Analysis of Employment Laws and Practices

The assignment content discusses various aspects of employment laws in Canada. The first section provides an overview of the Employment Standards Act, 2000, which outlines the requirements for termination pay and notice periods. It also highlights cases where employees may not be entitled to termination pay, such as those who are guilty of misconduct. The second section focuses on overtime payment, explaining how to calculate it based on regular wages and hours worked. It also discusses the responsibility of employers to ensure health and safety at workplaces. The third section covers trade unions and collective bargaining, emphasizing the importance of these processes in resolving labor disputes.

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Name of Student
Instructor’s name
Course
Date
Workplace Law
Answer 1
An employment contract is an agreement made between the employer and the potential
employee who is legally enforceable and binding. Employment contracts generally include
procedures and policies required for the employer so as to protect their own interest as well as
that of the organization. According to the Employee Standard Act, 2000 an employee must agree
to the contract as a condition of employment (“Employee Standard Act, 2000”).
In the present case, Melanie was offered a job by the employer for $40,000 and a three
weeks of vacations. The promises were made by the employer verbally and there was no written
contract made for the same. Later when the employer provided Melanie with a written contract
which covered the salary and other benefits, serves as the employment contract. As per the
Employment Standards, 2000 law, merely an offer made to one person to person verbally or
orally does not make the parties binding to such promises (“Employee Standard Act, 2000”).

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Thus, the written agreement is the ultimate employment contract which is enforceable by law is a
contract. Charness and Levine have emphasized in their work that a contract is anything that can
be enforceable by the law of the land. It can be said that the employment contract is a collective
agreement (2002:393) . Also it is an accepted proposal that is fully understood by the law and is
legally binding on the parties.
Thus, if Melanie is unhappy with the agreement, she may choose to deny and reject the
proposal. However no action can be taken on the part of the employer merely based on oral
discussions. In case there is any offer letter provided by the company, then Melanie may take
action against the employer.
Answer 2
Termination of employment is one of the crucial issues that have been raised at many
organizations all over the world (Stewart 2013). There are a number of employees who have been
terminated due to valid and invalid reasons, owing to the workplace environment. As per the
Employment Standards Act 2000, an employer cannot terminate an employee who has been
continuously employed for period of 3 months or more unless the employer provides termination
pay.
As per the Employee Standard Act, 2000 if an employee has not received any written
notice as required under the Act, he shall be provided with a lump sum aggregated amount also
known as the termination pay, in lieu of that notice. The payment made is equal to the regular
wages that the employee would have been otherwise entitled to during the notice period (written
notice) (“Employee Standard Act, 2000”). In the present case, Jerry is merely informed of his
termination because the store was not able to generate enough business. If he is provided with a

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written notice 5 weeks before regarding the termination, then he would not be entitled for the
termination pay. On the contrary, if he has not been provided with any written notice, then he
must be provided with an equal amount of the regular work week which he would have
otherwise earned during notice period. Thus, employer is right in case he is provided Jerry with a
prior written notice and hence, he owes nothing to Jerry.
Answer 3
It is essential for the employers to define the status of their workers, rather as an
employee or an independent worker. Though both employees and independent contractors are
required to be paid for their work done, however, there are a number of differences between
them. Firstly, employees work directly for an organization and are answerable to the employer.
On the other hand, the independent contractors may work for a single corporation or any other
person and even work for multiple companies and ultimately have more control over their work.
In addition to this, another difference is that for an extended period of time an employee often
stays with sole employer; on the contrary, independent contractors usually work for a short time,
or till the completion of any particular project.
Moreover, as per the reports of Ontario reported that the business expenses paid by the
employees on behalf of the company are ultimately covered by the employers directly; on the
other hand, the independent contractors need to bear all the business expenses. An employee is
paid as predetermined salaried and may sometimes be also subject to overtime for additional
work, as the case may be. On the contrary, the independent contractors are paid on the basis of
the number of contracts they have handled during the given period.

