empr 210

Question 1

employee vs independant contracts

Answer 1

employer has more control over the employees actions than an independant contractor

Question 2

Equilibrium wage rate

Answer 2

A theoretical wage rate fixed through market forces in which the supply of labour equals the demand for labour

Question 3

Dependent contractor

Answer 3

A worker whose status falls in between that of an employee and an independent contractor
This worker has more autonomy and independence than a typical employee, yet remains economically dependent on one customer for income and is subject to considerable control at the hands of that customer

Question 4

Vicarious liability (tort law)

Answer 4

A legal rule under which an employer is liable for damage caused to a third party by one or more of its employees

Question 5

which is the chief justification for creating a special regime for employment contracts different from that governing commercial contracts?

Answer 5

employees are vulnerable in a way that independent contractors are not

Question 6

According to the test set out by the Supreme Court of Canada in Sagaz, what is the single-most important question to answer to determine employment status?

Answer 6

whose buisness is it?

Question 7

Belton vs. Liberty Insurance

Answer 7

-Comissioned sales reps selling insurance
-Originally were independent contractors and their agreements allowed the company to change commission schedules with a 90 days’ notice
-Agents refused to sign a new agreement and were terminated, leading to a lawsuit for wrongful dismissal
What it means:
Sales reps are deemed employees, not independent contractors per their contracts.
Courts focus on exclusive or near-exclusive performance for the company.
It empowers employees to test new employment terms due to the employer’s unilateral decision.
Decision allows employees to “try out” an employers unilateral changes to their contract before deciding whether to accept the new terms or quit and sue for constructive dismissnal
Lack of a defined “reasonable time” for assessment creates uncertainty for employers.

Question 8

Belton and Ontario Ltd. v. Sagaz Industries Canada Inc

Answer 8

Plaintiff selling fake sheepskin covers at Canadian Tire under exclusive agreement
-Sagaz wants an exclusive agreement instead
-Sagaz hires marketing firm, AIM
-AIM bribes Canadian Tire and gets exclusive agreement
Decision: Sagaz is not liable, AIM is independent contractor
Vicarious liability
Judge applied the “organization test”, which asked whether the work in question is “an integral part of the business” of the purported employer or only peripheral to that business, and whether the worker had been integrated into the business such through regular scheduling and required adherence to company rules and procedures

Question 9

What are administrative tribunals?

Answer 9

They’re created by statute to offer an alternative system, though one not wholly dissimilar to the courts

Question 10

What does the term “binding precedent” mean?

Answer 10

Lower courts must decide similar cases in the same way as higher courts in the same jurisdiction, whether they agree with the decision or not

Question 11

What’s the purpose of distinguishing between independent & dependent contractors

Answer 11

To extend some benefits of the employment relationship to contractors who are economically subordinate

Question 12

what is efficient breech

Answer 12

The term refers to a violation of employment standards law that occurs because it makes ‘good business sense to commit the infraction

Question 13

For which of the following reasons have courts decided that employment contracts are distinguishable from commercial contracts?

Answer 13

Unlike employment contracts commercial contracts are generally not characterized by an inequality of bargaining power

Question 14

In Ontario under what conditions can an employee-trainee (intern) be exempt from the provision of the Employment Standards Act?

Answer 14

Only under the condition that they’re ‘training’ as part of an approved educational program pursuant to a school board

Question 15

Which of the following does the author claim is the main purpose of the collective bargaining regime?

Answer 15

To produce a countervailing force that could help equalize bargaining power between employers & workers

Question 16

Which of the following best defines that “broader legal subsystem”?

Answer 16

Developments in legal fields other than work law that affect the development of work law

Question 17

What main employment benefit(s) have dependent contractors been granted?

Answer 17

The right to reasonable notice of termination

Question 18

To what does the term “efficient breach” refer?

Answer 18

The term refers to a violation of employment standards law that occurs because it makes ‘good business sense to commit the infraction

Question 19

What’s been the Canadian government’s position regarding collective bargaining?

