Wrongful Dismissal LABR 1260 - Framing our Workplace Rights 41 Step 1 • Employee or Independent Contractor? Step 2 • Just cause? Term position ending? Frustration of contract? Step 3 • Determining ‘reasonable notice’
." (Bardal v. Globe & Mail Ltd., 1960 CanLII 294 (ON SC)) LABR 1260 - Framing our Workplace Rights 42
Wrongful Dismissal • Ability to be reemployed • Length of service • Type of work (more senior or more specialized, more notice) • Legal minimums (ESC) • Penalizing bad behavior of ERs LABR 1260 - Framing our Workplace Rights 43 • Recognize good service (limited), penalizing bad service of EE • Way dismissal was handled • Sector/industry norms • Induced to leave other job • ER policy re notice
Notice / Termination Length of Service Employer Must Give.. Employee Must Give… < 30 days None None 30 days up to 1 Year 1 Week 1 Week 1 Year up to 3 Years 2 Weeks 2 Weeks 3 Years up to 5 Years 4 Weeks 2 Weeks 5 Years up to 10 Years 6 Weeks 2 Weeks 10 Years + 8 Weeks 2 Weeks LABR 1260 - Framing our Workplace Rights 44
Wrongful Dismissal Common ‘Rule of Thumb’: 1 Month / Year of Service Not actually a rule of thumb! LABR 1260 - Framing our Workplace Rights 45
Independent Contractors Independent contractor workers: far fewer rights How do we assess if someone is or not? LABR 1260 - Framing our Workplace Rights 46
Independent Contractors •Who sets the rules? •Who owns the tools? •Who can profit? •Who stands to lose?
Independent Contractors Integration Test: How integrated is the worker into the workplace? LABR 1260 - Framing our Workplace Rights 48
Independent Contractors Class-action lawsuits on IC status • Heller (Ontario) v Uber – Uber driver agreement sets arbitration in Netherlands – SCC to issue ruling very soon re: whether this is unconscionable under common law – merits of original case still to be heard • Pokornik (Manitoba) v Skip the Dishes: – on hold until Heller resolved (Skip changed driver agreement to bar drivers from taking them to court) LABR 1260 - Framing our Workplace Rights 49
50 LABR 1260 - Framing our Workplace Rights Break Article Analysis assignment Employment Standards Minimum Wage APA Citation workshop
Article Analysis • Instructions • What’s required of you? • Formatting, citations, etc LABR 1260 - Framing our Workplace Rights 51
Employment Standards Code Manitoba Employment Standards Code: sets many core ‘minimums’ for workplace LABR 1260 - Framing our Workplace Rights 52
Employment Standards Code Minimum Wage Hours of Work / OT Deductions Holidays Vacations Day of Rest LABR 1260 - Framing our Workplace Rights 53 Breaks Reporting Pay Termination /Notice Leaves Child Labour …and more!
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- Fall '15
- DAVID CAMFIELD
- Law, Labour economics, Trade union, Canadian Charter of Rights and Freedoms, Charter of Rights and Freedoms