Wrongful Dismissal LABR 1260 Framing our Workplace Rights 41 Step 1 Employee or

Wrongful dismissal labr 1260 framing our workplace

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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’
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." (Bardal v. Globe & Mail Ltd., 1960 CanLII 294 (ON SC)) LABR 1260 - Framing our Workplace Rights 42
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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
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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
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Wrongful Dismissal Common ‘Rule of Thumb’: 1 Month / Year of Service Not actually a rule of thumb! LABR 1260 - Framing our Workplace Rights 45
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Independent Contractors Independent contractor workers: far fewer rights How do we assess if someone is or not? LABR 1260 - Framing our Workplace Rights 46
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Independent Contractors Who sets the rules? Who owns the tools? Who can profit? Who stands to lose?
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Independent Contractors Integration Test: How integrated is the worker into the workplace? LABR 1260 - Framing our Workplace Rights 48
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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
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50 LABR 1260 - Framing our Workplace Rights Break Article Analysis assignment Employment Standards Minimum Wage APA Citation workshop
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Article Analysis Instructions What’s required of you? Formatting, citations, etc LABR 1260 - Framing our Workplace Rights 51
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Employment Standards Code Manitoba Employment Standards Code: sets many core ‘minimums’ for workplace LABR 1260 - Framing our Workplace Rights 52
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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

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