EMPR210 Study Guide PDF

Exam Overview: ​ Format: 54 multiple-choice questions, 5 short-answer questions (choose 4) ​ Duration: 2 hours ​ Total Marks: 66 (54 for multiple-choice, 12 for short answers) ​ Focus Areas: Required readings, course modules, previous assignments Important Terms and Definitions...

Exam Overview: ​ Format: 54 multiple-choice questions, 5 short-answer questions (choose 4) ​ Duration: 2 hours ​ Total Marks: 66 (54 for multiple-choice, 12 for short answers) ​ Focus Areas: Required readings, course modules, previous assignments Important Terms and Definitions Frustration of Contract: A doctrine that holds that a contract is terminated when a supervening event makes it impossible to perform. When something unexpected happens that makes it impossible to fulfill a contract. Vicarious Liability: A doctrine that holds an employer liable for the actions of their employees, even if the employer did not authorize or approve of those actions. When an employer is legally responsible for the actions of their employees. Duty to Accommodate: An employer's obligation to accommodate an employee's disability or other needs, unless doing so would cause undue hardship. An employer's responsibility to make adjustments to help an employee with a disability or other needs. Reasonable Notice: The amount of notice that an employer must provide to an employee prior to termination, unless the employee has been terminated for cause. the amount of time an employer must give an employee before terminating their employment, unless the employee has done something wrong. Wrongful Dismissal: A termination that breaches the terms of the employment contract or the reasonable notice period. When an employer terminates an employee's contract unfairly or without proper notice. Important Case Law Entrop v. Imperial Oil Limited, 2000 CanLII 16800 (Ont. CA): Established the importance of considering the employee's age, length of service, and position when determining the reasonable notice period for termination. Bardal v. Globe & Mail Ltd. (1960), 24 D.L.R. (2d) 140 (Ont. H.C.): Introduced the "Bardal factors" to determine the reasonable notice period, including the employee's age, length of service, position, and industry. Wallace v. United Grain Growers Ltd., 3 S.C.R. 701: Held that damages for wrongful dismissal should include compensation for the time it takes to find new employment, as well as other losses such as pension and benefit losses. Ceccol v. Gymnastic Federation (2001), 149 O.A.C. 315 (CA): Established that employers have a duty to act in good faith when terminating employees, including providing reasonable notice and avoiding conduct that could damage the employee's reputation. Belton v. Liberty Insurance Co. of Canada (2004), 72 OR (3d) 81 Background: The case involved a wrongful dismissal action by an employee, Belton, against his former employer, Liberty Insurance Co. of Canada. Issue: The main issue in the case was whether the employer had breached its duty of good faith and fair dealing during the termination process. Decision: The Ontario Court of Appeal held that the employer had breached its duty of good faith and fair dealing by: ​ Misrepresenting the reason for termination: The employer had told Belton that his termination was due to a company-wide restructuring, when in fact it was due to performance issues. ​ Failing to provide proper notice: The employer had failed to provide Belton with proper notice of termination. Impact: The Belton case has had a significant impact on employment law in Ontario, emphasizing the importance of employers acting in good faith and fair dealing during the termination process. 671122 Ontario Ltd. v. Sagaz Industries Canada Inc., 2 S.C.R. 983, 2001 SCC 59 Background: The case involved a wrongful dismissal action by an employee against his former employer, Sagaz Industries Canada Inc. Issue: The main issue in the case was whether the employer had breached its duty of good faith and fair dealing during the termination process. Decision: The Supreme Court of Canada held that the employer had breached its duty of good faith and fair dealing by: ​ Misrepresenting the reason for termination: The employer had told the employee that his termination was due to a company-wide restructuring, when in fact it was due to performance issues. ​ Failing to provide proper notice: The employer had failed to provide the employee with proper notice of termination. Impact: The Sagaz case has had a significant impact on employment law in Canada, emphasizing the importance of employers acting in good faith and fair dealing during the termination process. Doc v. Fight Network Inc., 2012 ONCA 213 Background: The case involved a wrongful dismissal action by an employee, Doc, against his former employer, Fight Network Inc. Issue: The main issue in the case was whether the employer had breached its duty of good faith and fair dealing during the termination process. Decision: The Ontario Court of Appeal held that the employer had breached its duty of good faith and fair dealing by: 1.​ Making false and misleading statements: The employer had made false and misleading statements to the employee about the reason for his termination. 2.