BUS 483 Study Guide - Spring 2019, Comprehensive Final Exam Notes - Independent Contractor, Wrongful Dismissal, Tort

• School: Simon Fraser University
• Department: Business Administration
• Course: BUS 483
• Professor: Sasha Ramnarine

Document Summary

Even if 2 parties agree, not legal. Employment standards act = floor of rights (minimum) Scc court of appeal of bc bcsc/bcpc. Floor of rights: cannot contract below minimum standards. Diff b/t act & regulation: diff way in which it is created/approved. Constitution act 1867 = highest law in canada. Rule of law = no one is above the law. Section 91: fed gov responsible for international trade. Workers comp act: do not need to prove fault to receive comp. Test of functional integration = to determine federal vs. provincial. Fiduciary duty = duty of good faith. Contracts do not matter when they contradict the law. Balance of probabilities: much show at least 51% that you are right. Reasonable is in between average & perfection. Prima facie (what"s obvious), subsidiary must be vital/essential to larger entity. Organization test: are they an integral & essential part of the org. Control test: employees have less control of hours/procedures/etc.