Podcast
Questions and Answers
What type of decisions do administrative tribunals primarily make?
What type of decisions do administrative tribunals primarily make?
What might an individual be considered for tax purposes if classified as an independent contractor?
What might an individual be considered for tax purposes if classified as an independent contractor?
Which legislative act will introduce protections for gig workers performing digital platform work?
Which legislative act will introduce protections for gig workers performing digital platform work?
What do provincial and territorial human rights statutes in Canada apply to?
What do provincial and territorial human rights statutes in Canada apply to?
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What does the Meiorin three-part test assess?
What does the Meiorin three-part test assess?
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What criterion must be met regarding the adopted rule in the Meiorin test?
What criterion must be met regarding the adopted rule in the Meiorin test?
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Which of the following is a characteristic of discrimination as understood in modern legislation?
Which of the following is a characteristic of discrimination as understood in modern legislation?
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What is the role of an agent in the context of employment law?
What is the role of an agent in the context of employment law?
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What are the three basic elements necessary to create a contract?
What are the three basic elements necessary to create a contract?
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Which of the following is NOT an advantage of a written employment contract?
Which of the following is NOT an advantage of a written employment contract?
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Which of the following terms is typically included in a written employment contract?
Which of the following terms is typically included in a written employment contract?
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What is the purpose of the 'Severability Clause' in a contract?
What is the purpose of the 'Severability Clause' in a contract?
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Which of the following contractual terms relates specifically to how an employment relationship can be ended?
Which of the following contractual terms relates specifically to how an employment relationship can be ended?
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What must employers prove to demonstrate undue hardship?
What must employers prove to demonstrate undue hardship?
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Which practice is recommended for advertising job positions?
Which practice is recommended for advertising job positions?
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What type of questions are prohibited on job applications?
What type of questions are prohibited on job applications?
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When can an employer ask about a candidate's protected class status?
When can an employer ask about a candidate's protected class status?
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What should occur after a conditional offer of employment regarding medical exams?
What should occur after a conditional offer of employment regarding medical exams?
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How are substance dependencies treated in the context of employment?
How are substance dependencies treated in the context of employment?
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What type of testing is acceptable for candidates?
What type of testing is acceptable for candidates?
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Employers should be prepared to accommodate candidates who test positive for what?
Employers should be prepared to accommodate candidates who test positive for what?
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Which of the following is a duty of employment agencies?
Which of the following is a duty of employment agencies?
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What is a major concern with screening candidates based on overqualification?
What is a major concern with screening candidates based on overqualification?
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What may entitle an employee to a larger award for wrongful dismissal damages?
What may entitle an employee to a larger award for wrongful dismissal damages?
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What should employers be honest about in job offers?
What should employers be honest about in job offers?
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Which of the following is prohibited under the 2021 amendments to the Employment Standards Act?
Which of the following is prohibited under the 2021 amendments to the Employment Standards Act?
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What is an anticipatory breach of contract?
What is an anticipatory breach of contract?
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What must an employee show to succeed in a claim for anticipatory breach of contract?
What must an employee show to succeed in a claim for anticipatory breach of contract?
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What can negligent hiring expose the employer to?
What can negligent hiring expose the employer to?
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What must an employment contract include to protect against misunderstandings?
What must an employment contract include to protect against misunderstandings?
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Which of the following actions should employers avoid when inducing candidates?
Which of the following actions should employers avoid when inducing candidates?
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What is a restrictive covenant?
What is a restrictive covenant?
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What could result from failing to verify candidate information during hiring?
What could result from failing to verify candidate information during hiring?
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What requirement must employers fulfill when hiring for positions that require specific degrees?
What requirement must employers fulfill when hiring for positions that require specific degrees?
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Under what act must employers comply when conducting credit checks on applicants in Ontario?
Under what act must employers comply when conducting credit checks on applicants in Ontario?
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What type of check is recommended when hiring for positions involving work with vulnerable persons?
What type of check is recommended when hiring for positions involving work with vulnerable persons?
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When should most types of background checks be conducted to protect employers from liability?
When should most types of background checks be conducted to protect employers from liability?
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Which type of employee is generally not entitled to termination notice under Ontario's employment statutes?
Which type of employee is generally not entitled to termination notice under Ontario's employment statutes?