​ Failing to provide proper notice: The employer had failed to provide the employee with proper notice of termination. Impact: The Doc v. Fight Network Inc. case has had a significant impact on employment law in Ontario, emphasizing the importance of employers acting in good faith and fair dealing during the termination process. Key Takeaways 1.​ Employers must act in good faith: Employers have a duty to act in good faith and fair dealing during the termination process. 2.​ False and misleading statements can lead to liability: Employers who make false and misleading statements to employees about the reason for their termination can be held liable. 3.​ Proper notice is essential: Employers must provide employees with proper notice of termination, or pay in lieu of notice. Renaud v. Central Okanagan School District No. 23, 2 S.C.R. 970 Background: The case involved a teacher, Monsieur Renaud, who was employed by the Central Okanagan School District in British Columbia. Renaud was terminated from his position after he made comments about the school's administration. Issue: The main issue in the case was whether the school district had breached its duty of good faith and fair dealing in the termination of Renaud's employment. Decision: The Supreme Court of Canada held that employers have a duty of good faith and fair dealing in the termination of employment. The court ruled that the school district had breached this duty by terminating Renaud's employment without proper justification or procedure. Impact: The Renaud case has had a significant impact on employment law in Canada. It established the principle that employers have a duty of good faith and fair dealing in the termination of employment, which includes: 1.​ Procedural fairness: Employers must follow fair procedures when terminating employment. 2.​ Just cause: Employers must have just cause for terminating employment. 3.​ Transparency: Employers must be transparent in their decision-making process when terminating employment. The Renaud case has also led to the development of the concept of "bad faith" termination, which can result in additional damages for employees. The two-step model for analyzing human rights at work is: Step 1: Prima Facie Discrimination 1.​ Protected Ground: Identify whether the alleged discrimination is based on a protected ground, such as race, sex, disability, or age. 2.​ Adverse Impact: Determine whether the employer's action or policy has had an adverse impact on the employee or group of employees. 3.​ Causal Link: Establish a causal link between the protected ground and the adverse impact. Step 2: Justification or Bona Fide Occupational Requirement (BFOR) 1.​ Justification: If prima facie discrimination is established, the employer must justify the discriminatory action or policy.  2.​ Bona Fide Occupational Requirement (BFOR): The employer must demonstrate that the discriminatory action or policy is a BFOR, meaning it is a genuine requirement for the job. 3.​ Reasonable Accommodation: The employer must also demonstrate that they have accommodated the employee's needs to the point of undue hardship. This two-step model is used to analyze human rights complaints in the workplace and determine whether an employer has discriminated against an employee or group of employees. Parol Evidence Rule Definition: The Parol Evidence Rule is a legal principle that prohibits the introduction of extrinsic evidence to vary, add to, or contradict the terms of a written contract. Purpose: The purpose of the Parol Evidence Rule is to: 1.​ Prevent fraud and misrepresentation: By limiting the introduction of extrinsic evidence, the rule helps prevent parties from making false claims about the terms of the contract. 2.​ Promote certainty and finality: The rule helps ensure that the written contract is the final and complete expression of the parties' agreement. 3.​ Avoid parol evidence: The rule prevents the introduction of extrinsic evidence, such as oral statements or prior negotiations, that may contradict or vary the terms of the written contract. Exceptions: There are several exceptions to the Parol Evidence Rule, including: 1.​ Ambiguity or uncertainty: If the written contract is ambiguous or uncertain, extrinsic evidence may be introduced to clarify the meaning of the contract. 2.​ Fraud or misrepresentation: If one party alleges that the other party committed fraud or made misrepresentations during the negotiation of the contract, extrinsic evidence may be introduced to support the allegation. 3.​ Prior or contemporaneous agreements: Extrinsic evidence may be introduced to prove the existence of prior or contemporaneous agreements that are not inconsistent with the written contract. 4.​ Subsequent agreements: Extrinsic evidence may be introduced to prove the existence of subsequent agreements that modify or discharge the written contract. Impact: The Parol Evidence Rule has a significant impact on contract law, as it:  1.​ Limits the introduction of extrinsic evidence: The rule restricts the introduction of extrinsic evidence that may contradict or vary the terms of the written contract. 2.​ Promotes the integrity of written contracts: The rule helps ensure that written contracts are the final and complete expression of the parties' agreement. 