
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Minimizing Risk
Minimizing Risk
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Bardal Factors
Bardal Factors
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Duty to Mitigate
Duty to Mitigate
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Wrongful Dismissal Damages
Wrongful Dismissal Damages
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Aggravated Damages
Aggravated Damages
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Punitive Damages
Punitive Damages
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Intentional Infliction of Mental Suffering
Intentional Infliction of Mental Suffering
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Open Door Policy
Open Door Policy
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Senior Management
Senior Management
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Retaliation
Retaliation
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Humiliation
Humiliation
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Tendering Resignation
Tendering Resignation
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Unpaid Suspension - Legal Issues
Unpaid Suspension - Legal Issues
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Disciplinary Actions - Documentation
Disciplinary Actions - Documentation
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Employee Response Before Discipline?
Employee Response Before Discipline?
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Progressive Discipline - Benefits
Progressive Discipline - Benefits
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Condonation - Impact on Discipline
Condonation - Impact on Discipline
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Termination Without Just Cause
Termination Without Just Cause
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Severance Package - Importance
Severance Package - Importance
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Notice of Dismissal - Legal Requirements
Notice of Dismissal - Legal Requirements
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Statutory vs. Common Law Notice
Statutory vs. Common Law Notice
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ESA - Employee Enforcement
ESA - Employee Enforcement
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Common Law Notice - Factors
Common Law Notice - Factors
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Reasonable Notice - Estimating
Reasonable Notice - Estimating
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Termination Entitlements Under ESA
Termination Entitlements Under ESA
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Wrongful Dismissal - Filing Options
Wrongful Dismissal - Filing Options
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Bardal Factors - Notice Calculation
Bardal Factors - Notice Calculation
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Fundamental Breach
Fundamental Breach
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Workplace Harassment
Workplace Harassment
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Workplace Investigations
Workplace Investigations
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Right to Reinstatement
Right to Reinstatement
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Defamation
Defamation
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Qualified Privilege
Qualified Privilege
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Constructive Dismissal Damages
Constructive Dismissal Damages
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Reasonable Notice Period
Reasonable Notice Period
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Mitigate Losses
Mitigate Losses
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Adverse Impact Discrimination
Adverse Impact Discrimination
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Accommodation
Accommodation
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Bona Fide Occupational Requirement (BFOR)
Bona Fide Occupational Requirement (BFOR)
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Meiorin Test
Meiorin Test
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Procedural Accommodation
Procedural Accommodation
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Substantive Accommodation
Substantive Accommodation
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Shared Responsibility
Shared Responsibility
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Nepotism Policy
Nepotism Policy
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Discriminatory Impact
Discriminatory Impact
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Prima Facie Discrimination
Prima Facie Discrimination
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Lifting Requirement
Lifting Requirement
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Reasonable Accommodation
Reasonable Accommodation
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Strength Training
Strength Training
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Frustration of Contract
Frustration of Contract
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Prohibited Grounds of Discrimination
Prohibited Grounds of Discrimination
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Duty to Accommodate
Duty to Accommodate
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Study Notes
Canadian Workplace Law: Employers and Employees
- Sources of Workplace Law: Canadian workplace rights are governed by statutes and common law.
- Non-Unionized Employees: The employment relationship is contractual, applying common law contract principles. Terms are negotiated individually.
- Unionized Employees: Terms are set in collective agreements.
- Provincial vs. Federal Laws: Most employees (90%) are governed by provincial employment legislation, depending on the industry. Federal laws cover national industries (10%): airlines, broadcasting, banks, and interprovincial transportation. Ontario's employment legislation is frequently similar to other provinces.
- Employer Obligations: Businesses must comply with employment, human rights, and health and safety laws. Failure to do so results in potential fines and lawsuits. Maintaining a positive employer-employee relationship can enhance a business's image and sustainability.
Independent Contractor vs. Employee
- Historical Context: Historically, employment was governed by "freedom of contract." Employee protections were needed due to employer's stronger bargaining position.
