IDRL320 QUESTIONS WITH VERIFIED ACCURATE ANSWERS
1. What are the three work law regimes?: Common law: Concerned with contract law + Torts
Regulatory: Acts that protect vulnerable workers. Other acts may also influence work law relating to immigration, privacy and pension.
Collective bargaining: administration of union in workplace, industrial conflict, the terms of the CBA, and addressing power imbalance.
2. What are the two types of common law relevant to work law?: Contract law: addressing
violations, interpretation or administration of implied and expressed terms of contract in the employment relationship.
Tort law: provides a harmed party a way to sue for the wrongful action when it does not violate a contract or statute. When discussing work law,
this is regarding labor disputes, strike/picketing action, misrepresentation by both parties.
3. What is the difference between employment and self-employment, and what are the tests the law
applies to determine each?: Self-employment: Freelancers, independent
contractors, owns own organization. Assumed to not need protection in the way employees are attorded through employment law.
Employment: When an individual enters a contract which provides remuneration for work provided. Works for someone else.
The law uses a score card method to determine if individual is an employee or self-employed/independent contractor.
4. What are the three work law regimes, and why did they emerge as distinct areas?: The regimes are
distinct because each is concerned with specific legal rules; however, there is overlap between the three.
1. The common law regime is concerned with rules found in employment contracts, including contract law and torts.
2. The regulatory regime is concerned with statutes and regulations which govern work and employment contracts.
3. The collective bargaining regime is concerned with three categories of rules: A. Statutory rules re: union formation, bargaining, and
conflict. B. Collective bargaining rules. C. Judge-made rules based in common law torts that apply within the CBR (specifically in relation to
picketing and strikes).
5. Why is the employment contract characterized by a power imbalance? How does this affect the law
of work?: Due to ditterent levels of dependence, subordination and unequal
levels of bargaining powers attorded through market mechanisms and the law. Heavily influenced by master/ servant laws. Labor needs
,income from the employer more than the employer needs that individual worker. Depending on the
, economy, it may be quite diflcult for an employee to walk away if they are not happy with the terms of employment. Employers are able to
unilaterally fix terms of employment.
6. What are some of the criteria for determining whether someone is an em- ployee?: Company sets
working hours
Company owns tools
Company controls how work is done and supervises
Customers/clients are company's
Works exclusively for company
Work performed at company
premises No personal assets in
business
Must perform assigned tasks themselves
Regular employee deductions made
Company sets price of goods/services sold
Contract defining the worker as employee
7. What is a Control Test: The right to give orders and instructions to the employee regarding the manner
in which they carry out their work.
8. What is a Fourfold Test: 1. Control 2. Ownership of tools 3. Chance of profit 4. Risk of loss
9. What is organization test?: Determines if work is integral or related to employer's business.
10. What is employment?: Selling labor power for value under a contract.
11. What is a contract?: Legally binding agreement between parties.
12. What is an employment contract?: Binding agreement between employer and employee.
13. What does an employment contract define?: Conditions of employment.
14. What is a binding precedent?: Decision made by higher court.
15. What is common law?: Judge-made rules based on past precedents.
16. What is breach of contract?: Violation of legally binding terms of a contract.
17. What does it mean to distinguish a case?: Point out ditterences between cases.
18. What is a precedent?: Previous case with similar facts and legal issues.
19. What is stare decisis?: Standing by a previous decision.
1. What are the three work law regimes?: Common law: Concerned with contract law + Torts
Regulatory: Acts that protect vulnerable workers. Other acts may also influence work law relating to immigration, privacy and pension.
Collective bargaining: administration of union in workplace, industrial conflict, the terms of the CBA, and addressing power imbalance.
2. What are the two types of common law relevant to work law?: Contract law: addressing
violations, interpretation or administration of implied and expressed terms of contract in the employment relationship.
Tort law: provides a harmed party a way to sue for the wrongful action when it does not violate a contract or statute. When discussing work law,
this is regarding labor disputes, strike/picketing action, misrepresentation by both parties.
3. What is the difference between employment and self-employment, and what are the tests the law
applies to determine each?: Self-employment: Freelancers, independent
contractors, owns own organization. Assumed to not need protection in the way employees are attorded through employment law.
Employment: When an individual enters a contract which provides remuneration for work provided. Works for someone else.
The law uses a score card method to determine if individual is an employee or self-employed/independent contractor.
4. What are the three work law regimes, and why did they emerge as distinct areas?: The regimes are
distinct because each is concerned with specific legal rules; however, there is overlap between the three.
1. The common law regime is concerned with rules found in employment contracts, including contract law and torts.
2. The regulatory regime is concerned with statutes and regulations which govern work and employment contracts.
3. The collective bargaining regime is concerned with three categories of rules: A. Statutory rules re: union formation, bargaining, and
conflict. B. Collective bargaining rules. C. Judge-made rules based in common law torts that apply within the CBR (specifically in relation to
picketing and strikes).
5. Why is the employment contract characterized by a power imbalance? How does this affect the law
of work?: Due to ditterent levels of dependence, subordination and unequal
levels of bargaining powers attorded through market mechanisms and the law. Heavily influenced by master/ servant laws. Labor needs
,income from the employer more than the employer needs that individual worker. Depending on the
, economy, it may be quite diflcult for an employee to walk away if they are not happy with the terms of employment. Employers are able to
unilaterally fix terms of employment.
6. What are some of the criteria for determining whether someone is an em- ployee?: Company sets
working hours
Company owns tools
Company controls how work is done and supervises
Customers/clients are company's
Works exclusively for company
Work performed at company
premises No personal assets in
business
Must perform assigned tasks themselves
Regular employee deductions made
Company sets price of goods/services sold
Contract defining the worker as employee
7. What is a Control Test: The right to give orders and instructions to the employee regarding the manner
in which they carry out their work.
8. What is a Fourfold Test: 1. Control 2. Ownership of tools 3. Chance of profit 4. Risk of loss
9. What is organization test?: Determines if work is integral or related to employer's business.
10. What is employment?: Selling labor power for value under a contract.
11. What is a contract?: Legally binding agreement between parties.
12. What is an employment contract?: Binding agreement between employer and employee.
13. What does an employment contract define?: Conditions of employment.
14. What is a binding precedent?: Decision made by higher court.
15. What is common law?: Judge-made rules based on past precedents.
16. What is breach of contract?: Violation of legally binding terms of a contract.
17. What does it mean to distinguish a case?: Point out ditterences between cases.
18. What is a precedent?: Previous case with similar facts and legal issues.
19. What is stare decisis?: Standing by a previous decision.