3.​ Encourages careful drafting of contracts: The rule encourages parties to carefully draft their contracts to ensure that they accurately reflect their agreement. Make Whole Remedy Definition: A "make whole" remedy is a legal remedy that aims to restore an individual to the position they would have been in if they had not suffered a wrong or injury. Purpose: The purpose of a "make whole" remedy is to: 1.​ Compensate for losses: Provide compensation for losses or damages suffered as a result of the wrong or injury. 2.​ Restore the status quo: Restore the individual to the position they would have been in if they had not suffered the wrong or injury. Types of Make Whole Remedies 1.​ Damages: Monetary compensation for losses or damages suffered. 2.​ Reinstatement: Restoration of the individual to their former position or employment. 3.​ Equitable remedies: Remedies such as injunctions or specific performance may be ordered to restore the individual to their former position. Examples 1.​ Wrongful dismissal: A court may order an employer to pay damages to an employee who was wrongfully dismissed, in order to "make whole" the employee's loss of income and benefits. 2.​ Breach of contract: A court may order a party to pay damages or perform a specific obligation in order to "make whole" the other party's loss resulting from the breach of contract. Key Principles 1.​ Restoration: The goal of a "make whole" remedy is to restore the individual to the position they would have been in if they had not suffered the wrong or injury. 2.​ Compensation: The remedy should provide compensation for losses or damages suffered.  3.​ Equity: The remedy should be fair and equitable, taking into account the circumstances of the case. Types of Damages 1. Compensatory Damages ​ Definition: Damages intended to compensate the plaintiff for actual losses or expenses incurred. ​ Examples: Medical expenses, lost wages, property damage. 2. General Damages ​ Definition: Damages awarded for non-monetary losses, such as pain and suffering, emotional distress, and loss of enjoyment of life. ​ Examples: Damages for physical harm, emotional trauma, or loss of reputation. 3. Special Damages ​ Definition: Damages awarded for specific, quantifiable losses, such as lost profits or earnings. ​ Examples: Damages for loss of business opportunities, lost income, or expenses incurred. 4. Punitive Damages ​ Definition: Damages intended to punish the defendant for their actions, rather than compensate the plaintiff. ​ Examples: Damages awarded for reckless or intentional behavior, such as fraud or negligence. 5. Nominal Damages ​ Definition: A small amount of damages awarded to acknowledge a technical injury or infringement of rights. ​ Examples: Damages awarded for minor breaches of contract or technical violations of rights. 6. Aggravated Damages ​ Definition: Damages awarded for particularly egregious or reprehensible behavior by the defendant. ​ Examples: Damages awarded for intentional infliction of emotional distress or other forms of egregious conduct. Defense Related to Duty to Accommodate Undue Hardship An employer may defend against a claim of failure to accommodate by arguing that accommodating the employee would cause undue hardship. Undue hardship can include: 1.​ Financial costs: Accommodating the employee would result in significant financial costs that would be unsustainable for the employer. 2.​ Health and safety risks: Accommodating the employee would create health and safety risks for the employee or others in the workplace. 3.​ Operational requirements: Accommodating the employee would interfere with the employer's operational requirements and would not be feasible. 2-Step Model for Assessing Duty to Accommodate Step 1: Prima Facie Discrimination 1.​ Protected ground: Identify whether the employee's condition or characteristic is a protected ground under human rights legislation (e.g., disability, religion, family status). 2.​ Adverse impact: Determine whether the employer's policy or practice has an adverse impact on the employee due to their protected ground. 3.​ Causal link: Establish a causal link between the protected ground and the adverse impact. Step 2: Justification or Bona Fide Occupational Requirement (BFOR) 1.​ Justification: If prima facie discrimination is established, the employer must justify the discriminatory policy or practice. 2.​ Bona Fide Occupational Requirement (BFOR): The employer must demonstrate that the discriminatory policy or practice is a BFOR, meaning it is a genuine requirement for the job. 3.​ Reasonable accommodation: The employer must also demonstrate that they have accommodated the employee's needs to the point of undue hardship. The Great Depression's Impact on Employment Standards Catalyst for Modern Employment Standards: The Great Depression, which lasted from 1929 to the late 1930s, had a profound impact on employment standards and labor laws. The widespread unemployment and poverty during this period highlighted the need for government intervention to protect workers' rights. Creation of Minimum Wage Laws and Labor Protections: In response to the economic crisis, governments in Canada and other countries introduced minimum wage laws and labor protections to safeguard workers' interests. These laws aimed to: 1.