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Chapter 18 The Contract of Employment.docx

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Brock University

Chapter 18 The Contract of Employment Difference between Independent Contractor and an Employee Employee  A employer and employee relationship is established by a contract that gives one party the employer authority to direct and control the work of the other party Independent Contractor  Independent contractor undertakes to do a specified task such as building a house; the contract between the parties does not create an employee-employee relationship because the contractor is not subject to the supervision of the person engaging him. His job is to produce a specific result but the means he employs are his own affair. Termination Without Cause  Notice of termination involves telling an employee in advance that the employment relationship will end  Fixed Term: no notice is required on the part of either party; a student expects summer employment to terminate on the Friday before Labor Day.  Reasonable Notice: in the absence of an expressed term about termination in a contract the rule is that a reasonable notice shall be given. Sometimes a court will determine the length of a reasonable notice from evidence of an established customary practice. If one is not present then key considerations are the length and nature of employment, the age of the employee and the availability of similar employment give the educational and experiential background.  Payment in Lieu of Notice: if an employer dismisses an employee without notice, it may satisfy its obligations to give a reasonable notice if it tenders an additional amount of pay for a period equal to the time required for reasonable notice.  If a employee leaves voluntarily the company can sue for breach of contract  An employee can justify leaving if he can show that he was oblige to work under dangerous conditions Grounds for Dismissal Without Notice The Contractual Basis  Dismissal without notice or further obligation by the employer when the emplo
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