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What must an employee have worked to be eligible for benefits under the Employment Insurance (EI) system?
What must an employee have worked to be eligible for benefits under the Employment Insurance (EI) system?
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Why should internet and social media searches be used with caution during the hiring process?
Why should internet and social media searches be used with caution during the hiring process?
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Which type of employment relationship is considered casual?
Which type of employment relationship is considered casual?
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What should employers obtain from candidates before conducting police records checks?
What should employers obtain from candidates before conducting police records checks?
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Which of the following is NOT a type of employee relationship mentioned?
Which of the following is NOT a type of employee relationship mentioned?
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Administrative tribunals make decisions in specialized areas such as employment standards.
Administrative tribunals make decisions in specialized areas such as employment standards.
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An individual classified as an independent contractor is always considered an employee in wrongful dismissal actions.
An individual classified as an independent contractor is always considered an employee in wrongful dismissal actions.
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The Digital Platform Workers’ Rights Act, 2022 provides protections for gig workers.
The Digital Platform Workers’ Rights Act, 2022 provides protections for gig workers.
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Provincial and territorial human rights statutes only apply to government actions in Canada.
Provincial and territorial human rights statutes only apply to government actions in Canada.
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The Meiorin test consists of a two-part analysis to determine BFOR or BFOQ.
The Meiorin test consists of a two-part analysis to determine BFOR or BFOQ.
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Statute law refers to laws passed only by the federal government.
Statute law refers to laws passed only by the federal government.
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An agent represents the principal in dealings with a third party.
An agent represents the principal in dealings with a third party.
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Discrimination in employment law initially covered only intentional acts.
Discrimination in employment law initially covered only intentional acts.
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An employer's duty to investigate is stronger when a job poses a higher risk of harm to others.
An employer's duty to investigate is stronger when a job poses a higher risk of harm to others.
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Most employee rights in employment statutes apply equally to unionized and non-unionized employees.
Most employee rights in employment statutes apply equally to unionized and non-unionized employees.
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Administrative agencies are not allowed to investigate complaints.
Administrative agencies are not allowed to investigate complaints.
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Employers in Ontario are permitted to conduct credit checks on applicants without any restrictions.
Employers in Ontario are permitted to conduct credit checks on applicants without any restrictions.
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A bill becomes a statute only after obtaining the governor's approval.
A bill becomes a statute only after obtaining the governor's approval.
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Undue hardship for an employer must be proven to demonstrate failure to accommodate.
Undue hardship for an employer must be proven to demonstrate failure to accommodate.
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Private members’ bills can only address private matters, not public concerns.
Private members’ bills can only address private matters, not public concerns.
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Candidates must give informed consent before police records checks are conducted.
Candidates must give informed consent before police records checks are conducted.
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Temporary employees in Ontario are generally entitled to termination notice or pay in lieu of notice.
Temporary employees in Ontario are generally entitled to termination notice or pay in lieu of notice.
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The term 'bona fide occupational requirement' is irrelevant in employment law.
The term 'bona fide occupational requirement' is irrelevant in employment law.
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Regulations are rules made under the authority of a statute.
Regulations are rules made under the authority of a statute.
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Internet and social media searches can sometimes reveal accurate information about candidates.
Internet and social media searches can sometimes reveal accurate information about candidates.
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The Occupational Health and Safety Act is not considered a key employment statute in Ontario.
The Occupational Health and Safety Act is not considered a key employment statute in Ontario.
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Minimum standards for working conditions are historically set out in regulations.
Minimum standards for working conditions are historically set out in regulations.
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The Human Rights Code does not impact employment relationships.
The Human Rights Code does not impact employment relationships.
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The Alberta Human Rights Code applies to both private and public sectors.
The Alberta Human Rights Code applies to both private and public sectors.
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Intent to discriminate is necessary for the Alberta Human Rights Code to apply.
Intent to discriminate is necessary for the Alberta Human Rights Code to apply.
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Employers can choose to opt out of the Alberta Human Rights Code.
Employers can choose to opt out of the Alberta Human Rights Code.
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The Alberta Human Rights Code provides criminal penalties for violations.
The Alberta Human Rights Code provides criminal penalties for violations.
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Discrimination is not allowed during any stage of the employment relationship, including recruitment.