- Independent Contractor Definition: Self-employed workers undertaking specific projects for multiple clients.
- Employee Status: Determined by if the worker is an independent entrepreneur or under the hiring organization's control. Courts assess the substance of the relationship, location, scheduling, and client control. A contract stating independent contractor status is a factor, but not the sole determinant.
- Consequences of Misclassification: Recharacterization to "employee" by a court can have negative financial impacts(e.g., owing unpaid employment standards and insurance premiums; paying back owed benefits), including significant monetary penalties and potential wrongful dismissal claims.
Minimizing Risk in Employer-Employee Relationships
- Respect Independent Contractors: Allow independent contractors to work for other businesses. Clearly outline the independent contractor relationship in written contracts, avoid statutory deductions and employer-provided benefits, and allow flexibility in scheduling and work location.
- Honesty and Good Faith in Hiring: Be honest in the hiring process. Intentional misrepresentations can lead to dismissal based on whether the issue is foundational to the job's suitability or involves a lack of honesty. Unintentional misrepresentations can lead to negligent misrepresentation lawsuits.
- Thorough Hiring Procedures: Conduct thorough background checks and reference checks, especially for roles where trust and reliability are essential (e.g., nursing homes, security guards).
Employment Contracts
- Contract Essentials: A job offer accepted by an employee, and a mutual agreement on wages for work (consideration). A written contract provides clarity and certainty regarding termination clauses, and it should incorporate company policies into the binding agreement.
- Termination Clauses: Employment contracts should include carefully drafted termination clauses to define employee rights upon termination (with or without just cause), avoiding court disputes. Common law implies a reasonable notice period for termination if no clause is set.
- Fixed-Term Contracts: Clear termination dates are stipulated. The ESA often requires statutory notice, even for fixed-term contracts lasting more than a year. Employers must not create a false expectation of renewal. Ensure early termination details are added to fixed-term contracts.
- Probationary Periods: Allow employers to assess suitability. Ensure that probationary clauses do not exceed certain thresholds—the required notice period under the Ontario Employment Standard Act is usually required if an employee is terminated after three months of employment. Use written contracts for this.
- Restrictive Covenants: Clauses that limit activities after employment ends (e.g., non-competition, non-solicitation and non-disclosure). Effective October 25, 2021, Ontario's non-competition clause bans (with limited exceptions) apply to all employees. This applies to contracts entered after this date. Contracts predating this date remain valid unless deemed excessive. Ensure the contract reflects the intended obligations of your business and the worker.
Enforceability of Employment Contracts
- Lack of Consideration: Employment contracts lack consideration if there's no mutual agreement on exchange of value or if terms are changed after work has started without fresh consideration.
- Statutory Standards: Contract terms must adhere to minimum statutory standards (such as wages and termination notice). If not, terms become void, and courts impose common law standards on termination.
Ending the Employment Relationship
- Resignation: Implied obligation to provide reasonable notice.
- Retirement: Ontario legislation generally prohibits mandatory retirement at age 65.
- Termination: Employers may dismiss employees with just cause. Just cause is difficult to prove and usually involves substantial misconduct or breaches. If no just cause exists, employers must abide by termination notice standards under the ESA and common law.
- Constructive Dismissal: Occurs when an employer fundamentally alters employment conditions without an employee's consent or notice.
- Reinstatement: Reinstatement may be granted under specific circumstances, mostly applicable in a union environment or where the employer has violated a statute applicable to the employee.
- Defamation in Refences: While no duty to provide references is implied, truthful information given in references is protected from defamation lawsuits under qualified privilege.
Statutory Law Affecting Employment
- Human Rights in the Workplace: Ontario's Human Rights Code prohibits employment discrimination based on various protected characteristics.
- Duty to Accommodate: Employers must make reasonable accommodations for individuals with disabilities unless it presents undue hardship to the business.
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Test your knowledge of workplace law in Canada with this quiz. Explore key concepts such as employment relationships, collective agreements, and statutory standards. Perfect for those looking to understand the legal framework governing non-unionized employees.