​ Establish a minimum wage: Ensure that workers earned a fair wage for their labor. 2.​ Regulate working hours: Limit working hours to prevent exploitation and ensure workers had time for rest and leisure. 3.​ Improve working conditions: Enhance workplace safety and health standards to protect workers from hazards. Factories Act The Factories Act, enacted in various provinces in Canada during the 1930s, was a landmark legislation that: 1.​ Introduced workplace safety regulations: Established standards for workplace safety and health to prevent injuries and illnesses. 2.​ Addressed child labor: Prohibited child labor and set minimum age requirements for employment. 3.​ Set maximum work hours: Limited working hours to prevent exploitation and ensure workers had time for rest and leisure. Lasting Impact: The labor laws and regulations introduced during the Great Depression have had a lasting impact on employment standards in Canada. These laws have: 1.​ Protected workers' rights: Safeguarded workers' rights and interests, ensuring fair treatment and safe working conditions. 2.​ Promoted social justice: Contributed to social justice by addressing issues like child labor, exploitation, and workplace safety. 3.​ Shaped modern employment standards: Influenced the development of modern employment standards, including minimum wage laws, labor protections, and workplace safety regulations. Bardal Factors Origin: The Bardal Factors originated from the 1960 Ontario Court of Appeal case, Bardal v. Globe and Mail. This landmark case established the criteria for determining reasonable notice in termination cases. Purpose: The Bardal Factors aim to provide a framework for courts to determine the reasonable notice period an employer must provide to an employee upon termination. Factors: The Bardal Factors consider the following: 1.​ Employee's Age: The employee's age at the time of termination is a significant factor. Older employees may be entitled to longer notice periods. 2.​ Length of Service: The length of time the employee has worked for the employer is an essential factor. Longer-serving employees may be entitled to longer notice periods. 3.​ Nature of the Position: The type of job, level of responsibility, and specialized skills required are considered. Senior or specialized employees may be entitled to longer notice periods. 4.​ Availability of Similar Employment: The availability of similar employment opportunities for the employee is a crucial factor. If similar employment is scarce, the employee may be entitled to a longer notice period. Application: Courts consider these factors in determining the reasonable notice period, taking into account the specific circumstances of each case. The weight given to each factor may vary depending on the case. Impact: The Bardal Factors have had a significant impact on employment law in Canada, providing a framework for determining reasonable notice periods and ensuring that employees receive fair treatment upon termination. Meiron Test (BFOR - Bona Fide Occupational Requirement) Origin: The Meiron Test originated from the 1999 Federal Court of Canada case, Meiron v. Canada. This landmark case established the criteria for determining whether a policy or requirement is a Bona Fide Occupational Requirement (BFOR). Purpose: The Meiron Test aims to provide a framework for employers to justify policies or requirements that may discriminate against employees or job applicants based on protected grounds, such as disability, age, or sex. BFOR Test The Meiron Test consists of three parts: Rational Connection: Is the policy or requirement rationally connected to the performance of the job? The employer must demonstrate that the policy or requirement is necessary for the safe and efficient performance of the job. Good Faith and Necessity: Was the policy or requirement adopted in good faith and is it necessary to fulfill work-related purposes? The employer must show that the policy or requirement was implemented for legitimate business reasons and not to discriminate against employees or job applicants. Undue Hardship: Can the policy or requirement be accommodated without undue hardship? The employer must demonstrate that accommodating the employee or job applicant would cause undue hardship, such as significant financial costs or disruption to business operations. Application: The Meiron Test is applied in various contexts, including: ​ Employment law: To determine whether an employer's policy or requirement is a BFOR and therefore justifiable. ​ Human rights law: To assess whether an employer's policy or requirement discriminates against employees or job applicants based on protected grounds. Impact: The Meiron Test has had a significant impact on employment law and human rights law in Canada, providing a framework for employers to justify policies or requirements that may discriminate against employees or job applicants. Dependent vs. Independent Contractors Background: The distinction between dependent and independent contractors is crucial in determining employment rights and obligations. The Belton v. Sagaz Industries Canada Inc. case provides guidance on the key criteria for distinguishing between dependent and independent contractors. Distinction Criteria 1.