Discrimination is not allowed during any stage of the employment relationship, including recruitment.
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The Alberta Human Rights Code allows for discrimination under specific exemptions.
The Alberta Human Rights Code allows for discrimination under specific exemptions.
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The effect of a discriminatory action is less important than the intent behind it according to the Alberta Human Rights Code.
The effect of a discriminatory action is less important than the intent behind it according to the Alberta Human Rights Code.
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Special Service Organizations may have exemptions from the Alberta Human Rights Code.
Special Service Organizations may have exemptions from the Alberta Human Rights Code.
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The Alberta Human Rights Code prohibits only sexual harassment.
The Alberta Human Rights Code prohibits only sexual harassment.
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Discrimination based on association is one of the additional grounds recognized by the Alberta Human Rights Code.
Discrimination based on association is one of the additional grounds recognized by the Alberta Human Rights Code.
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An employee is entitled to a larger award for wrongful dismissal damages if there was inducement involved.
An employee is entitled to a larger award for wrongful dismissal damages if there was inducement involved.
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Employers are prohibited from including probationary clauses in employment contracts.
Employers are prohibited from including probationary clauses in employment contracts.
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Non-competition clauses are fully prohibited under the Employment Standards Act.
Non-competition clauses are fully prohibited under the Employment Standards Act.
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Anticipatory breach of contract occurs only after employment begins.
Anticipatory breach of contract occurs only after employment begins.
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Employers are liable for negligent hiring if they fail to verify candidate information.
Employers are liable for negligent hiring if they fail to verify candidate information.
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All restrictive covenants are acceptable regardless of the circumstances.
All restrictive covenants are acceptable regardless of the circumstances.
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An anticipatory breach requires proof of damages suffered by the employee.
An anticipatory breach requires proof of damages suffered by the employee.
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Employers should be vague about job prospects when making an offer.
Employers should be vague about job prospects when making an offer.
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A signing bonus can be used to induce a candidate to leave another job.
A signing bonus can be used to induce a candidate to leave another job.
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Background checks should be conducted after employment begins to avoid liability.
Background checks should be conducted after employment begins to avoid liability.
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Study Notes
Judicial Framework
- Administrative tribunals focus on specialized areas, including employment standards and discrimination.
- Administrative agencies have the authority to investigate complaints and issue rulings.
Defining the Employment Relationship
- Distinction exists where an individual may be viewed as an independent contractor for tax but as an employee for wrongful dismissal claims.
- The Digital Platform Workers’ Rights Act, 2022 aims to protect gig workers engaged in digital platform work.
- An agent represents a principal in transactions with third parties.
Human Rights Statutes
- Provincial and territorial human rights statutes apply to both individuals and corporations, banning discrimination in key areas.
- Definitions of discrimination have expanded beyond intentional acts.
Meiorin Test for BFOR/BFOQ
- A three-part test is utilized to determine the legitimacy of a workplace requirement:
- Connection between the requirement and job performance.
- Adoption based on an honest belief in its necessity for legitimate business purposes.
- Reasonable necessity of the requirement to achieve that purpose, with undue hardship on the employer being the ultimate limit.
Recruitment, Selection, and Hiring
- Employment agencies must adhere to human rights standards.
- Best practices include broad advertising to avoid perpetuating the status quo.
- Job advertisements must avoid discouraging members of protected groups.
- Application questions must not classify candidates by prohibited grounds.
- Background information requests should occur post-conditional offer to protect applicants' rights.
Areas of Common Law Liability
- Inducement in hiring may result in larger wrongful dismissal awards if dismissed after acceptance.
- Honesty in job description and addressing notice periods in contracts is crucial.
- Restrictive covenants limit former employees from competing or contacting customers, with recent regulations limiting non-competition clauses.
- Anticipatory breach occurs when employment contracts are repudiated after acceptance but before starting.
- Negligent hiring exposes employers to liability if they fail to verify candidate information.
Background Checking
- Employers must conduct thorough background checks when the role poses risks, including verifying degrees and police records.
- Candidates must consent to police checks, and social media searches must be cautiously approached due to potential inaccuracies.
Types of Employment Relationships
- Employees can be classified as full-time, part-time, temporary, casual, agency/temps, or temporary foreign workers.
