Preliminary Matters for Employment Law (9:IV): Difference between revisions
Jump to navigation
Jump to search
Preliminary Matters for Employment Law (9:IV) (view source)
Revision as of 01:30, 3 August 2017
, 3 August 2017no edit summary
No edit summary |
No edit summary |
||
| Line 145: | Line 145: | ||
Employment is more broadly defined under the ''HRC'' compared to the common law and the ''ESA''. It includes the relationships of master and servant, master and apprentice, and some principals and agents. In some cases it may extend to include workers who would, under the common law, be defined as dependent or independent contractors. Additionally, some volunteering relationships could potentially be considered employment relationships, or alternately could be covered under s 8 of the ''HRC'' (provision of services). | Employment is more broadly defined under the ''HRC'' compared to the common law and the ''ESA''. It includes the relationships of master and servant, master and apprentice, and some principals and agents. In some cases it may extend to include workers who would, under the common law, be defined as dependent or independent contractors. Additionally, some volunteering relationships could potentially be considered employment relationships, or alternately could be covered under s 8 of the ''HRC'' (provision of services). | ||
The four factors that most strongly determine whether a worker is an “employee” for the purpose of the ''HRC'' are (''Ismail v British Columbia (Human Rights Tribunal)'', 2013 BCSC 1079): | The four factors that most strongly determine whether a worker is an “employee” for the purpose of the ''HRC'' are (''Ismail v British Columbia (Human Rights Tribunal)'', 2013 BCSC 1079, at para 265): | ||
*Whether the employer utilized, or gained some benefit, from the worker | *Whether the employer utilized, or gained some benefit, from the worker | ||
*The amount of control exerted by the employer over the worker | *The amount of control exerted by the employer over the worker | ||
| Line 151: | Line 152: | ||
*Whether the employer has the ability to remedy any discrimination | *Whether the employer has the ability to remedy any discrimination | ||
The Canadian Human Rights Tribunal also uses a broader definition of employment compared to the common law; see ''Canadian Pacific Ltd v Canada (Human Rights Commission)'', [1991] 1 FC 571 (CA). | The Canadian Human Rights Tribunal also uses a broader definition of employment compared to the common law; see ''Canadian Pacific Ltd v Canada (Human Rights Commission)'', [1991] 1 FC 571 (CA), at paras 9-15. | ||
{{LSLAP Manual Navbox|type=chapters8-14}} | {{LSLAP Manual Navbox|type=chapters8-14}} | ||