Chapter 20 Notes.docx

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Marketing and Consumer Studies
MCS 3040
Joseph Radocchia

Chapter 26 The Employment Relationship Employment Law  Employment law in all Canadian jurisdictions (except Quebec) is rooted in the traditions of te English common law with an overlay of legislation  Both federal & provincial governments have jurisdiction to pass employment legislation  Federal government can make laws that affect employees of the federal government and federally regulated industries, such as banking, airlines, broadcasting, railway ad shipping industries  About 10% of all employees are subject to federal regulation  Provincial government can make laws that effect all other employees including provincial employees  Both levels of government have made human rights legislation and an array of employee welfare legislation such as employment standards, occupational health & safety standard & workers compensation  There is also specific regulation which affects only employees in specific jobs  Such as police, teachers, medical personnel, civil servants etc.  Employees may also be unionized in which case labour relations legislation is applicable to the employment relationship The Employment Relationship Employment Relationship: A contractual relationship where an employer provides money to an employee in exchange for work/service Independent Contractors: A person who is working in a relationship that doesn't meet criteria of employment (Eg. doctors, lawyers etc.) Employee vs. independent contractor:  The difference might be that independent contractors are short term/temporary while employees are long-term/permanent Courts distinguish with tests such as… o The degree of control exercised over the individual by the employer o The ownership of tools, chance of profit, and the risks of loss from performance of the requested service o The degree of integration (the type of work performed is considered n relation to business itself) Implications of an Employment Relationship  Employees have certain statutory rights & benefits such as paid holidays & paid overtime that aren’t conferred on independent contractors  Employees have certain obligations with respect to employees such as income tax, employment insurance, pension plan, paid vacations etc. that independent Contractors don't have  Establishing the employment relationship is important to certain legal principles  Employee can initiate an action for wrongful dismissal but contractor cant  An employer is responsible for the tort of an employee committed in the ordinary course of employment whereas an employer is
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