Chapter 19: employment and labour relations

    Cards (11)

    • What is the fourfold test?
      It is an employment test based on: Ownership of tool, control, chance of profit, risk of loss
    • Test for employement based upon an examination of the services in relation to the business itself
      Organization test
    • Contract of employment does not have to be in writing unless the employee has access to confidential information.
    • Examples of termination of contract of employment: Expiry of contract, termination by agreement, retirement, wrongful dismissal, constructive dismissal, dismissal for just cause.
    • Employer has right to dismiss employee without notice if employee: is incompetent or negligent, commits a crime against employer, or the employee breached the employee contract.
    • Just cause: it is the employers responsibility to establish grounds of termination of an employee.
    • Under the just cause termination, the employee has been notifyed as to why the contact has been terminated.
    • wrongful dismissal: failure of employer to give a reasonable notice of termination.
      • Under the wrong ful dismissal, When an employee believes they have been wrongfully dismissed:
      • Employee may sue for failure to give reasonable notice of termination
      • Employee must reasonably minimize their losses
      • Damages are equal to loss between time dismissed and the end of the reasonable notice period
      • Purpose is to place the employee in same position had the employee been given proper notice
      • Awarded extra compensation where actions of employer caused employee undue mental distress
    • employer termination of a contract of employment by a substantial, unilateral change in terms of the conditions of employment.
      Constructive dismissal
    • What type of dissmisal is this? when an employer makes a substantial change to an employee's job without their consent, and they resign in protest.
      Constructive dismissal
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