ADMS 2610 Lecture Notes - Lecture 6: Bargaining Unit, Picketing, Natural Justice

• School: York University
• Department: Administrative Studies
• Course: ADMS 2610
• Professor: Rudi Lof

Document Summary

Relationship of master/servant: master and servant act of 1867, adopted in canada. Common law: viewed it as a bargain struck between master and servant, not one of pure contract. Requires the essential elements of a contract. Still had limitations so they added the organization test. A test for employment based upon an examination of the services in relation to the business itself. Are they an integral part of the business or something adjunct or. Independent contractor controls: accessory to normal business. Manner in which the work is done. Fourfold test: degree of control (high, ownership of tools (low, chance of profit (low, risk of loss (low) Or: overall integral part of business (high) If these tests are not met, then the person may be an independent contractor. Employee entitled to rights under law and benefits which independent contractor is not. Need not be in writing to be enforceable. May need to be in writing under statute of frauds.