- Ontario employment statutes generally do not differentiate between employee types, although temporary employees may lack notice rights.
Employment Contracts
- Essential elements of a contract: offer, acceptance, and consideration; oral agreements can also be binding.
- Written contracts yield benefits such as reduced misunderstandings and addressing issues pre-emptively.
- Contracts should be tailored to individual roles, avoiding a one-size-fits-all approach.
Common Contractual Terms
- A comprehensive employment contract includes details on job description, remuneration, term, and termination clauses.
- Additional terms cover resignation notice, probationary periods, relocation, remote work, and benefits.
- Specific clauses can address restrictive covenants, intellectual property ownership, governing law, and severability.
Key Considerations in Contracts
- Properly drafted contracts can minimize liability and clearly outline expectations.
- Incorporating clauses regarding inducement, corporate policies, and the entire agreement protects both parties.
Sources of Employment Law
- Statute law includes legislation passed by federal and provincial/territorial governments, crucial for employee rights.
- Employment statutes establish minimum workplace standards, impacting both unionized and non-unionized employees.
- Anti-discrimination laws also play a significant role in defining the employment relationship.
Creation of Statutes
- A bill evolves into a statute after three readings in the legislative assembly.
- Public bills, introduced by Cabinet ministers, are generally applicable, while private members’ bills address specific matters.
- Royal Assent marks the formal transition of a bill into a statute.
Regulations
- Regulations under statutes provide detailed rules and standards, such as wage specifications in the Employment Standards Act, 2000.
Key Ontario Employment Statutes
- Notable legislation includes:
- Employment Standards Act, 2000
- Human Rights Code
- Labour Relations Act, 1995
- Occupational Health and Safety Act
- Workplace Safety and Insurance Act, 1997
- Pay Equity Act
- Accessibility for Ontarians with Disabilities Act, 2005
Judicial Framework and Administrative System
- Administrative tribunals address decisions in specialized areas, including employment standards and discrimination.
- Agencies may investigate complaints and issue rulings in related matters.
Defining the Employment Relationship
- An independent contractor may be classified as an employee for wrongful dismissal claims.
- The Digital Platform Workers’ Rights Act, 2022 will provide protections for gig workers in digital platforms.
- Agents represent principals in third-party dealings, influencing contractual and legal contexts.
Human Rights Legislation
- Provincial human rights statutes prohibit discrimination in social areas, requiring compliance from individuals and corporations.
- The Meiorin three-part test evaluates the legitimacy of employment requirements based on job performance necessity.
Alberta's Human Rights Code
- Prohibits employment discrimination on 16 grounds and includes sexual harassment as a prohibited act.
- The Code cannot be overridden by contractual agreements and prevails over conflicting statutes.
- Applies to all employment relationship stages, including recruitment.
Exemptions in Human Rights Codes
- Allows discrimination under specific circumstances, including:
- Special Service Organizations
- Bona Fide Occupational Qualifications (BFOQ/BFOR)
- Situations causing undue hardship for the employer
- Affirmative Action programs
Recruitment, Selection, and Hiring
- Discrimination against job applicants is prohibited, even if only one factor contributes to a decision.
- Inducements can increase wrongful dismissal claims if employees are misled during hiring.
Common Law Liability Areas
- Honest job descriptions and clear termination notices are critical to avoid legal issues.
- Restrictive covenants may limit competition and solicitation of clients/employees; revised laws restrict non-competition clauses.
- Anticipatory breach occurs if an employer repudiates an accepted offer before employment commencement.
Background Checking and Negligent Hiring
- Employers may face liability for failing to verify candidate information that could foreseeably harm others.
- Background checks should be conducted following a conditional job offer to reduce liability risks.
- Police record checks require informed consent from candidates, with care taken to avoid discrimination during the process.
Employment Relationship Types
- Employees can be full-time, part-time, temporary, casual, agency/temporary workers, or foreign workers.
- Employment statutes generally do not differentiate based on employment type, except for temporary employees, who lack notice rights upon termination.
- Eligibility for Employment Insurance requires a certain number of work hours in insurable employment.
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Description
This quiz covers the judicial framework and administrative systems related to employment law, specifically focusing on the decisions made by administrative tribunals. It explores the role of administrative agencies in investigating complaints and making rulings in areas such as employment standards and discrimination.
