Ch 20 The Employment Relationship.docx

4 Pages
Unlock Document

Western University
Management and Organizational Studies
Management and Organizational Studies 2275A/B
Frederick King

The Employment Relationship 12/11/2012 9:33:00 AM Chapter 20 Employment Law  Rooted in the traditions of the English common law, overlapped by legislation o Both federal and provincial governments create legislation  Employment can also be unionized The Employment Relationship  A contractual relationship whereby an employer provides remuneration to an employee in exchange for work or services  Independent contractor – a person who is in a working relationship that does not meet the criteria of employment  Identifying employee from independent contractor o The degree of control exercised over the individual by the employer – the more control, the more likely an employee o The ownership of tools, chance of profit and the risk of loss from performance of the requested service – sharing profits and losses and the ownership of tools indicates contracting o Degree of integration – the more the work is integrated into the company’s activities, the more likely an employee Risks in Hiring  Vicarious liability o An employer is liable for the torts of an employee that are committed in the ordinary scope of employment  Liable when the employee commits a wrong while carrying out assigned duties or authorized tasks  If the employer is liable, the employee is too  Negligent hiring – could leave the employer liable The Hiring Process  Employers normally: o Develop job descriptions o Advertise the positions o Have candidates complete an application or submit a resume o Short-list candidates o Check backgrounds and references o Interview selected applicants  Human right commission – an administrative body that oversees the implementation and enforcement of human right legislation o Prohibited grounds of discrimination  Discrimination – the act of treating someone differently on the basis of a prohibited ground  Adverse effects – discrimination that occurs as a result of a rule that appears neutral but has discriminatory effects  Systemic discrimination – discrimination that results from the combined effects of many rules, practices and policies o Defences  Bona fide occupational requirement (BFOR) – a defence that excuses discrimination on a prohibited ground when it is done in good faith and for a legitimate business reason o Duty to accommodate – the duty of an employer to modify work rules, practices and requirements to meet the needs of individuals who would otherwise be subjected to unlawful discrimination  Employment equity o Attempts to achieve equality in the workplace o Employment equity legislation – laws designed to improve the status of certain designated groups Formation of the Employment Contract  Offer of employment o Doesn’t have to be in writing, as long as the statements are reasonably
More Less

Related notes for Management and Organizational Studies 2275A/B

Log In


Don't have an account?

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.