Business Law Assignment: Employment Standards Act and Employee Rights

This business law assignment addresses key aspects of employment law, focusing on the Employment Standards Act (ESA) of Ontario. The assignment begins by defining termination based on the ESA, then calculates termination pay for an employee dismissed without cause after four years of service. The assignment further explores the distinctions between employees and independent contractors, emphasizing the importance of understanding these differences in a business context. It examines employee rights, including minimum wage, overtime, and termination pay, and contrasts them with the characteristics of independent contractors. The assignment uses specific examples and references to the ESA guide to illustrate these concepts, providing a comprehensive overview of employment standards and their practical implications.

Running head: BUSINESS LAW
BUSINESS LAW
Name of Student
Name of the University
Author notes
Word count

1BUSINESS LAW
Table of Contents
Answer to question 1..................................................................................................................2
Answer to question 2..................................................................................................................2
Answer to question 3..................................................................................................................2
Part (i).....................................................................................................................................2
Part(ii)....................................................................................................................................3
References..................................................................................................................................4

2BUSINESS LAW
Answer to question 1
According to Employment Standards Act 2000, the employee is terminated if the
employer dismisses him, including where an employee is no longer employed due to the
reason for bankruptcy or insolvency of the employer. Termination can also happen if the
employee resigns from the business within a reasonable time (2). Termination will happen if
the employer places an employee off for a period of time that is lengthier than the
"Temporary layoff." The employer must provide a notice to the employee before termination
if the employee is working on the premises for more than three months (1). However, ESA
does not need the employer to provide a reason why the employees are terminated from the
operation. There are some circumstances present where the employer cannot dismiss the
employee even if the employer is ready to provide termination notice. The employer cannot
force the employee to work excess than their working hours as per ESA.
Answer to question 2
In this case, Shariff worked at home depot for four years, and the employer, without
any valid reason, dismissed him. Therefore, Shariff will be eligible for termination pay from
the employer. The termination pay should be equal to the regular wages of the employee.
Employees are eligible to earn vacation pay in their termination pay. Termination pay should
be paid to the employee either seven days after termination or on the employee's next pay
date (3). As Shariff was working for four years, Home Depot should provide him notice of
termination four weeks before the termination date.
Answer to question 3
Part (i)
It is essential to understand the differences between the individual contractor and
employee as they are the separate entity of the business. Some employees can be entitled to

3BUSINESS LAW
get minimum wage, overtime pay, public holiday, vacation pay, and termination pay.ESA
covers all of the employees. Employees and individual contractors have separate
characteristics.
Part(ii)
An employee of an organization should perform an important part in business work.
The business can decide how much the individual will be paid, where and how the work will
be performed. Individual contractors are already in the business. They can be independent,
and the business cannot discipline the individual contractor (4). The employee can get various
benefits, whereas the individual contractors cannot get the benefits that the employee gets.
Individual contractors have profit and risk from the business; therefore, they have the
opportunity to earn huge profits from the business, whereas employees only get fixed salaries
with other benefits. Individual contractors can decide how, when, and where the work will be
performed. The employees cannot decide that. The employee cannot determine to subcontract
some of the work. On the other hand, the individual contractor has the full right to decide to
subcontract a portion of their work.

4BUSINESS LAW
References
1. Martinez MC, Fischer FM. Work Ability as Determinant of Termination of
Employment: To Resign or Be Dismissed?. Journal of occupational and
environmental medicine. 2019 Jun 1;61(6):e272-81.
2. Suyanto; Sukiyat; Purwanto, R. Hari; Adi, Wahju Purnomo. Termination of Work on
Workers/Labor Agreement in Particular Time on Fixed Work. JL Pol'y &
Globalization. 2018;79:187.
3. Iliev P, Vitanova S. The Effect of the Say-on-Pay in the US. Management Science,
forthcoming. 2017 Feb 8.
4. Miller A, Lim K, Risch M, Wilking E. Independent contractor or employee? The
changing relationship between firms and their workforce and potential consequences
for the US income tax.'.