Employment Law Quiz

Sources of Law in Canadian Employment

• Common Law: Legal principles established through judicial decisions over time, guiding future rulings on similar cases. Reasoning and principles from older cases remain influential, even if specific facts do not directly apply to modern situations.
• Statutory Law: Laws passed by federal and provincial legislatures. These laws often codify and expand upon common law principles.
  • Canada Labour Code: Governs federally regulated workplaces (e.g., banks, airlines).
  • Employment Standards Act, 2000 (Ontario): Sets minimum employment standards in Ontario. Similar acts exist in other provinces.
  • Human Rights Codes (Federal and Provincial): Prohibit discrimination based on various grounds.
  • Occupational Health and Safety Acts (Federal and Provincial): Regulate workplace safety, including harassment.
  • Pay Equity Acts (Provincial): Aim to eliminate gender-based wage disparities.
• Constitutional Law: The Constitution Act, 1867 and 1982 establish the division of power between federal and provincial governments. Employment law is primarily a provincial matter, except for federally regulated industries. Jurisdictional issues are defined through court interpretations.
• Employment Relationships: Defines the employee relationship:
  • Employee: Employer controls how, when, and where work is performed. Work is integrated into the employer's business. Employees typically use employer's tools and equipment. Employees generally have less financial risk compared to other categories.
  • Independent Contractor: Contractors have more autonomy and control over their work. Their work is often project-based and independent within the employer's business. Contractors typically provide their own tools and equipment. Contractors bear more financial risk.
  • Dependent Contractor: A hybrid category with characteristics of both employees and independent contractors.

Employment Relationship: Employee vs. Independent Contractor vs. Dependent Contractor

• Definition: The employment relationship exists when an individual works for another under their control and direction. Independent contractors provide services independently with greater autonomy and control over their work. Dependent contractors share characteristics of both employees and independent contractors.

Key Distinctions

• Control: Employees' work is significantly controlled by the employer. Independent contractors have greater autonomy. Dependent contractors have some autonomy but are economically reliant on a single employer.
• Integration: Employees’ work is integrated into the employer's business. Independent contractors' work is more separate and project-based.
• Tools and Equipment: Employees typically use the employer's tools and equipment. Independent contractors usually provide their own. Dependent contractors may use some employer tools with some flexibility.
• Financial Risk: Employees generally have less financial risk as they receive a steady paycheck and benefits. Independent contractors have greater financial risk as they bear their own expenses and taxes. Dependent contractors fall between these two extremes.

Consequences of Misclassification

• Employers face potential risks (back taxes and penalties) when misclassifying employees.

Legal Tests for Classification

• Courts use a multifaceted test to determine an employment relationship. The degree of employer control, integration of tasks, financial risk, and investment in tools and equipment are among the considerations.

Employment Contracts

• Essential Elements: Offer, acceptance, consideration, intention to create legal relations, capacity, and legality.
• Common Terms: Parties (names, contact info); job description; compensation; hours of work; termination clause; notice periods.

Implied Terms in Employment Contracts

• Terms are implied by law or custom; not explicitly stated.
• Examples include duty of good faith, confidentiality, and reasonable notice upon termination.

Leaves of Absence: Entitlements and Procedures

• Maternity, Parental, Sick, and Family Medical Leave: Federal and provincial statuses specify entitlement periods and procedures, though the specific durations and eligibility criteria vary.

Collective Agreements

• Contracts negotiated between employers and unions, outlining employment terms; often used in unionized workplaces.
• Examples of key elements: Wages and benefits, working conditions, dispute resolution.

Occupational Health and Safety Act (OHSA)

• Employers have a duty to provide a safe workplace and take reasonable precautions. Employees have rights to refuse unsafe work, participate in safety discussions, and receive information about potential hazards.

Other Relevant Legislation

• Canada Labour Code: Governs federally regulated workplaces. This covers collective bargaining, occupational health and safety, and employment standards.
• Employment Standards Act (ESA): Establishes minimum employment standards in provinces, including wages, hours of work, and leave entitlements.
• Human Rights Codes: Prohibit discrimination in employment.

Termination of Employment: Just Cause, Notice, and Severance

• Just Cause: Serious misconduct that justifies immediate dismissal without notice or severance pay.
• Notice Period: Required when termination is not for just cause. Length generally depends on factors such as length of service and employee's position.
• Severance Pay: Additional compensation for termination due to mass layoffs or business closure in addition to notice or pay in lieu of notice.

Accessibility for Ontarians with Disabilities Act (AODA)

• Accessibility Standards: Establishes accessibility standards for employment, transportation, customer service, etc; employers have a legal duty to accommodate employees with disabilities.
• Duty to Accommodate: The Meiorin test (three-part test) examines if a seemingly discriminatory standard is a bona fide occupational requirement (BFOR).

Notable Case Law

• Case examples discussing the nuances of specific employment law topics.

Pay Equity Act

• Aims to eliminate gender-based wage disparities.

Advanced Concepts

• Detailed analysis of various legal concepts and principles. These analyses typically involve evaluating court decisions.