ELAW F2024 Special

<p>Working late to finish a project (B)</p> Signup and view all the answers

<p>A clear connection between work conditions and recognized disease (C)</p> Signup and view all the answers

<p>Misconduct or incompetence that fundamentally breaches the contract (D)</p> Signup and view all the answers

<p>The investigator must show a bias towards the employer (B)</p> Signup and view all the answers

<p>Theft or assault (A)</p> Signup and view all the answers

<p>The proportionality of the sanction to the act of misconduct (B)</p> Signup and view all the answers

<p>The company’s financial performance (B)</p> Signup and view all the answers

<p>The ability to compile and analyze personal information quickly. (C)</p> Signup and view all the answers

<p>Employers can be liable for privacy invasions perpetrated by their employees in their duties. (D)</p> Signup and view all the answers

<p>Salary (A)</p> Signup and view all the answers

<p>Recovering part of the premium from employees (D)</p> Signup and view all the answers

<p>They must classify themselves according to industry type and potential hazards (B)</p> Signup and view all the answers

<p>Rapid compilation and manipulation of sensitive information (C)</p> Signup and view all the answers

<p>If the invasion is conducted by an employee during work duties (D)</p> Signup and view all the answers

<p>The employee's prior salary (B)</p> Signup and view all the answers

<p>Repeated occurrences, with warnings, are generally required (A)</p> Signup and view all the answers

<p>Theft of company property (A)</p> Signup and view all the answers

<p>Employers must cover the full cost of the system through premiums. (D)</p> Signup and view all the answers

<p>To classify the business risk and assign a base insurance rate. (D)</p> Signup and view all the answers

<p>The employee faced coercive circumstances to resign. (B)</p> Signup and view all the answers

<p>The employee must take reasonable steps to find comparable work. (D)</p> Signup and view all the answers

<p>Increasing an employee's salary without changing their job description. (A)</p> Signup and view all the answers

<p>Searching for jobs that offer equivalent salary and responsibilities. (C)</p> Signup and view all the answers

<p>A consideration of multiple factors including duration of service, age and economic conditions (A)</p> Signup and view all the answers

<p>Working conditions are unchanged and not demeaning. (A)</p> Signup and view all the answers

<p>Return workers to their pre-accident employer (A)</p> Signup and view all the answers

<p>Provide medical information (B)</p> Signup and view all the answers

<p>Invasions of privacy committed by their employees during work duties (D)</p> Signup and view all the answers

<p>The employer conduct indicates a desire to end the contract. (B)</p> Signup and view all the answers

<p>Rejecting any job offers that require relocation. (B)</p> Signup and view all the answers

<p>Demonstrate that comparable jobs were available. (D)</p> Signup and view all the answers

<p>If the salary and working conditions remain the same. (B)</p> Signup and view all the answers

<p>Protection from lawsuits by injured workers (C)</p> Signup and view all the answers

<p>Independent contractors (D)</p> Signup and view all the answers

<p>The injury must arise out of and in the course of employment (B)</p> Signup and view all the answers

<p>Employers pay premiums that fund the system (D)</p> Signup and view all the answers

<p>Most industries are compulsorily covered (C)</p> Signup and view all the answers

<p>True (A)</p> Signup and view all the answers

<p>True (A)</p> Signup and view all the answers

<p>False (B)</p> Signup and view all the answers

<p>False (B)</p> Signup and view all the answers

<p>False (B)</p> Signup and view all the answers

<p>True (A)</p> Signup and view all the answers

<p>False (B)</p> Signup and view all the answers

<p>False (B)</p> Signup and view all the answers

<p>True (A)</p> Signup and view all the answers

<p>False (B)</p> Signup and view all the answers

Injuries not covered by WCB if primarily caused by the worker's intentional wrongdoing during work.

Claims for disabilities developing slowly over time, often linked to work conditions.

Pre-existing conditions may affect WCB claim eligibility, depending on the nature of the injury.

Claim for disease related to work must demonstrate a clear link between work/environmental conditions and the specific illness.

WCB coverage for mental issues may depend on whether work-related stressful events are predominant, severe, and confirmed by expert analysis.

Workers usually prove their injury's link to their job (causal). Exceptions: like PTSD for first responders.

Specific list from British Columbia or Alberta laws identifying diseases associated with certain industries. If listed, there's a strong assumption that work caused it.

A relatively new issue, increasingly important due to the ability to easily collect, analyze, and transfer vast amounts of personal data.

Federal legislation in Canada outlining how organizations can collect, use, and disclose personal information.

