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15 Cards in this Set
- Front
- Back
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Compared with agency |
employer and employee is established by a contract that gives one party the authority to direct work |
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Independent contractor |
when a firm undertakes work as an independent contractor, any liabilities it incurs are almost entirely its own |
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Liability to third persons in contract |
if they do not fulfill contract then liable for breach of contract |
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liability to third persons in tort |
contractor at fault for employees |
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Implied term of reasonable notice |
notice involves telling an employee in advance that employment relationship will end, no notice required for fixed term |
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relevant factors for dismissal |
1. Length of employment 2. Character of employment 3. Age 4. Education 5. Education 6. Experience 7. Availability of similar employment |
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Misconduct |
Crime associated with employment
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Disobedience |
Wilful disobedience of a reasonable and lawful order |
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Incompetence |
Cannot do work satisfactorily |
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Illness |
Permanent Disability and after employer has exhausted all efforts |
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Failure to warn |
Violate essential term, breach the faith in the relationship, conflict employees obligations |
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Adverse economic conditions |
as long as three months you lay them off |
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Damages |
Fired without reasonable notice, humiliate or bad faith |
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Mitigation |
A party injured by breach of contract is expected to act reasonably in order to mitigate her loss, find another job |
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Reinstatement |
Specific performance by which the court orders the employer to continue to employ the aggrieved employee |