​ Degree of Control: The level of control exercised by the employer over the worker's activities, including the ability to dictate hours, tasks, and methods of work. 2.​ Provision of Tools and Equipment: Whether the employer provides the worker with the necessary tools and equipment to perform the job. 3.​ Financial Risk and Profit Opportunity: The extent to which the worker bears financial risk and has the opportunity to profit from their work. Key Case: Belton v. Sagaz Industries Canada Inc. In Belton v. Sagaz Industries Canada Inc., the Ontario Court of Appeal considered the distinction between dependent and independent contractors. The court held that:  ​ The worker, Belton, was a dependent contractor because Sagaz Industries exercised significant control over his work, provided him with tools and equipment, and Belton bore little financial risk. ​ As a dependent contractor, Belton was entitled to reasonable notice of termination and other employment benefits. Implications Misclassification of workers as independent contractors rather than dependent contractors can have significant implications for employment rights, including: 1.​ Termination Notice: Dependent contractors are entitled to reasonable notice of termination, whereas independent contractors are not. 2.​ Benefits: Dependent contractors may be entitled to benefits such as vacation pay, overtime pay, and pension benefits. 3.​ Employment Standards: Dependent contractors are protected by employment standards legislation, including minimum wage, hours of work, and equal pay provisions. In summary, the distinction between dependent and independent contractors is crucial in determining employment rights and obligations. The Belton v. Sagaz Industries Canada Inc. case provides guidance on the key criteria for distinguishing between dependent and independent contractors. Vicarious Liability: ​ Definition: Employer held responsible for employee actions within the scope of employment. ○​ Key Case: Bazley v. Curry ○​ Tests for Application: ​ Employer-employee relationship. ​ Connection between employment and misconduct. Progressive Discipline: ​ Concept: Series of escalating disciplinary actions. ○​ Steps: ​ Verbal warning. ​ Written warning.  ​ Suspension. ​ Termination. ○​ Purpose: Provide employees a chance to correct behavior. 3. Employment Contracts and Terms: Frustration of Contract: ​ Definition: Contract ends when unforeseen events make performance impossible. ○​ Examples: Disability, natural disasters. ○​ Implication: No fault termination without severance. Restrictive Covenants: ​ Types: ○​ Non-compete clauses: Prevents working for competitors. ○​ Non-solicitation clauses: Prevents contacting former clients. ○​ Confidentiality agreements. ○​ Enforceability Factors: Reasonableness in scope, duration, and geography. Summary Dismissal vs. Wrongful Termination: ​ Summary Dismissal: Immediate termination due to serious misconduct (e.g., theft, harassment). Wrongful Termination Definition: Wrongful termination, also known as wrongful dismissal, occurs when an employer terminates an employee's employment without just cause or without providing reasonable notice. Types of Wrongful Termination ​ Termination without just cause: The employer terminates the employee without a valid reason, such as misconduct or poor performance.  ​ Termination without reasonable notice: The employer terminates the employee without providing adequate notice, as required by employment standards legislation or the employment contract. Remedies: Damages for reasonable notice: The employee may be entitled to damages equivalent to the salary and benefits they would have received during the reasonable notice period. Bad faith damages: If the employer's conduct was unfair or in bad faith, the employee may be entitled to additional damages. Reinstatement: In some cases, the employee may be entitled to reinstatement to their former position. Reasonable Notice Definition: Reasonable notice is the amount of notice an employer must provide to an employee before terminating their employment. The notice period must be reasonable in the circumstances. Factors Affecting Reasonable Notice ​ Length of service: The longer the employee's service, the longer the reasonable notice period. ​ Age: Older employees may be entitled to longer notice periods. ​ Position: Senior or specialized employees may be entitled to longer notice periods. ​ Industry: The notice period may vary depending on the industry or profession. ​ Calculating Reasonable Notice ​ Bardal Factors: The court considers the Bardal factors, including the employee's age, length of service, position, and industry. ​ Employment Standards Legislation: The employer must provide at least the minimum notice period required by employment standards legislation. ​ Employment Contract: The employment contract may specify a notice period or provide for a certain amount of severance pay. Consequences of Failure to Provide Reasonable Notice: Damages for wrongful termination: The employer may be liable for damages equivalent to the salary and benefits the employee would have received during the reasonable notice period. Bad faith damages: If the employer's conduct was unfair or in bad faith, the employee may be entitled to additional damages. Salmon Test Background: The Salmon Test is a legal test used to determine whether an employer's policy violates human rights. The test was established in the case of CNR v. Canada (Canadian Human Rights Commission) (1987), also known as the "Salmon case." Focus The Salmon Test focuses on determining whether an employer's policy discriminates against employees based on protected grounds such as: 1.