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Employment Law.docx

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York University
Administrative Studies
ADMS 2610

Employment Law___________________________________ Employment law – deals with the rights of the employer and the employee. It deals with the contract between them whether oral or writing. The relationship is one that ofcontract . According to Statute of Frauds in Ontario, an employment contract that runs MORE than a year must be in writing to be enforceable. A written contract may contain terms which relate to or govern matters such as: (1) The parties (2) The remuneration – how the employee is paid (3) Length or term of employment (4) Obligations of the employer and the employee (in the latter case a job description) (5) What constitutes default under agreement by employee: - All types of just cause and additional acts by an employee that may result in dismissal - Restrictive covenants – confidentiality or non-disclosure clause or competition clause (6) Termination for reasons other than 3. When no written contract exists – REFER TO Ontario Employment Standards Act – which sets out the minimum terms or provisions to all employment standard contract – page 357: General Wage $9.50 / hr Hours of Work Maximum 8 per day, or, 48 per week Overtime Pay 1.5 time regular rate for hours over 44 Vacation 2 weeks per each 12 months Vacation Pay 4% of total wages earned annually Leave of Absence (unpaid, job-protected) Maternity – 17 weeks Paternal – 35.37 weeks Family Medical – 8 weeks in 26 Illness/Emergency – 10 days per year Human Rights Legislation – prohibits discrimination on the basis of race, creed, colour, place of origin, nationality, sex, age physical disability, or past criminal record. Disability – duty of employer to accommodate person with disability unless employer can prove bona fide occupational requirement (BFOR) Test for Bona Fide occupational requirement (BFOR ) – (1) The requirement is reasonable and necessary to perform the work (2) That it was adopted by the employer in good faith (3) That accommodation of the employee with disability would cause undue hardship on the employer (expensive) Pay Equity - equal pay for equal work performed by men OR women Termination of a contract – reasonable notice must be given which may be identified depending on : contract type, method of payment, type of position, length of service, customs of business, age of employee Termination WITHOUT Notice/Warning (1) Termination by reason of the expiry of the term of employment (2) Termination/dismissal for breach of contract – breach in written terms ex. competing (3) Termination/dismissal for just cause 1. Serious Misconduct – dishonest, racist jokes 2. Habitual neglect of Duty – chronic absenteeism or lateness 3. Incompetence – fails to maintain standards 4. Conduct incompatible with the employer’s duties or prejudicial to the employer’s business – can either be conduct related to the job or conduct outside of working hours
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