Ch20_3e - 20-1Copyright 2007 by Nelson, a division of...

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Unformatted text preview: 20-1Copyright 2007 by Nelson, a division of Thomson Canada Limited.CANADIAN BUSINESS CANADIAN BUSINESS AND THE LAWAND THE LAWThird EditionThird EditionbybyDorothy Duplessis Steven Enman Shannon OByrne Sally GunzPresentation prepared by Presentation prepared by Allan Elliott, Southern Alberta Institute of TechnologyAllan Elliott, Southern Alberta Institute of Technology20-2Copyright 2007 by Nelson, a division of Thomson Canada Limited.CHAPTER TWENTYCHAPTER TWENTYTHE EMPLOYMENT RELATIONSHIPTHE EMPLOYMENT RELATIONSHIPOBJECTIVES:The basic elements of the employment relationshipThe ways in which the law affects recruitment practicesThe content of a typical employment contractThe legal issues relating to the terms and conditions of employment20-3Copyright 2007 by Nelson, a division of Thomson Canada Limited.THE EMPLOYMENT THE EMPLOYMENT RELATIONSHIPRELATIONSHIPTHE EMPLOYMENT RELATIONSHIPa contractual relationship whereby an employer provides remuneration to an employee in exchange for work or servicesindependent contractor a person who is in a working relationship that does not meet the criteria of employment20-4Copyright 2007 by Nelson, a division of Thomson Canada Limited.EMPLOYEE VERSUS EMPLOYEE VERSUS INDEPENDENT CONTRACTORINDEPENDENT CONTRACTORBASED ON VARIOUS TESTS, INCLUDINGthe degree of control exercised over the individual by the employerthe ownership of tools, chance of profit, and the risk of loss from performance of the requested servicethe degree of integration of the work into the companys activities20-5Copyright 2007 by Nelson, a division of Thomson Canada Limited.IMPLICATIONS OF AN IMPLICATIONS OF AN EMPLOYMENT RELATIONSHIPEMPLOYMENT RELATIONSHIPIMPLICATIONS employee has certain statutory rights and benefitsemployee may sue for wrongful dismissal, but this avenue is not available to an independent contractoremployer is responsible for the torts of an employee in the course of employment, but not for those of an independent contractor in the course of carrying out the contract20-6Copyright 2007 by Nelson, a division of Thomson Canada Limited.RISKS IN HIRINGRISKS IN HIRINGRISKS IN HIRINGvicarious liability employer is responsible for the torts of employees committed in the ordinary course or scope of employmentnegligent hiring if the employer is careless in hiring, training, or supervising there may be an action against the employer in negligence20-7...
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Ch20_3e - 20-1Copyright 2007 by Nelson, a division of...

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