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Difference between revisions of "Employment Law Issues (9:V)"

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See IV.C.5: Exceptions to the General Rule (Specialty Professions) to determine whether the ''ESA'' applies to the employee in question. See [[{{PAGENAME}}#6. Hours of Work and Overtime Pay | V.A.6: Hours of Work and Overtime Pay]] to determine if the employee is exempt from overtime.
See IV.C.5: Exceptions to the General Rule (Specialty Professions) to determine whether the ''ESA'' applies to the employee in question. See [[{{PAGENAME}}#6. Hours of Work and Overtime Pay | V.A.6: Hours of Work and Overtime Pay]] to determine if the employee is exempt from overtime.


=== 1. Hiring Practices ===
=== Hiring Practices ===


An employer may not induce a person to become an employee or to make him or herself available for work by deceptive or false representations or advertising respecting the availability of a position, the nature of the work to be done, the wages to be paid for the work, or the conditions of employment.  If this occurs, the employee could file a complaint at the Employment Standards Branch per section 8 of the ESA.   
An employer may not induce a person to become an employee or to make him or herself available for work by deceptive or false representations or advertising respecting the availability of a position, the nature of the work to be done, the wages to be paid for the work, or the conditions of employment.  If this occurs, the employee could file a complaint at the Employment Standards Branch per section 8 of the ESA.   


Apart from ESA entitlements, an employee who was hired as a result of false representations could potentially sue for the tort of misrepresentation.  For more information about this tort, see Queen v Cognos Inc, [1993] 1 SCR 87.
Apart from ESA entitlements, an employee who was hired as a result of false representations could potentially sue for the tort of misrepresentation.  For more information about this tort, see ''Queen v Cognos Inc'', [1993] 1 SCR 87.


=== 2. Employment Agencies ===
=== 2. Employment Agencies ===
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