BUSI 2259 Employment Law Assignment 4 Please answer ANY 3of the following four (4) questions :1. Please explain how an independent contractor differs from

BUSI 2259 Employment Law Assignment 4 Please answer ANY 3of the following four (4) questions :1. Please explain how an independent contractor differs from an employee. Please provide two (2) examples. 2. What are the implications for an employer in relation to the different characterizations of a person as either an Independent worker or an Employee? Please provide an example.3. Please explain the relationship between the federal and provincial governments when it comes to employment and human rights. How does it work? Please provide an example.4. What is unique about an insurance contract (hint: relates to a duty)? Please explain. BUSI 2259 Legal Aspects of Business
Assignment 4: – Employment Law
Uploaded: March 31, 2019
Due: April 10, 2018
Value: 12.5%
Instructions:
Please answer ANY 3 of the following four (4) questions :
1. Please explain how an independent contractor differs from an employee. Please provide
two (2) examples.
2. What are the implications for an employer in relation to the different characterizations of
a person as either an Independent worker or an Employee? Please provide an example.
3. Please explain the relationship between the federal and provincial governments when it
comes to employment and human rights. How does it work? Please provide an example.
4. What is unique about an insurance contract (hint: relates to a duty)? Please explain.
Thank you.
PowerPoint Slides
to accompany
Presentation prepared by
John Ebbs
Algonquin College
Copyright © 2011 by Nelson Education Ltd.
20-1
Chapter 20
The Employment
Relationship
Copyright © 2011 by Nelson Education Ltd.
20-2
The Employment Relationship
OBJECTIVES:
? The basic elements of the employment
relationship
? The ways in which the law affects recruitment
practices
? The content of a typical employment contract
? The legal issues relating to the terms and
conditions of employment
Copyright © 2011 by Nelson Education Ltd.
20-3
The Employment Relationship
THE EMPLOYMENT RELATIONSHIP
? A contractual relationship whereby an employer
provides remuneration to an employee in
exchange for work or services
? Independent contractor – a person who is in a
working relationship that does not meet the
criteria of employment
? Usually doctors and lawyers provide services in
the capacity of independent contractor
Copyright © 2011 by Nelson Education Ltd.
20-4
Employee Versus Independent
Contractor
BASED ON VARIOUS TESTS, INCLUDING
? The degree of control exercised over the
individual by the employer- more direction and
supervision provided by employer, more likely the
relationship is employment
? The ownership of tools, chance of profit, and the
risk of loss from performance of the requested
service
? The degree of integration of the work into the
company’s activities
Copyright © 2011 by Nelson Education Ltd.
20-5
Implications of an Employment
Relationship
IMPLICATIONS
? Employee has certain statutory rights and benefits
such as paid holidays and overtime
? Employee may sue for wrongful dismissal, but this
avenue is not available to an independent contractor
? Employer is responsible for the torts of an employee
in the course of employment, but not for those of
an independent contractor in the course of carrying
out the contract
Copyright © 2011 by Nelson Education Ltd.
20-6
Risk in Hiring
RISKS IN HIRING – critical to business success or
failure
? Vicarious liability – employer is liable when an
employee commits a wrong while carrying out
assigned duties or authorized tasks.
? Negligent hiring – if the employer is careless in
hiring, training, or supervising there may be an
action against the employer in negligence due to the
actions of employee
Copyright © 2011 by Nelson Education Ltd.
20-7
The Hiring Process
STEPS IN THE HIRING PROCESS
? Develop job descriptions
? Advertise the positions
? Have candidates complete an application form or
submit a résumé
? Short-list candidates
? Check backgrounds or references
? Interview selected applicants
Copyright © 2011 by Nelson Education Ltd.
20-8
The Hiring Process
EFFECT OF HUMAN RIGHTS REQUIREMENTS
ON HIRING
? Human rights legislation prohibits discrimination in
hiring on certain grounds
? Marital status
? Race
? Colour
? Physical or mental disability
? Religion or creed
? Sex
? Age
Copyright © 2011 by Nelson Education Ltd.
20-9
Discrimination
DEFINED
? Treating someone differently on the basis of a
prohibited ground
? Adverse effects discrimination – discrimination that
occurs as a result of a rule that appears neutral but
in its effects is discriminatory
? Systemic discrimination – discrimination that
results from the combined effects of many rules,
practices, and policies
Copyright © 2011 by Nelson Education Ltd.
20-10
Discrimination
DEFENSES TO DISCRIMINATION
Bona fide occupational requirement (BFOR)
? a defense that excuses discrimination on a prohibited
ground when it is done in good faith and for a legitimate
business reason
Duty to accommodate
? the duty of an employer to modify work rules, practices,
and requirements to meet the needs of individuals who
would otherwise be subjected to unlawful discrimination
Copyright © 2011 by Nelson Education Ltd.
