Employment Questions

CHAPTER 10: EMPLOYMENT EMPLOYMENT QUESTIONS 1) there is an employment relationship. because he gets pay cheque directly from him.
he supplies his own tools and drives his own vehicle which makes him look more like an employee. (i think i meant to write an independent contractor, not employee, like he looks more like an independent contractor because of these things) not strong definitive assume bill employee want to know what happened it is only wrongful dismissal if the employer breached the employment contract. may be successful if did not pay in lue of notice, and did not give reasonable notice. say he leaves today. not successful if bill fundamentally breached employment contract, i.e. he did something that was a breach of contract, and there is just cause where the employer can terminate them and owe them no money and no notice time. e.g. dismissed for no reason, and he has not done anything wrong. contract says nothing. depends on whether he has been given adequate appropriate notice. length of service, age, economic climate, position in organization... we will come up with # of months... and if thats what employer gave he will not be successful, unless maybe they gave them an amount that is less than that. is it written, if written union. whats the story? what did he do? is it something he did which might be just cause. \
independent contract,
CHAPTER 10: EMPLOYMENT has contract for service, not employment contract. if employer breaches contract, follow basic contract principals put parties back into original position unless contract states otherwise it would be a breach of contract. depending on who breached, that would determine who could sue. independant -own vehicle -work away from office, e.g. at home -paid on monthly basis not part of their normal payment -not part of organization comity -make own schedule -own tools -work individually -matters what employer says, e.g. employer says ur employee, most of time they would u to be an independent contractor, so they can avoid certain benefits that employer receive. 2) not receive any thing, because it is just cause, due to the fact that the employee stole money from the corporation, and that was the reason that they terminated him is he an employee? yes, says he has been employed not receive money=just cause, in just cause employee has breached contract, employer can take away there condition in contract which is to provide job,.... - no obligation for employer anymore, same deal as fundamental breach terminate cause stole substantial work, should be at least a 3 year...
3) if gets new job in 2 weeks. would get two weeks pay. depends on job....if making same amount of money..eee has obligation to mitigate damages. most ppl would if got another job making half amount, eer would have to compensate for the lower salary, so to put him back into his original position, pay other half that he is
CHAPTER 10: EMPLOYMENT losing out on because he was fired. know he is an employee.
4) courts will say employer must accommodate up to the point of undue hardship , very high benchmark....even if the eee cant do his job because of alcohol abuse. must accommodate .e.g. pay for rehabilitation. eee will say have accommodated, and enuffs enuff..., employer will have to be able to say that it is undue hardship, and prove this if they are able to prove wrongful dismissal - but its a gamble whether or not a judge will say. (I think what I was going to write is that it it is a gambleas to whether or not the judge will say that this is undue hardship, because often there are very many ways to accoommadate the employee, and it is very rare that you will actually see that an employer could really say that this is undue hardship).. if dealing with someone who is falling within human rights code...accommodated up to the point of undue hardship 5)
CONSTRUCTIVELY DISMISSED - only available to EmployEEs - should act immediately has employer is employee she will say she has been CONSTRUCTIVELY DISMISSED. only available to employees. basically this is saying u might as well have terminated me, u have changed employment contract, in such a way that they say has breached ur employment contract. pretty much moved to new job. if u are lawyer?
CHAPTER 10: EMPLOYMENT she says this happened a week ago u should act immediately. because if not doing this, if dont complain, u have accepted, which makes the breach/fundamental breach/ condition a WARRANTY. say right away, if waited a year, u accepted breach, so not breach anymore, it is a warranty.
6) age discrimination--> now dont have to be between 18 and 65...can work longer... if forced to retire at 65 it is discrimination... ontario human rights = any one 18 or older... eer cant force employee to retire at a certain age...statute which specifies: unless for certain health and safety reasons.. .e.g. police, firefighter, aireline pilots, if no statute it would be discrimination.. could do test to determine performance that is substandard.. eee says i was fine a year ago. easy where jobs have very objective tasks . e.g. move thing from here to here. have to accommodate up to point of undue hardship... make it attractive for them to retire e.g., buyout package, bonus for retiring.. would it be discrimination? it DEPENDS ON JOB. if police officer, NOT DISCRIMINATION, IF NOT ONE OF PROTECTED GROUPS, IT IS DISCRIMINATION.YES. 7) gonna get 5 weeks.
CHAPTER 10: EMPLOYMENT if in contract, limited to that amount. Lots of employees dont want to sign. because more often u r better with common law notice, than statute. with notice pay look at 3 things: 1what contract says (cannot contract below minimum, must be above minimum) 2 what statute says, employment standards act (minimal amount, whole section that talks about payment....dont need to memorize the minimum amount, just understand how to apply.) 3what common law principals say..i.e. judges decision 8) NO, CANT STIKE ON NOV 9TH. when employees b/w contracts, parties have tried in good faith to enter into contract, but cant get deal. CITY CANNOT LOCK THEM OUT. DEPENDS ON: HAVE U TRIED IN GOOD FAITH TO ENTER AGREEMENT tried PROCEDURES IN ... depends when contract ends if july, even if been in negotiations for 20 mths, still in not in a legal strike position...not until jan 1
e.g. contract expires dec 31/12 gave notice in oct to start negotiation met 20 times b/w tried in good faith in an impass NOT IN LEGAL CONTRACT POSITION, because contract has not expired yet. contract is still in effect. if it is jan 1/13 could strike if gave notice dec 1, and not negotiated. could NOT STRIKE.

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CHAPTER 10: EMPLOYMENT EMPLOYMENT QUESTIONS 1) there is an employment relationship. because he gets pay cheque directly from him.

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