Answer 19

It’s been alternatively supportive & hostile since the inception of collective bargaining in the mid-1940s depending upon the particular government in power

Question 20

To what does the “spillover effect” refer?

Answer 20

The effect that wages negotiated within the collective bargaining regime have on the wages of non-unionized employees

Question 21

What’s the “equilibrium wage rate”?

Answer 21

The wage at which the supply of workers in a particular occupation equals the demand for workers for that particular occupation

Question 22

What is a tort?

Answer 22

A wrongful act committed by one party resulting in harm to another

Question 23

Which of the following is an outcome of the common law regime that helped prompt the creation of human rights legislation?

Answer 23

The common law didn’t protect people against discrimination in employment

Question 24

What is the principle characteristic of a dependent contractor?

Answer 24

They work exclusively or almost exclusively for one company

Question 25

Which of the following may an independent contractor sue for?

Answer 25

breach of contract

Question 26

What's the central feature of the employment contract?

Answer 26

its an exchange of work for wages

Question 27

Prohibited Grounds

Answer 27

Personal characteristics that are protected from discrimination in human rights statues including sex, race,

Question 28

Inducement

Answer 28

A factor in assessing reasonable notice is whether the employer enticed the employee to leave a previous job before terminating their employment

Question 29

Dependent Contractor

Answer 29

A worker who operates with some independence like an independent contractor but is economically tied to one main client and remains under that client's meaningful control

Question 30

Independent Contract

Answer 30

A worker who is in business for themselves and who therefore is not an employee

Question 31

Summary Dismissal

Answer 31

The termination of an employment contract by an employer without notice in response to a serious breach of contract by the employee

Question 32

Intentional Tort

Answer 32

Intentional infliction of mental suffering (e.g. assault, battery, indimidation

Question 33

Tort Law

Answer 33

A wrong committed by one person to another (or another's property) that is legally actionable

Question 34

Restricted Covenant

Answer 34

A contract term that restricts the right of a former employee to engage in certain practices against their former employer

Question 35

Non-Disclosure Clause

Answer 35

Prohibits a former employee from disclosing information that has proprietary value to the employer

Question 36

Non-Solicitation Clause

Answer 36

Prohibits a former employee from attempting to persuade the employers customers to stop doing business with the employer and instead do business with the employee

Question 37

Permissible Wage Difference

Answer 37

An explanation for a wage different between a male and female job class that is accepted as valid and non-discriminatory in a pay equity statue

Question 38

Vicarious Liability

Answer 38

A legal rule under which an employer is liable for damage cause to a third party by one ore more of its employees

Question 39

Honda/Wallace Damages

Answer 39

Used in wrongful dismissal decisions to describe damages ordered against an employer for acting in bad faith in the manner in which it terminated an employee contract

Question 40

Factories Act

Answer 40

legislation that set basic safety, sanitiation and working conditions for factories aiming to protect workers- regulating hours, child safety, ventilation

Question 41

Administrative Tribunal

Answer 41

A decision-making body created by a government statue and given responsibility for interpreting and enforcing one or more statues and any regulations in accordance with that statue

Question 42

Employment Contract

Answer 42

A document that defines the conditions under which the employee will provide labour to the employer in exchange for monetary benefits

Question 43

Ancillary Contract Terms

Answer 43

Found in secondary documents such as human resource policy manuals, company and employee handbooks

Question 44

Expressed Contract Terms

Answer 44

Can be written and signed by both parties to create a written employment contract or can be agreed to orally

Question 45

Three Employment Contract Components

Answer 45

offer, acceptance, mutual consideration

Question 46

Reasonable notice is required except when...

