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Unformatted text preview: C HAPTER 20 T HE E MPLOYMENT R ELATIONSHIP Objectives After studying this chapter, you should have an understanding of: • the basic elements of the employment relationship • the ways in which the law affects recruitment practices • the content of a typical employment contract • the legal issues relating to the terms and conditions of employment Learning Outcomes • Understand why it is important to distinguish between an employee and an independent contractor (page 490) • Recognize that an employer is vicariously responsible for acts of the employees (page 492) • Recognize discrimination in the workplace (pages 493 – 495) • Understand when it is acceptable for an employer to discriminate and when the employer must accommodate for special needs (page 495) • Understand the power of the Human Rights Commission (page 497) • Recognize the duty placed on the employer through employment equity legislation (page 498) • Understand the basic contents of an employment contract (pages 501 – 503) • Understand the various pieces of legislation that protect workers, such as employment standards, health and safety, and pay equity (pages 503 – 507) • Recognize the seriousness of a workplace harassment complaint (pages 505 – 506) • Recognize the differences in negotiating an employment contract in a unionized workplace (page 512) Chapter Summary The employment relationship is based on contract. However, the parties are not free to negotiate any terms they want. The contract is modified to a great extent by legislation primarily designed to protect employees at all stages of the employment relationship, from hiring, to performance, to termination. Legislation protects employees against such things as unfair wages, unsafe working conditions, discrimination and sexual harassment, and invasion of privacy. It is essential for the employer to understand the serious ramifications of failure to honour the legislation. If the workforce is unionized, the employer cannot bargain individually with employees, but collectively with the union. © 2008 BY NELSON, A DIVISION OF THOMSON CANADA LTD. PART 6: EMPLOYMENT AND PROFESSIONAL RELATIONSHIPS Study Outline Use this outline to prepare a complete set of notes for this chapter. The Employment Relationship – page 490 ______________________________________________________________________ ______________________________________________________________________ Employee __________________________________________________________ Independent contractor ___________________________________________________ Risks in Hiring – page 492 ______________________________________________________________________ ______________________________________________________________________ Vicarious liability ____________________________________________________ Negligent hiring _____________________________________________________ ______________________________________________________________________ The Hiring Process – page 493...
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This note was uploaded on 06/04/2009 for the course BUSINESS LAW380 taught by Professor Davidmariofarmani during the Fall '08 term at Seneca.

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