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SOME NOTES ON EMPLOYMENT LAW.pdf

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Department
Administrative Studies
Course
ADMS 2610
Professor
Robert Levine
Semester
Winter

Description
SOME NOTES ON EMPLOYMENT LAWNOTEWhat follows is in addition to the materials in your text Employment law deals with the relationship between an employer and an employeeIt is derived form the common law relating to master and servant but has been added to by means of statutory changes which also affect it The relationship is one of contractIn many cases the contract is oral while in others it is writtenIn fact by virtue of the Statute of Frauds in Ontario it must be written for employment contracts which run for a fixed term of more than a year or as the case law puts it contracts which exceed a year and a dayBeing a contract the first thing any prudent lawyer or student of law should do when a problem occurs in the employeremployee relationship is to look to the contract which may very well contain terms which relate to or govern such matters as 1the parties2 the remuneration how the employee is paid3 length or term of employment4the obligations of the employer and the employee in the latter case a job description 5 what constitutes default under the agreement by the employee including including a definition of just cause and the types of just cause that are applicable and any additional acts or omissions of the employee that may result in dismissal Generally speaking depending on the nature of employment an employment contract will also contain one or more restrictive covenants such as a confidentiality or nondisclosure clause and a noncompetition clause6Termination for reasons other than 3 Where there is no real written contract of employment the terms of employment are set out in the Ontario Employment Standards Act which sets out the minimum terms or provisions that apply to all employment contracts Some of these are 10 sick days a yearone weeks wages for every year worked to a maximum of 8 weeksminimum wage It should be noted that a written employment contract cannot supersede the Ontario Employment Standards Act unless it goes beyond the Act providing for more than the Act provides such as three weeks vacation a year or 2 sick days per month etc Copyright Robert Levine
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