Checklist for Employment Law (9:III): Difference between revisions
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Checklist for Employment Law (9:III) (view source)
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{{Checkbox}} '''Jurisdiction:''' Determine whether the employee falls within provincial or federal jurisdiction, and make a list of which statutes apply to the employee. | {{Checkbox}} '''Jurisdiction:''' Determine whether the employee falls within provincial or federal jurisdiction, and make a list of which statutes apply to the employee. | ||
*See [[Preliminary Matters for Employment Law (9:IV)#A. Determine Federal or Provincial Jurisdiction | Section IV.A: Jurisdiction]] | *See [[Preliminary Matters for Employment Law (9:IV)#A. Determine Federal or Provincial Jurisdiction | Section IV.A: Determine Federal or Provincial Jurisdiction]] | ||
{{Checkbox}} '''Unionized or Non-Unionized''': Determine whether the employee is working in a union environment, and if so, whether the employment relationship is governed by a collective agreement, and whether the employee is in the bargaining unit covered by the collective agreement. | {{Checkbox}} '''Unionized or Non-Unionized''': Determine whether the employee is working in a union environment, and if so, whether the employment relationship is governed by a collective agreement, and whether the employee is in the bargaining unit covered by the collective agreement. | ||
*See [[Preliminary Matters for Employment Law (9:IV)#C. Determine if the Employee is Unionized or Non-Unionized | Section IV.C: Unionized | *See [[Preliminary Matters for Employment Law (9:IV)#C. Determine if the Employee is Unionized or Non-Unionized | Section IV.C: Determine if the Employee is Unionized or Non-Unionized]] | ||
{{Checkbox}} '''Employee or Contractor''': Determine whether the worker is an actual “employee” or an “independent contractor”. | {{Checkbox}} '''Employee or Contractor''': Determine whether the worker is an actual “employee” or an “independent contractor”. | ||
*See [[Preliminary Matters for Employment Law (9:IV)#D. Determine if the Worker is an Employee or Independent Contractor | Section IV.D: | *See [[Preliminary Matters for Employment Law (9:IV)#D. Determine if the Worker is an Employee or Independent Contractor | Section IV.D: Determine if the Worker is an Employee or Independent Contractor]] | ||
== B. Determine the Issue == | == B. Determine the Issue == | ||
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*See [[Chapter 20: Small Claims (20) | Chapter 20: Small Claims]]. | *See [[Chapter 20: Small Claims (20) | Chapter 20: Small Claims]]. | ||
{{Checkbox}} Ensure that you have | {{Checkbox}} Determine the claim’s limitation date. Ensure that you file the appropriate application on time. If you have missed the limitation date, look at what options you may have for late filing. | ||
*See [[Remedies in Employment Law (9:VI)#D. Limitation Periods | Section VI.D: Limitation Periods]]. | *See [[Remedies in Employment Law (9:VI)#D. Limitation Periods | Section VI.D: Limitation Periods]]. | ||
{{Checkbox}} Determine whether there are any written contracts, employment policies, or other written terms of employment that apply to the worker. | {{Checkbox}} Determine whether there are any written contracts, employment policies, or other written terms of employment that apply to the worker, including any release agreements the employee may have signed. | ||
*See [[Strategies_and_Tips_for_Employment_Law_(9:VII) | Section VII: | *See [[Strategies_and_Tips_for_Employment_Law_(9:VII) | Section VII.H: Defeating Signed Release Agreements]]. | ||
{{Checkbox}} Consider the strategies and tips offered. | {{Checkbox}} Consider the strategies and tips offered. | ||