What Is Employment? Compare employee with agent and independent contractor Differences: Control test - Degree of control exercised over an employee is greater than over an independent contractor Organization test - Is person an essential part of employer’s organization?

Tests Control test - Degree of control exercised over an employee is greater than over an independent contractor –Factors: Organization test - Is person an essential part of employer’s organization?

Obligations Employer: Employee:

Termination Where no just cause, reasonable notice of termination is required of both employer and employee Employer is required to give reasonable notice or pay in lieu of notice –may dismiss an employee with notice for any reason unless it violates human rights legislation

Reasonable Notice Minimum Standards – Employment Standards Act –BC Contract –Must meet minimum standards of Act Common Law –Factors:

Termination/3 Just cause dismissal requires no notice. Dismissal without notice must be based on employee wrongdoing or a failure to perform the job. Examples:

Termination/4 An employee discharged without adequate notice can sue for wrongful dismissal. An employee can leave without notice when required to work in dangerous conditions or when work involves immoral or illegal activities

Termination/5 Constructive dismissal - employment contract may be breached when nature of job changes or working conditions become intolerable. Compensation based on reasonable notice, lost benefits and pension rights –Employee must mitigate losses

Employment Standards Acts Statutes designed to protect employees by setting minimum standards for: –safety –wages –hours of work –child labour –termination

Human Rights Legislation/2 Issues relate to: harassment, disabled workers, pay equity, affirmative action, retirement policies –Duty to accommodate –To what point? Tribunals hear complaints, investigate, levy fines and reinstate employees

Other Legislation Child Labour Regulations –minimum age varies with jurisdiction –designed to control abuses Workers’ Compensation –mandatory insurance coverage –paid for by fees assessed against employers –worker gives up right to sue –Exceptions:

Other Legislation/2 Health and Safety - federal and provincial legislation seek to: –provide safer working conditions –ensure safe employment practices –establish education programs Regulations provide for boards to hear complaints and enforce compliance –inspection and investigations procedures

Other Legislation/4 Employment Insurance Qualified unemployed entitled to benefits Employers and workers pay into a fund Decisions may be appealed to Board

Collective Bargaining Wartime Labour Relations Act Canada Labour Code Provincial Acts

Types of Labour Disputes Recognition Disputes Interest Disputes Jurisdictional Disputes Rights Disputes

Organization of Employees Certification - employees’ application to labour relations board to be recognized as a bargaining unit Bargaining Agent - one per bargaining unit –given exclusive authority to negotiate with employer –any contract negotiated is binding on all employees within the unit

Unfair Labour Practices Legislation creates orderly process for organization and recognition of unions lays down specific rules of conduct prohibits unfair labour practices coercion, intimidation, blacklists,etc.

Unfair Labour Practices/2 requires employer to recognize and bargain with a certified union may provide for certification of employers’ organizations

Bargaining Collective Agreements –Either party can give notice to commence bargaining –Agreement must be ratified by both employees and employers –Parties must make reasonable effort to reach an agreement

Dispute Resolution Mediation – Conciliation or mediation may be mandated by legislation Arbitration - a method for settling disputes and grievances arising out of the agreement –Mandatory in rights disputes –Decisions of arbitrator(s) are binding on parties

Strikes and Lockouts Strike - withdrawal of services by employees Lockout - action by employer to prevent employees from working Requirements:

Job Action Work to rule - employees do no more than minimally required by agreement Right to job action limited by legislation

Public Sector and Essential Services People involved in essential services may have their right to strike limited Public sector employees may be prohibited from participating in strikes

Picketing Strikers gathered at a place of business providing information that dissuades people from doing business with employer. Permissible only when lawful strike is in progress Must be peaceful and merely communicate information Courts or labour relations boards may restrict picketing when regulations violated.