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9 Cards in this Set
- Front
- Back
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Employee |
Someone who is under the direction and control of an employer
Employer provides tools (common law)
Method of payment (ongoing) |
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ESA |
Employment Standards Act: outlines an "employee" and sets out minimum rights
Sets minimum wage, stats, overtime, vacation pay, etc.
Provincial, not Federal (Fed. Employment Act for quasi and semi quasi)
Usually for low-level jobs (entry level) |
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Two types of Dismissal |
Dismissal for cause (firing)
Dismissal without cause (layoff) |
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Which type of dismissal is covered by the ESA? |
Without cause, layoff |
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Which type of dismissal is covered by Common Law? |
For cause, firing |
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Obligation for firing |
pay up to date and vacation pay within 2 days after firing |
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Upon firing, four reasons you would not have to pay severance |
1. Misconduct/Dishonesty (one provable instance, employer's onus)
2. Disobedience (some repetition, documentation, defence could be safety issues)
3. Incompetence (repetition, documented, duty of remediation)
4. Sickness (unable, duty of accommodation) |
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Obligation for layoff |
Give notice or pay in lieu of notice (severance)
Less than 3 months: no notice 3 months to 1 yr: One week 1-3 yr: 2 weeks 3 yr: 3 weeks, 4: 4 weeks, etc. Max. 8 weeks
Higher level 3-5 weeks per year of employment
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Wrongful Dismissal |
Fired wrongfully
Sue for severance |
