BUS 393 Lecture Notes - Lecture 6: Independent Contractor, Fiduciary, Employment Contract

• School: Simon Fraser University
• Department: Business Administration
• Course: BUS 393
• Professor: Shafik Bhalloo

Document Summary

Specialized statutes deal with collective bargaining and unionized workplace. Statutory tests limited to operation of specific statutes. Control test historical test to determine employment. Independent contractors control their own hours and how they do the work. Employees work under direction of employer and can be told what to do and how to do it. Risk of loss employee would get the same wage whether or not the business loss or earn money. Integration if the individual is an integral and essential part of the organization, he/she is an employee. Important to differentiate as employers are vicariously liable for torts within scope of employment. Owe a fiduciary duty if manager or key employee. Under common law, must give reasonable notice of termination (in absence of. May give notice, pay in lieu of notice (zero), or half and half. Employment contract may contain terms related to termination. Minimum statutory requirements must always be met, but often employee will receive much more.