​ Race 2.​ Sex 3.​ Disability 4.​ Age 5.​ Religion 6.​ Family status 7.​ Sexual orientation 8.​ Marital status Steps 1.​ Step 1: Is the policy discriminatory? ​ Determine whether the policy has an adverse impact on employees based on protected grounds. ​ Consider whether the policy perpetuates historical disadvantage or stereotyping. 2.​ Step 2: Is there a valid justification? ​ Determine whether the employer has a legitimate reason for implementing the policy. ​ Consider whether the policy is necessary to achieve a legitimate business goal. ​ Evaluate whether the policy is rationally connected to the business goal. ​ Assess whether the policy minimally impairs the rights of affected employees. Impact The Salmon Test has had a significant impact on human rights law in Canada. It has:  1.​ Established a framework for analyzing discrimination: The test provides a clear framework for determining whether an employer's policy discriminates against employees. 2.​ Emphasized the importance of considering historical disadvantage: The test recognizes the importance of considering the historical disadvantage experienced by marginalized groups. 3.​ Provided guidance on justifying discriminatory policies: The test provides guidance on when an employer can justify a discriminatory policy, and what factors must be considered. Types of Damages: ​ Compensatory: Restore the injured party (lost wages, benefits). ​ Punitive: Punish employer for egregious conduct. ​ Key Cases: Honda Canada Inc. v. Keays, 2008 SCC 39 Background: The case involved a wrongful dismissal action by an employee, Kevin Keays, against his former employer, Honda Canada Inc. Keays had been employed by Honda for 14 years before being terminated. Issue: The main issue in the case was whether the trial judge had erred in awarding punitive damages against Honda. Decision: The Supreme Court of Canada (SCC) clarified the test for awarding punitive damages in employment law cases. The SCC held that punitive damages should only be awarded in exceptional cases where the employer's conduct is malicious, oppressive, or high-handed. Impact: The Honda v. Keays decision has had a significant impact on employment law in Canada. It has made it more difficult for employees to obtain punitive damages in wrongful dismissal cases, and has emphasized the need for employers to act in good faith during the termination process. Wallace v. United Grain Growers Ltd., 3 S.C.R. 701 Background: The case involved a wrongful dismissal action by an employee, Jack Wallace, against his former employer, United Grain Growers Ltd. Wallace had been employed by United Grain Growers for 14 years before being terminated. Issue: The main issue in the case was whether the trial judge had erred in awarding damages for bad faith termination. Decision: The SCC created a new head of damages, known as "Wallace damages," which are intended to compensate employees for the bad faith conduct of their employers during the termination process. Impact: The Wallace v. United Grain Growers decision has had a significant impact on employment law in Canada. It has recognized that employers have a duty to act in good faith during the termination process, and has provided employees with a new remedy for bad faith terminations. 5. Human Rights and Accommodations: Duty to Accommodate: ​ Legal Obligation: Modify work conditions for employees with disabilities or other protected characteristics. ○​ Defenses Against Accommodation: ​ Undue Hardship: Significant difficulty or expense. ​ Safety Concerns: Risks that cannot be mitigated. Indirect Discrimination: ​ Definition: Policies that appear neutral but disproportionately affect certain groups. ○​ Example: Minimum height requirements excluding women. 6. Wage-Related Issues: Minimum Wage Regulations: ​ Legal Requirement: Varies by jurisdiction. ○​ Historical Context: Emerged during the Great Depression to protect low-income workers. ○​ Current Considerations: Living wage debates. Pepita v. Commissioner of Employment Standards (2002), 43 CCEL (2d) 161 (Ont. Div. Ct.) Background: The case involved a part-time employee, Pepita, who worked for a retail store in Ontario. Pepita was employed on a part-time basis, working varying hours each week. When Pepita's employment was terminated, she filed a complaint with the Ontario Ministry of Labour, claiming entitlement to wages and benefits equal to those of full-time employees. Issue: The main issue in the case was whether part-time employees are entitled to the same wage entitlements as full-time employees. Decision: The Ontario Divisional Court clarified that part-time employees are entitled to the same wage entitlements as full-time employees, including: ​ Equal pay for equal work: Part-time employees must receive the same rate of pay as full-time employees performing the same work. ​ Pro-rated benefits: Part-time employees are entitled to benefits pro-rated to their hours of work, compared to full-time employees. ​ Vacation pay and public holidays: Part-time employees are entitled to vacation pay and public holidays, pro-rated to their hours of work. Impact: The Pepita case has had a significant impact on employment law in Ontario, clarifying the wage entitlements of part-time employees. The decision has ensured that part-time employees receive fair compensation and benefits, comparable to those of full-time employees. 