LABR 2P03 Lecture Notes - Lecture 5: The Internship, The Employer, Constructive Dismissal
29 Oct 2015
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S. 103 wages owed vs. s. 104 compensation . You can be reinstated (get job back) under s. 104. Common law does not give job back (because freedom to enter contract: 104 only applies if it involves, leave of absence provisions (i. e. part 14) If employer violates any leave of absence (fires, mistreats, demotes etc. ) you can get 104 order: lie detector provisions (i. e. part 16) Can"t be forced/made to take lie detector test: retail business establishment provisions (i. e. part 17) Can"t be forced/made to work on sunday or holidays. Happened when we changed to 24/7 economy. There are exception (tourist area: reprisal provision (i. e. part 18 see s. 74) Esa does not take away common law rights. Make choice between suing and bringing an esa complain. If you start with complaint you have 2 weeks to withdraw complaint and sue.
