MOS 2275 Notes.docx

19 Pages

Management and Organizational Studies
Course Code
Management and Organizational Studies 2275A/B
Philip King

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Employment Law Feudal system Serfs and Lords No laws governing work place health and safety or any guidance at all Type of situation continued up until a hundred years ago 1920s Things change and employment landscape becomes friendlier to employees and less to employers This was as a direct result of labour unions1 In order to avoid labour disputes and strikes employers provided better wages benefits and conditions 2 Womens involvement in politics They tended to champion these issues 3 Development of middle class Most populous group became the middle class Different to both lower and upper class as they were motivated to affect change and could do so They had disposable income which allowed them to do so They developed a social conscience and thus put pressure on the government in order to improve workWhen do we have an employment relationship Must have a master servant relationshipAs there are three types of employment Agency private contractors and masterservant relationshipWhy is it important to know when you have an employment relationshipVicarious liability need to know when present Distinguish between independent contractors and employees Just because they are independent contractors by name doesnt mean that you are not vicariously liableMust look under the control test and the employment test Fiduciary employees owe a greater duty to their employers Degree of control by person paying is importanty Organization test supplement controls test y Employee can be an agenty An agent can be independent or an employeeDifference between nonsolicitation and noncompetition injunction clauses Non Solicitation stops former employees from taking customers away from the old businessTermination of Employment WITHOUT CAUSE If youre not in a unionized workplace An employer can terminate an employee at any time no reason requiredWhen this is done there are 3 obligations under common law judged by courts without causeCommon Law Statutory law1Cannot discriminate 2Notice of Termination Must be reasonable for 2Notice of Termination Requires a formulae ESA the employee depending upon age seniority states you must give one week of notice for every year of employment to a maximum of 8 weeks specific performance 242ks year But rarely You can have notice or pay in lieu of notice where longer than a yearpaid for 8 weeks but forced to leave immediately3Severance required if payroll is equal to 25 million or more This is one week per year of employment no maximumTo get common law compensation you need a To get statutory compensation is very easy no lawyer and must deal with the uncertainty of lawyer necessary going to court Termination with Just Cause or Cause No notice or severanceCause insubordination theft misconduct Treated as a fundamental breach of contract Constructive dismissal occurs when you change someones employment terms dramatically Note to check ESA HSOrganized Labour In Ontario unions have a legal right to represent their employees Once the employees state that they are represented by the union then the company can no longer negotiate individually Even if youre not a member of the union but you are a part of the unit then the union represents all the employeesIllness may constitute frustration of contractEmployees can be sued for breach of contract if they leave without cause or noticeConstructive dismissal occurs where an employee is demoted or their job is made substantially more difficult in order to encourage them to quite
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