Information about an identifiable individual, encompassing various details like demographics, online activity, financial data, and even employment records.

Employers can be held responsible for privacy breaches committed by their employees within the scope of their work.

A law that grants individuals the right to access information held by public bodies while laying out guidelines for the collection, use, and disclosure of personal information by these bodies.

Government departments, agencies, boards, corporations, educational institutions, healthcare providers, local governments, and self-governing professional organizations.

The right granted to individuals to request and access information held by government agencies or public bodies.

The process of gathering, managing, and storing data about individuals.

The act of revealing personal data to others, whether permitted by law or not.

A serious breach of contract by an employee that justifies immediate dismissal without notice or pay.

Misconduct or incompetence that falls short of just cause. It doesn't allow for immediate dismissal, but may affect the notice period or pay.

Disciplinary actions must be appropriate to the severity of the misconduct.

Following fair processes when handling misconduct allegations, such as impartiality, opportunity to respond, prompt investigation, and avoiding ultimatums.

Examples of actions that can lead to just cause dismissal include dishonesty, insubordination, incompatibility, off-duty conduct, conflict of interest, disobedience, absenteeism, and sexual harassment.

The Personal Information Protection Act (PIPA) is a law in British Columbia and Alberta that protects personal information. It's similar to PIPEDA, but applies to provincially regulated industries.

PIPA covers various organizations like businesses, non-profits, unions, schools, and individuals acting in a commercial capacity.

PIPA includes rules for how employers handle the personal information of their employees.

PIPA is guided by principles that ensure the collection, use, and disclosure of personal information is fair and responsible.

Individuals can request access to their personal information held by organizations and can request corrections to inaccurate information.

PIPA applies to personal information related to commercial transactions or activities, including information about employees.

Even individuals acting in a commercial capacity are covered by PIPA.

PIPA includes rules for how non-profit organizations handle personal information, including employee info.

Trade unions are subject to PIPA and must follow its principles when handling personal information.

Private schools are subject to PIPA and its rules for handling personal information, including student data.

When an employee is dismissed without just cause or sufficient notice, breaching their employment contract.

The minimum time an employer must give an employee before dismissal, based on factors like job tenure and seniority.

These are the standard benefits an employee receives after dismissal, such as salary, benefits, and any contractual perks.

Compensation for the employer's unfair or bad faith conduct during dismissal.

Awarded when an employer's behaviour during dismissal is extremely bad, designed to punish and deter such actions.

Dismissal involving unfair, dishonest, or disrespectful actions by the employer.

A reason for dismissal that is made up or untrue, intended to justify a firing.

Unwanted and offensive behavior by an employer before an employee is fired, which may be grounds for wrongful dismissal.

When an employee is fired because of their disability, it is often considered wrongful dismissal.

A set of criteria used to determine the fair and reasonable notice period required in a wrongful dismissal case.

Benefits paid to workers injured on the job. These help cover lost wages, medical expenses, and rehabilitation.

Pays for wages lost during the time a worker is unable to work due to an injury.

Covers medical expenses related to the work injury, including doctor visits, medications, and therapies.

Provides regular payments to workers unable to work temporarily after an injury.

Provides lifelong payments to workers who are permanently unable to work due to an injury.

Provides financial support to a worker's family if they die due to a work-related injury.

Helps workers retrain for new careers after an injury that prevents them from returning to their old job.

Employers pay the full cost of the worker's compensation system through premiums.

No, it's illegal for employers to recover any portion of their worker's compensation premiums from their employees.

WCB assigns insurance rates to employers based on their industry type and potential hazards. This determines the premium they pay.

A Certificate of Recognition (COR) is a safety accreditation program for workplaces that shows they meet safety standards.

Effective claims management aims to ensure injured workers receive timely and appropriate compensation while managing costs for the employer.

Promptly complete and file an accident report to initiate the claims process.

Challenge only claims that are truly doubtful, but do so from the start.

The WCB does not directly manage return-to-work plans. Employers are responsible for establishing and accommodating these plans.

Workers, dependents, or employers can appeal WCB decisions if they disagree.

WCB Appeals Commissions are independent bodies that review WCB decisions to ensure fairness and adherence to regulations.

Workers' Compensation Board (WCB) typically covers 100% of the cost of physiotherapy and treatments related to a work-related injury.

WCB provides monetary benefits to compensate for lost earnings after a work injury. These benefits are usually calculated as 90% of the employee's pre-injury net earnings.

