Chapter 19: employment and labour relations

• 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