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Another key difference amid independent contractor and an employee is with regard to
the payment of taxes. Harris and Krueger (2015) emphasizes that employers are required to
withhold taxes from an employee’s paycheck, such as the social security tax, income tax, as well
as Medicare tax . However, they are not responsible to withhold any type of tax from
independent contractors. As an alternative, independent contractors are sometimes responsible to
pay both employer and employee taxes. Therefore, it would be beneficial employ Cecil as an
independent contractor.
As Cecil is working duties include driving around the province to meet with potential and
current customers, make use of his own car and receiving payment for gas and other travel-
related expenses, doing paperwork from home, as well as only visiting the factory for meeting,
he can serve as an independent contractor.
Answer 4
A non-solicitation agreement is generally a contract clause which states that if an
employee resigns from the job and job the competitors or opens a new business, they must not
solicit any customers or clients of the corporation after leaving the position (Robbins 2017:1227).
This is done, so that the employees do not leak any confidential information about the company
to the rivals. In addition to this, soliciting the customers, generally with new offers and lucrative
packages is a loss of valuable asset for the company as well. However, this does not restrict the
employee leaving their position in the company to seek for job elsewhere or start their own
business.

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In the present case, Gina need not be concerned about such a clause as she is free to
resign and terminate the contract, because all the citizens are free to carry on any occupation,
business or trade or practice any profession. Though the person is free to do any work, however,
they must not use the name of the former workplace as their own, after termination or
resignation. Thus, it is advisable to Gina not to provide any information to the regular customers
of Great Look Salon as regards her new business because the solicit clause of the salon
mentioned clearly in the agreement to not to solicit any of the costumers at least for a period of
one year.
Answer 5
Many organizations necessitate their staffs to follow a uniform or a dress code. For most
part the uniform can be held legal as long as it is not discriminatory. For instance, both male and
female employees may have different dress codes in case a same dress code of one gender puts
unfair burden on the other. On the other hand, even in case the uniforms are discriminatory, the
employer may not make exceptions for specific workers if it puts undue burden on employers
("Religious Garb And Grooming In The Workplace: Rights And Responsibilities").
In case employer wants to lawfully want the employee to wear certain clothing, then in
such case they must prove that not wearing the uniform would pose an undue hardship on
business. In this case, the security organization, merely wants the employees to wear sailor’s cap
only on the ground that it wants all employees to look professional and well groomed and be
immediately identified as security. Thus, Ed can deny earing the cap without any fear, and if
fired then he can file a case against the employer.

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Answer 6
Workplace harassment is a crucial and common issue that is being reported by almost
every third employee in the world, particularly female workers. It involves negative behavior of
the colleagues or the employers such as hostility, aggression, intimidation as well as causing
repetitive and persistent harm to an individual or a specific minor group. As per the
("Harassment (Ontario Human Rights Commission") comments and actions based on sex, gender
identity, sexual orientation, and also gender expression unwelcomed by the victim or is known to
be unwelcomed, is termed as sexual harassment. According to the Occupational Health and
Safety Act (OHSA) workplace or organizational harassment can also take place in the form of
mocking and intimidating employs and colleagues, making remarks, jokes that demean, ridicule,
intimidate, or offend. As a result, it not only leads to stress but also health complication such as
depression, hyper tension, immune disorders, in addition to anxiety ("Preventing Workplace
Violence And Workplace Harassment | Ministry Of Labour").
In the present case, Kuffie have the right to refuse work if there is a reason to believe she
is in danger from workplace violence. She may also inform other employees regarding such
issues and contact police first, if threats or actual violence continues at the workplace.
Answer 7
Termination of employees is based on several grounds, which includes poor performance,
incompetency to take work load, inability to work under existing conditions and misleading the
employers. Though it is a difficult task on the part of the employer, but on justified grounds,
employees must be terminated with immediate effect so that it does not lead to undue burden on
the organization. The employers can terminate an employee without notice in case of
misconduct, hampering business functioning and such other reasons. In addition, the employee

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need not be given termination pay when they are guilty of misconduct. For instance, as per the
Employment standards Act, 2000, the notice of termination and termination pay do not apply to
employees who are disobedient, guilty of willful misconduct, willfully neglects their duty
(“Employment standards Act, 2000”).
In the present case Sally Smiley has been terminated by the new boss of the company due
to a perfect valid reason, i.e. miscount and performance. From the case, it is clear that Sally
Smiley is incompetent to complete the given task within the deadline; in addition, she also has
attendance problem as well as other behavioral issues. Thus, she has been dismissed on
appropriate grounds. Moreover, she has also lied and falsified information to her employer and
misled him with lies. Therefore, the grounds for termination are justified.
Answer 8
As per the Employment Standards 2000, an employer shall pay for overtime work to an
employee of at least one and one-half times their regular rate for each hour of work, which is in
excess of forty four hours per work week. The Act also states that in case any other threshold has
been prescribed, then it must be followed (“Employment Standards 2000”). In addition to this, it
must also be noted that for determining the employee’s entitlement, their hours of work of the
may be averaged over non-overlapping, and separate contiguous period of 2 or more consecutive
week.
The computation of the overtime must be done on an hourly wage rate for the salary. At
the first instance, the overtime hour must be converted to standard (regular) hours. This will be
done by multiplying it by 1.5. In the present case, the overtime hours will be computed as:
Regular working hours 35 days a week = 6 hours per day (approx).