20-11
Discrimination
PENALTIES
? Failure to avoid or eliminate discriminatory practices
can result in a complaint to the Human Rights
Commission
? Board of inquiry investigates the complaint
? If complaint is valid, it can order the employer to stop
its practices, hire a particular individual, pay monetary
compensation, write a letter or apology, reinstate
employee or institute an affirmative action plan
Copyright © 2011 by Nelson Education Ltd.
20-12
Discrimination
AVOIDING DISCRIMINATION IN HIRING
? Job description
? Advertisements
? Application forms
? Interviews
Copyright © 2011 by Nelson Education Ltd.
20-13
Employment Equity
EMPLOYMENT EQUITY LEGISLATION
? Laws designed to improve the status of certain
designated groups
? requires employers to take positive steps to make
the workplace more equitable
? Employment Equity Act targets the underrepresentation of women, Aboriginal peoples,
people with disabilities, and visible minorities in
the workforce
Copyright © 2011 by Nelson Education Ltd.
20-14
Formation of the Employment
Contract
OFFER OF EMPLOYMENT
? Must be reasonably certain to constitute an
‘offer’ in law
? Need not be in a particular form or in writing
? Once made, the offer is capable of
acceptance until it is terminated
Copyright © 2011 by Nelson Education Ltd.
20-15
The Employment Contract
CONSIDERATIONS PRIOR TO MAKING AN
OFFER
Prior to making an offer, the employer should determine
whether the candidate has any obligations to his/her most
recent employer
Could result in legal action against the new employer for:
? Inducing breach of contract
? Restrictive covenants
? Fiduciary obligations
Copyright © 2011 by Nelson Education Ltd.
20-16
The Employment Contract
FIXED OR DEFINITE TERM CONTRACT
? A contract for a specified period of time, which
automatically ends on the expiry date
INDEFINITE-TERM CONTRACT
? A contract for no fixed period which, can end on giving
reasonable notice
EXPRESS AND IMPLIED TERMS
? Express terms have been agreed upon by the
parties
? Implied terms are what the courts believe the parties
would have agreed to
Copyright © 2011 by Nelson Education Ltd.
20-17
The Employment Contract
CONTENT OF AN EMPLOYMENT
CONTRACT
? Names of the parties
? Date on which contract begins
? Position and description of the work to be performed
? Compensation (i.e., salary, wages, bonuses)
? Benefits (i.e., vacation, vacation pay etc.)
? Probation period, if any
? Duration of the contract, if any
? Evaluation and discipline procedures
Copyright © 2011 by Nelson Education Ltd.
20-18
The Employment Contract
CONTENT OF AN EMPLOYMENT
CONTRACT
? Company policies or reference to employee policy manual
? Termination provisions
? Recital of management rights (i.e., employer has a right to
make changes to job duties and responsibilities)
? Confidentiality clause, if appropriate
? Ownership of intellectual property, if appropriate
? Restrictive covenant, if any
? “Entire agreement” clause (i.e., the written contract contains
the whole agreement)
Copyright © 2011 by Nelson Education Ltd.
20-19
The Employment Contract
EMPLOYMENT STANDARDS LEGISLATION
Laws that specify minimum standards in the workplace
including:
? Hours of work and overtime
? Minimum wage
? Vacations and vacation pay
? Termination and severance
? Statutory (paid) holidays
? Maternity and parental leave
Copyright © 2011 by Nelson Education Ltd.
20-20
The Employment Contract
SAFETY AND COMPENSATION
? Workers’ compensation legislation is designed to
address accidents and injuries in the workplace
? Provides for a type of no-fault insurance
? Employers are required to pay into a fund
? Workers who have job related injuries, accidents
or illnesses are compensated
? Economic safety schemes -Employment Insurance
Act and Canada (and Quebec) pension plan
Copyright © 2011 by Nelson Education Ltd.
20-21
Workplace Discrimination
WORKPLACE HARASSMENT
? Any unwanted physical or verbal conduct that offends or
humiliates the victim and detrimentally affects the work
environment or leads to adverse job-related consequences
for the victim including:
? Threats ? intimidation verbal abuse ? unwelcome remarks
?jokes about race, religion, sex, disability, age ? displaying
sexist, racist, or offensive pictures ? sexually suggestive
remarks or gestures ? unnecessary physical contact physical
assault including sexual assault
Copyright © 2011 by Nelson Education Ltd.
20-22
Pay Equity
PAY EQUITY
? Provisions designed to ensure that female
and male employees receive the same
compensation for performing similar or
substantially similar work
? Designed to redress systemic discrimination
in compensation for work performed
Copyright © 2011 by Nelson Education Ltd.