When employees return to work with modified duties after an injury, WCB benefits may continue to be paid for the difference between their pre-injury earnings and their earnings on modified duties.

Employers and employees have a shared responsibility to cooperate with WCB to facilitate the employee's return to work after an injury. This includes keeping in touch, disclosing medical information, and making workplace modifications.

Employees are required to disclose medical information related to their functional abilities after an injury to facilitate their return-to-work process.

Failure to provide necessary information to WCB regarding an injury may result in a suspension of benefits.

The Workers' Compensation Board (WCB) aims to return injured workers to their pre-accident employer whenever possible.

Employer and employee collaboration is crucial for facilitating a successful return to work after a work-related injury. This involves open communication and shared responsibility.

The WCB's goal of returning injured workers to their pre-accident employer involves a process that includes communication, information sharing, and workplace modifications.

This law allows individuals to access government records, including personal information, unless the Act specifically permits withholding. It balances access with privacy protection.

You have a right under the Freedom of Information Act to request changes to inaccurate personal information held by the government, although this may not always be successful.

You can file a complaint with the Information and Privacy Commissioner if you believe an organization has violated the Freedom of Information Act regarding your personal information.

Any information that identifies an individual, including age, sex, religion, ethnicity, opinions, photos, ID, address, online activity, financial data, employment records, and more.

Government departments, agencies, boards, corporations, educational institutions, healthcare providers, local governments, and self-governing professional organizations.

Your right to privacy extends to your work environment. Employers need to respect your personal information and its collection, use, and disclosure.

Employers are fully responsible for funding the workers' compensation system. They pay premiums to cover the costs of benefits for injured workers.

WCB premiums are determined by the type of industry an employer operates in and the potential hazards present in their workplace.

When a worker is injured, the employer must establish a clear process for investigating the incident. This helps determine eligibility for benefits.

Accident reports are crucial for initiating the claims process. They document the details of the injury and help the WCB determine eligibility for benefits.

Independent Appeals Commissions review WCB decisions. Their job is to ensure that decisions are fair and follow the rules.

Individuals can complain to the commissioner if they believe their privacy has been violated, such as unauthorized collection or disclosure of personal information.

An individual appointed within an organization responsible for ensuring compliance with privacy laws and protecting personal information.

Rules and guidelines established by an organization to ensure the responsible collection, use, and disclosure of personal information.

An employee's decision to leave employment freely, without being forced or pressured.

An employer's confirmation of an employee's decision to resign, typically in writing.

The amount of time an employee must provide an employer before leaving their position, typically based on their employment contract.

Certain situations, like a statutory requirement, may influence the duration of the notice period for resignation.

An employer can prevent an employee from working during their notice period while still paying them.

An employee's actions, such as consistent absence or clear statements, can be interpreted as resignation even without a formal letter.

There's an unspoken rule, not a law, that requires reasonable notice when resigning.

An employee's legal obligation to try to find comparable work after being dismissed, minimizing the financial losses they claim from the employer. The employer must prove there were suitable jobs and the employee didn't make reasonable efforts to secure them.

When an employer makes significant changes to the employment contract, making it unreasonable or unfair for the employee, forcing them to quit. The employee can then claim damages as if they were dismissed unfairly.

Significant changes like reduced compensation, major changes in duties, unwanted relocation, unreasonable work hour changes, layoffs, or a hostile work environment.

If their salary is the same, the work environment hasn't significantly worsened, and personal relationships aren't strained, the employee may be expected to work despite changes.

A dismissal justified by the employee's serious misconduct, incompetence, or breach of contract. This allows the employer to terminate the employee without notice or pay.

A legal justification for immediate dismissal without notice or pay. Examples include dishonesty, insubordination, serious conflict of interest, repeated absenteeism, or violent behavior.

Employee misconduct or incompetence that falls short of 'just cause' for immediate dismissal, but might affect the notice period or pay.

The employer must be fair and impartial in handling misconduct allegations. This includes giving the employee a chance to respond, conducting a prompt investigation, and avoiding ultimatums.

Employers can minimize wrongful dismissal claims by hiring carefully, including clear termination clauses, using probationary periods, documenting everything, providing reasonable notice, determining if 'just cause' is valid, and using a professional approach to termination.

A no-fault insurance scheme for work-related injuries or diseases, funded by employer premiums, providing compensation for injured workers while protecting employers from lawsuits.

Compensation is paid to injured workers regardless of whether the employer or employee was at fault, removing liability from the equation.

A focus on getting injured workers back to their jobs safely and quickly, helping them regain their independence and productivity.