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Overtime will be equal to 30 hours. Therefore, multiplying it by 1.5
30 X 1.5=45 hours.
Joseph must be paid for 45 hours.
Since he has only been paid for 13 hours, therefore he would be entitled to receive
additional payment for 32 hours. The employer is entitled to pay Joseph the remaining amount as
prescribed by the Employment Standards, 2000. On the contrary, in case the organization has
some different policy prescribed, then the employer would be liable to pay the remaining amount
as per that prescribed policy.
Answer 9
It is an evident fact that every organization must ensure health and safety at workplace.
Employers are responsible to take care of the employees by means of implementing health and
safety policies that are prevailing in that particular state. The law necessitates employers to
provide workforce with such a good environment and working conditions that is free of any
health hazards or any kind of known dangers. In addition to this, the Occupational Safety and
Health Administration (OSHA), have set as well as enforced protective workplace safety and
health standard.
As per the standards the employers must also provision of fall protection of the
employees, for instance the safety harness and lifeline; In addition to this, they must ensure the
safety of the employees who are required to enter manholes or grain bins. Apart from this,
employers should prevent the employees from exposure to high levels of noise which as a
consequence may lead to hearing loss or hyper tension, high blood pressure and such other health

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issues. Guards must be provided and sent along with the employees when under construction
site.
In the present case, the as uncle Fred a construction worker fell from 5 story building,
after repetitive hints to the employer regarding loose cables. It is the duty of the employer to pay
cor the damages and compensation in lieu of the damages caused as well as in lieu of the salary
which would have earned otherwise (“Osha. 2019”).
Answer 10
Trade union is an organization representing the employees in collective bargaining under
the The Crown Employees Collective Bargaining Act, 1993, The Colleges Collective Bargaining
Act, 2008, Part X.1 of the Education Act, Part IX of the Fire Protection and Prevention Act, 1997
and the The Labour Relations Act, 1995. These trade Union, as per the Employment Standards,
2000, in the case of employee who is represented by trade union, the employer needs to recall the
employee within the time set by the trade union. The collective bargaining of the trade union is a
contract and is binding.
In the present case the union bargain with the employer for contract which is a legal
documents between the employer and the employee which includes the terms for wages,
benefits, as well as the employment rules. The employer can deny Alex to form the union
because it is for his own benefit well as the overall benefit of the company. In case union is
formed he might face opposition from the workforces. In this case, both Alex and union can meet
informally and in addition, try to get the union registered for benefit. As a result of such action,
the ultimate consequences, will be either he will lose his if he continues the union or as
threatened by the employer his cost might be increased.

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Works Cited
"Harassment | Ontario Human Rights Commission." Ohrc.on.ca. N.p., 2019. Web. 8 Apr. 2019.
"Preventing Workplace Violence And Workplace Harassment | Ministry Of
Labour." Labour.gov.on.ca. N.p., 2019. Web. 8 Apr. 2019.
"Religious Garb And Grooming In The Workplace: Rights And Responsibilities." Eeoc.gov.
N.p., 2019. Web. 8 Apr. 2019.
<https://www.canlii.org/en/on/laws/stat/so-2000-c-41/latest/>
<https://www.ontario.ca/document/your-guide-employment-standards-act>
CanLII Authors Program. Employment Standards, 2000.8 April. 2019.
Charness, Gary, and David I. Levine. "Changes in the employment contract?: Evidence from a
quasi-experiment." Journal of Economic Behavior & Organization 47.4
(2002): 391-405.
Harris, Seth D., and Alan B. Krueger. A proposal for modernizing labor laws for twenty-first-
century work: The «independent worker». Washington, DC: Hamilton
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Ontario. Your guide to the Employment Standards Act, 2000. 8 April. 2019.

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Osha.gov. N.p., 2019. Web. 8 Apr. 2019. https://www.osha.gov/Publications/osha3021.pdf
Robbins, Jerrick. "A Solution to Utah's Non-Compete Dilemma: Soliciting the Use of Non-
Solicitation Agreements." BYU L. Rev. (2017): 1227.
Stewart, Andrew. Stewart's guide to employment law. Federation Press, 2013.