7. Additional Topics: Intentional Torts in Employment: ​ Examples: ○​ Defamation. ○​ Intentional infliction of emotional distress. ​ Implication: Employees can sue employers beyond standard employment law remedies. Ancillary Contract Terms: ​ Definition: Additional terms supporting the main employment contract. ○​ Example: Bonus structures, benefits clauses. Short-Answer Preparation Tips: 1.​ Case Application: ○​ Practice applying legal tests to hypothetical scenarios. ○​ Identify key facts and match them with relevant cases or concepts. 2.​ Explain and Apply: ○​ For each test (e.g., Bardal Factors, BFOR), explain its purpose and demonstrate its application. ○​ Use clear examples to illustrate understanding. Study Tips: 1.​ Focus on Key Cases: Know their names, key issues, and outcomes. 2.​ Summarize Readings: Create one-page summaries of important chapters. 3.​ Practice Scenarios: Apply tests and principles to practice questions. 4.​ Understand Terms and Definitions: Ensure you can define and apply terms like frustration of contract, vicarious liability, and duty to accommodate. Chapter 1: Introduction to Canadian Labour and Employment Law ​ Overview: Canadian labour and employment law regulates the relationship between employers, employees, and trade unions. ​ Sources of Law: The Canadian Constitution, federal and provincial statutes, regulations, and common law. ​ Key Concepts: Employment standards, labour relations, human rights, and occupational health and safety. Chapter 2: Employment Standards ​ Employment Standards Legislation: Provincial and territorial laws that set minimum standards for employment, such as minimum wage, hours of work, and vacation pay. ​ Key Employment Standards: Minimum wage, hours of work, overtime, vacation pay, holiday pay, and termination notice. ​ Enforcement: Employment standards legislation is enforced by government agencies, and employees can file complaints if they believe their rights have been violated. Chapter 3: The Employment Contract  ​ The Employment Relationship: The employment contract is a central aspect of the employment relationship. ​ Types of Employment Contracts: Express contracts, implied contracts, and verbal contracts. ​ Key Terms of the Employment Contract: Job duties, compensation, benefits, and termination provisions. ​ Implied Terms: Terms that are implied by law, such as the duty of good faith and the duty to provide a safe workplace. Chapter 4: Termination of the Employment Contract ​ Termination: The employment contract can be terminated by either the employer or the employee. ​ Types of Termination: Termination with cause, termination without cause, and constructive dismissal. ​ Notice Requirements: Employers must provide employees with reasonable notice of termination, unless the employee has been terminated for cause. ​ Severance Pay: Employers may be required to provide severance pay to employees who have been terminated without cause. Chapter 7: Human Rights in Employment ​ Human Rights Legislation: Federal and provincial human rights laws that prohibit discrimination in employment. ​ Prohibited Grounds of Discrimination: Race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status, and disability. ​ Duty to Accommodate: Employers have a duty to accommodate employees with disabilities, unless doing so would cause undue hardship. ​ Undue Hardship: The employer must demonstrate that accommodating the employee would cause significant financial or operational hardship. Chapter 8: Occupational Health and Safety ​ Occupational Health and Safety Legislation: Federal and provincial laws that regulate workplace health and safety. ​ Key Obligations: Employers have a duty to provide a safe workplace, while employees have a duty to follow safety procedures and report hazards. ​ Internal Responsibility System: Employers, supervisors, and employees all have roles and responsibilities in maintaining a safe workplace. ​ Workplace Hazardous Materials Information System (WHMIS): A national standard for managing hazardous materials in the workplace. Chapter 9: Labour Relations ​ Labour Relations Legislation: Federal and provincial laws that regulate union-management relations. ​ Certification and Decertification: The process by which a union becomes certified to represent employees, or is decertified. ​ Collective Bargaining: The process by which a union and employer negotiate a collective agreement. ​ Strikes and Lockouts: The rights of employees to strike and employers to lock out employees during collective bargaining. Chapter 10: Collective Agreement Administration ​ Collective