Help for workers who cannot return to their previous jobs, offering retraining and support to find new careers.

Organizations that administer the Workers' Compensation system, like WorkSafeBC and WCB Alberta.

Workers who are not covered by the Workers' Compensation system because they are self-employed.

To be eligible for benefits, an injury must occur 'arising out of and in the course of employment,' even if not directly related to job duties, but reasonably incidental to it.

Employers pay premiums based on industry type and potential hazards, funding the Workers' Compensation system.

The Workers' Compensation Board (WCB) provides financial support to workers injured on the job. This includes compensation for lost wages, medical expenses, rehabilitation, and ongoing support.

Employers are responsible for funding the Workers' Compensation Board (WCB) system through premiums. These premiums are based on industry hazard levels and reflect the potential for injuries within the workplace.

The Workers' Compensation Board (WCB) aims to ensure injured workers receive timely and appropriate benefits, facilitating their recovery and return to work while managing costs for employers.

Robert, a mechanic, tore a ligament in his thumb while working. This case study illustrates the importance of WCB benefits when experiencing work-related injury.

WCB Appeals Commissions review decisions made by the Workers' Compensation Board (WCB) to ensure fairness and adherence to regulations. This process allows injured workers or employers to challenge decisions they believe are unjust.

Effective claims management aims to address both the needs of injured workers and the interests of employers. It's about timely and efficient responses to claims, ensuring workers receive appropriate support and employers manage costs effectively.

Employers can take various proactive steps to mitigate the risk of wrongful dismissal claims, including hiring carefully, establishing clear termination clauses, using probationary periods, documenting employee performance, and using a professional approach during dismissal.

An employee's legal obligation to try to find comparable work after being unfairly dismissed, to reduce their financial losses. The employer must prove there were suitable jobs and the employee didn't make reasonable efforts to secure them.

Benefits paid to workers injured on the job. They cover lost wages, medical costs, and rehabilitation.

The main goals are to provide financial support for injured workers and protect employers from lawsuits. It ensures a fair system where workers get compensated for work-related injuries or diseases while employers have a safety net from expensive lawsuits.

The system operates as a no-fault insurance scheme. Employers pay premiums to fund the system, which then provides compensation for injuries or illnesses arising from work. This eliminates the need for proving negligence by either party.

The major features include mandatory coverage for most employers, no-fault compensation, funding through employer premiums, and a focus on early and safe return-to-work programs. Workers can't contribute to the premiums, and their rights cannot be waived.

Most industries are covered, but some exemptions exist, such as independent contractors, sole proprietors, and executive officers. Certain industries like financial institutions, social clubs, and broadcasting stations may voluntarily choose to be covered.

For a worker to be eligible for workers' compensation benefits, their injury or illness must be linked to their work, even if it didn't directly result from their job duties, as long as it is reasonably related.

Workers' compensation legislation provides vocational rehabilitation for employees who can't return to their original jobs. This might involve training for new careers or job placement assistance.

It is administered by workers' compensation boards, like WorkSafeBC and WCB Alberta, which handle claims, process payments, and oversee safety regulations.

Insurance rates are assigned based on the industry type and potential hazards. This means that higher-risk industries typically pay higher premiums.

Employers are fully responsible for funding the Workers' Compensation Board (WCB) through premiums. They cannot recover these costs from employees.

WCB premiums are based on the industry an employer operates in and the potential hazards in their workplace.

Employers MUST establish a clear process for investigating workplace injuries, which helps determine eligibility for WCB benefits.

Accident reports are crucial for initiating the claims process and providing the WCB with the necessary information to determine eligibility for benefits.

Independent Appeals Commissions review WCB decisions to ensure fairness and adherence to the rules.

A wide range of organizations in BC and Alberta, including non-profits, trade unions, private schools, corporations, and individuals acting in a commercial capacity.

PIPA includes rules for how employers collect, use, and disclose personal information about their employees.

Even individuals operating in a business-like environment like selling products or services are covered by PIPA.

Individuals covered by PIPA can request access to their personal information held by organizations and request corrections for any inaccurate information.

Non-profit organizations, like charities or community groups, must also follow PIPA's rules when handling personal information.

Examples of employee actions that can lead to dismissal with just cause include dishonesty, insubordination, absenteeism, sexual harassment, conflict of interest, and more.

Employers can decrease the risk of wrongful dismissal by hiring carefully, using probation periods, documenting everything, providing reasonable notice, and following a professional approach to termination.