BUS 393 Chapter Notes - Chapter 12: Canada Labour Code, Wrongful Dismissal, Fiduciary

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The control test service: traditional method: assess degree of control exercised by person paying for, person who is told what to do and how to do it is an employee. Independent contractor agrees to do a specific job, not to enter a general service relationship. Independent contractor works for himself, while employees work for their employer. Reasonable notice: courts consider length of service, type of job, age of employee, qualifications, availability of similar employment, bad-faith conduct. Includes serious absenteeism, consistent tardiness, open disobedience, habitual negligence, incompetence, harassing other employees, drinking on the job, immoral conduct that reflects poorly on employer: must ensure accusations are accurate with firm evidence, no requirement to give any notice. If serious illness prevents employees from performing their job, can be discharged without notice frustration of contract: however, must accommodate disabled workers still able to work does not apply if will cause the employer undue hardship.

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