Answer 46

1. the contract is fixed term or fixed task 2. the contract is frustrated 3.the employee commits a fundamental breech 4. the employee terminated the contract

Question 46

Parole Evidence Rule

Answer 46

Prevents parties from using outside (oral or written) statements to change, contratict or add to the terms of a final written contract

Question 47

Undue Hardship

Answer 47

The legitimate defence that an employer may raise to justify why they could not provide an accommodation to an employee

Question 48

Duty to Accommodate

Answer 48

The legal requirement in human rights law to take steps to remove discriminatory barriers to employment

Question 49

Belton vs Liberty Insurance

Answer 49

Workers labeled as "independent contractors" were legally dependent contractors because they were economically reliant on one company and lacked true autonomy

Question 50

Ontario Ltd vs Sagaz Industries

Answer 50

The Supreme Court established that a worker is an employee or independent contractor based on whether they are "in business on their own account ssessed through factors like control, tools, risk, and integration.

Question 50

Canadian Pacific Rail Co vs Lockhart

Answer 50

The Court affirmed that employers can be held responsible for employees' negligent acts committed in the course of their work.

Question 51

Entrop vs Imperial Oil

Answer 51

random alcohol testing in safety-sensitive jobs can be a valid BFOR despite being discriminatory, but drug testing showing only past use is not justified, and employers must still accommodate to undue hardship.

Question 52

Rejdak vs Fight Network Inc

Answer 52

A verbal job offer formed a binding contract that couldn't be replaced by a written probationary clause without fresh consideration, entitling the employee to reasonable notice on termination.

Question 53

Central Okanagan School District No. 23 vs Renaud:

Answer 53

Employers and unions must accommodate an employee's religious needs up to undue hardship, and collective agreements cannot override human rights obligations.

Question 54

Ceccol vs Ontario Gymnastic Association

Answer 54

Even if a worker signs many back-to-back fixed-term contracts, the court may treat the job as a permanent position, which means the worker is owed full reasonable notice unless the contract clearly says otherwise.

Question 55

Prima Facie of Discrimination

Answer 55

When a complainant provides sufficient evidence that they have been the victim of discrimination on a ground prohibited in a human rights statute, which shifts the burden to the employer to establish that no unlawful discrimination occurred.

Question 56

Two-Step Human Rights Model

Answer 56

A framework used in human rights law to determine whether workplace conduct violates human rights legislation

Question 57

Steps of the Two-Step Human Rights Model

Answer 57

1. Did the employer discriminate based on a prohibited ground (e.g., sex, age, race, religion)? 2. If yes, is the discrimination allowed by a statutory defence or exemption

Question 58

Bardal Factor

Answer 58

Criteria considered by Canadian courts in assessing the length of time required by the implied obligation to provide "reasonable notice" of termination of an employment contract.

Question 59

Types of Bardal Factors

Answer 59

Length of service, age, character of employment, availability of similar employment

Question 60

Meiorin Test

Answer 60

Legal test used to determine whether a discriminatory workplace rule, standard, or practice can be justified as Bona Fide Occupational Requirement (BFOR)

Question 61

Bona Fide Occupational Requirement (BFOR)

Answer 61

A defence that lets an employer justify a discriminatory rule by showing it was for legitimate business reasons and that accommodating the employee would cause undue hardship

Question 62

Meiorin Test Steps

Answer 62

1. Standard is rationally connected to the job. 2. Standard was adopted in good faith. 3. Standard is reasonably necessary because accommodation is impossible without undue hardship

Question 63

Factors to Consider for Undue Hardship

Answer 63

safety, size of employer's operation, employee morale, interchangeability of staff, cost, and infringement of collective agreement

Question 64

Key Distinctions of Dependent on Independent Contractors

Answer 64

Economic dependence, control, ownership of tools, business risk, opportunity for profit, and legal protections

Question 65

salmond test of vicarious liability

Answer 65

- formed from lockhart v cpr - employer is liable if wrongful act is either authorized or so connected with authorized acts that it may be regarded as an improper mode of doing them - formed rule that employers can be liable when when employees act contrary to instructions

Question 66

bardal factors

Answer 66

- age of employee - length of service - charecter of employment (responsibility or seinority) - availability of similar employment

Question 67

wallace/honda damages

Answer 67

wallace: bad faith dismissal requires exteded notice honda: rewarded damages only for proven harm caused by bad faith conduct