20-23
Drug and Alcohol Testing
TESTING POLICIES – generally accepted that, in
most cases, an employer test an employee for
alcohol and drug use where there is a reasonable
suspicion
? A company needs to show that the policy is a bona fide
occupational requirement
? policy must have been developed honestly and in
good faith and be “reasonably necessary” to ensure
the safe, economical, and efficient performance of the
job
Copyright © 2011 by Nelson Education Ltd.
20-24
Workplace Privacy
COLLECTION AND DISSEMINATION OF
INFORMATION
? legislation gives individuals the right to control the
collection and use of personal information
? Privacy Act- regulates the collection and use of
personal information held by the federal
government
? Surveillance and searches- surveillance of
employees with video cameras or closed-circuit
television is sometimes used to prevent, detect, or
investigate fraud, theft and harassment
Copyright © 2011 by Nelson Education Ltd.
20-25
Technology and the Law
MONITORING E-MAIL IN THE WORKPLACE
? monitoring the use
? monitoring the content
? Personal Information Protection and
Electronic Documents Act (PIPEDA)
? Personal information should not be collected, used,
or disclosed without the prior knowledge and
consent of the individual concerned.
Copyright © 2011 by Nelson Education Ltd.
20-26
The Union Context
LEGISLATION
? Both federal and provincial governments have
legislation that guarantees the right of most
employees to join trade unions
? Certification – the process by which a union is
recognized as a bargaining agent for a group of
employees
Copyright © 2011 by Nelson Education Ltd.
20-27
The Union Relationship
LABOUR RELATIONS
? Labour Relations Board – a body that administers
labour relations legislation
? Collective bargaining – a mechanism by which parties
enter a collective agreement or contract
? Collective agreement – the employment agreement
reached between the union and employer setting out
the bargaining unit employees’ terms and conditions
of employment
Copyright © 2011 by Nelson Education Ltd.
20-28
PowerPoint Slides
to accompany
Presentation prepared by
John Ebbs
Algonquin College
Copyright © 2011 by Nelson Education Ltd.
28-1
Chapter 28
Insurance
Copyright © 2011 by Nelson Education Ltd.
28-2
Insurance
OBJECTIVES:
? The role of insurance in risk management
? The nature of an insurance contract, including
the rights and obligations of the insurer and
the insured
? The various kinds of insurance
Copyright © 2011 by Nelson Education Ltd.
28-3
Insurance Protection
INSURANCE POLICY– a contract of insurance
PREMIUM – the price paid for insurance coverage
INSURER – a company that sells insurance coverage
INSURED – one who buys insurance coverage
INSURER
INSURED
(provides protection
against a specified
loss)
(purchases protection
against a specified
loss)
Figure 28.1
Copyright © 2011 by Nelson Education Ltd.
28-4
Insurance Protection
LEGISLATION
? mandatory terms of insurance contracts
? regulating the insurance industry
? monitoring insurance companies, particularly their
financial operations
Copyright © 2011 by Nelson Education Ltd.
28-5
The Insurance Contract
SPECIALIZED CONCEPTS
? DUTY TO DISCLOSE – the obligation of the
insured to provide to the insurer all information that
relates to the risk being insured
? INSURABLE INTEREST – a financial stake in what
is being insured
? INDEMNITY – the obligation on the insurer to
make good the loss
? SUBROGATION – the right of the insurer to
recover the amount paid on a claim from a third
party who caused the loss
Copyright © 2011 by Nelson Education Ltd.
28-6
Insurance Protection
BASIC TYPES OF INSURANCE
? life and disability
? property insurance
? liability insurance
? deductible – the part of a loss for which the insured is
responsible
Copyright © 2011 by Nelson Education Ltd.
28-7
The Insurance Contract
THE POLICY
? insurance contracts are technical documents
? changes in standard policy terms take the form of
riders and endorsements
? rider – a clause altering or adding coverage to a
standard insurance policy
? endorsement – written evidence of a change to an
existing insurance policy
Copyright © 2011 by Nelson Education Ltd.
28-8
Specialized Policies
SPECIALIZED BUSINESS POLICIES
? auto insurance
? occupiers’ liability
? comprehensive and general liability insurance
? errors and omissions insurance
? property insurance
? business interruption loss insurance
? environmental impairment insurance
? key-person life insurance
Copyright © 2011 by Nelson Education Ltd.
28-9
Remedies of the Insured
? insured may have an action against the insurance
broker – one who provides advice and assistance
to the insured in acquiring insurance
? the insurance agent – one who acts for an
insurance company in selling insurance
? insurance adjuster – one who investigates and
evaluates insurance claims
Copyright © 2011 by Nelson Education Ltd.
28-10

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