ADMS 3420 Lecture Notes - Lecture 9: The Employer, Parental Leave
23 Sep 2016
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Document Summary
The esa reflects government"s admission that free market" model of employment contracts cannot be trusted to produce acceptable employment contract outcomes. Cant contract out of the esa it doesn"t matter if the employee agrees something less than the esa standard. Basic model: esa imposes minimum terms directly into employment contracts state prohibits. Ers/ees to agree to less, even if they otherwise would agree to do so. The employer can exceed the min but cannot contract out of the minimum or the employee can file a complaint. Esa displaces the common law principle that the parties are free to negotiate their own terms and conditions of employment. We"ll look at: (1) minimum wage; (2) overtime pay; (3) termination & severance provisions; and (4) the complaint process now. If you"re an employee and you think that the employer has violated a esa you can file a complaint that goes to the minister of labour/tribunal not a court.