Agreement: A contract between an employer and a union that outlines the terms and conditions of employment. ​ Grievance Procedure: A process for resolving disputes arising from the interpretation or application of the collective agreement. ​ Arbitration: A process for resolving grievances through a neutral third-party decision-maker. Chapter 11: Strikes, Lockouts, and Picketing ​ Strikes: A work stoppage by employees to pressure the employer to agree to their demands. ​ Lockouts: A refusal by the employer to allow employees to work, in order to pressure them to agree to the employer's demands. ​ Picketing: A form of protest where employees or union members gather outside the workplace to publicize their dispute. Chapter 12: Union Governance and Democracy ​ Union Governance: The rules and structures that govern the operation of a union. ​ Union Democracy: The principles and practices that ensure that union decision-making is fair, transparent, and accountable to members. ​ Duty of Fair Representation: The duty of a union to represent all employees in the bargaining unit fairly and without discrimination. Chapter 13: Employer Unfair Labour Practices ​ Unfair Labour Practices: Actions by an employer that interfere with the rights of employees to join a union, bargain collectively, or engage in other concerted activities.  ​ Examples of Unfair Labour Practices: Interrogation, intimidation, surveillance, and discipline or discharge of employees for engaging in union activities. Chapter 14: Employee Unfair Labour Practices ​ Unfair Labour Practices by Employees: Actions by employees that interfere with the rights of other employees or the employer. ​ Examples of Unfair Labour Practices by Employees: Coercion, intimidation, or restraint of other employees, or refusal to work with other employees. Chapter 15: Public Sector Labour Relations ​ Public Sector Labour Relations: The unique rules and principles that govern labour relations in the public sector. ​ Key Differences from Private Sector Labour Relations: Different legislation, different collective bargaining structures, and different dispute resolution mechanisms. Chapter 17: Wrongful Dismissal and the Employment Contract ​ Wrongful Dismissal: A dismissal that breaches the terms of the employment contract or the reasonable notice period. ​ Reasonable Notice: The amount of notice an employer must provide to an employee prior to termination, unless the employee has been terminated for cause. ​ Damages for Wrongful Dismissal: An employer's liability for breaching the employment contract or failing to provide reasonable notice. Chapter 21: The Regulation of Workplace Safety and Health ​ Occupational Health and Safety Legislation: Federal and provincial laws that regulate workplace health and safety. ​ Key Obligations: Employers' duties to provide a safe workplace, and employees' duties to follow safety procedures and report hazards. ​ Internal Responsibility System: A system where employers, supervisors, and employees share responsibility for maintaining a safe workplace. Chapter 22: Workplace Violence and Harassment ​ Workplace Violence and Harassment Legislation: Federal and provincial laws that regulate workplace violence and harassment. ​ Key Obligations: Employers' duties to provide a workplace free from violence and harassment.  ​ Duty to Investigate: Employers' duty to investigate incidents of workplace violence and harassment. Chapter 23: Employment Equity and Diversity ​ Employment Equity Legislation: Federal and provincial laws that promote employment equity and diversity. ​ Key Concepts: Employment equity, diversity, and inclusion. ​ Duty to Accommodate: Employers' duty to accommodate employees with disabilities, unless doing so would cause undue hardship. Chapter 18: Employment Standards: Minimum Requirements ​ Employment Standards Legislation: Provincial and territorial laws that set minimum standards for employment. ​ Minimum Requirements: Minimum wage, hours of work, overtime, vacation pay, holiday pay, and termination notice. ​ Enforcement: Employment standards legislation is enforced by government agencies, and employees can file complaints if they believe their rights have been violated. Chapter 19: Employment Standards: Leaves of Absence ​ Leaves of Absence: Employment standards legislation provides for various leaves of absence, including maternity leave, parental leave, and family medical leave. ​ Eligibility and Entitlement: Employees must meet specific eligibility requirements to be entitled to leaves of absence. ​ Employer Obligations: Employers must provide employees with leaves of absence and reinstate them to their previous position upon their return to work. Chapter 39: International Labour Law ​ International Labour Organization (ILO): A specialized agency of the United Nations that promotes social and economic justice by setting international labour standards. ​ ILO Conventions and Recommendations: International labour standards that address various aspects of work, including employment, social security, and occupational health and safety. ​ Canada's Obligations under International Labour Law: Canada has ratified several ILO conventions and is obligated to implement their provisions in its domestic law.