IDRL320 Study Guide UPDATED ACTUAL QUESTIONS AND CORRECT
ANSWERS
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.
What are the two types of common law relevant to work Contract law: addressing violations, interpretation or administration of implied and
law? 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.
What is the difference between employment and self- Self-employment: Freelancers, independent contractors, owns own organization.
employment, and what are the tests the law applies to Assumed to not need protection in the way employees are afforded through
determine each? 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.
, What are the three work law regimes, and why did they The regimes are distinct because each is concerned with specific legal rules;
emerge as distinct areas? 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).
Why is the employment contract characterized by a Due to different levels of dependence, subordination and unequal levels of
power imbalance? How does this affect the law of work? bargaining powers afforded 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 difficult 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.
What are some of the criteria for determining whether Company sets working hours
someone is an employee? 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
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.
What is a Fourfold Test 1. Control 2. Ownership of tools 3. Chance of profit 4. Risk of loss
What is organization test? Determines if work is integral or related to employer's business.
What is employment? Selling labor power for value under a contract.
What is a contract? Legally binding agreement between parties.
What is an employment contract? Binding agreement between employer and employee.
What does an employment contract define? Conditions of employment.
What is a binding precedent? Decision made by higher court.
What is common law? Judge-made rules based on past precedents.
What is breach of contract? Violation of legally binding terms of a contract.
ANSWERS
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.
What are the two types of common law relevant to work Contract law: addressing violations, interpretation or administration of implied and
law? 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.
What is the difference between employment and self- Self-employment: Freelancers, independent contractors, owns own organization.
employment, and what are the tests the law applies to Assumed to not need protection in the way employees are afforded through
determine each? 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.
, What are the three work law regimes, and why did they The regimes are distinct because each is concerned with specific legal rules;
emerge as distinct areas? 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).
Why is the employment contract characterized by a Due to different levels of dependence, subordination and unequal levels of
power imbalance? How does this affect the law of work? bargaining powers afforded 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 difficult 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.
What are some of the criteria for determining whether Company sets working hours
someone is an employee? 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
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.
What is a Fourfold Test 1. Control 2. Ownership of tools 3. Chance of profit 4. Risk of loss
What is organization test? Determines if work is integral or related to employer's business.
What is employment? Selling labor power for value under a contract.
What is a contract? Legally binding agreement between parties.
What is an employment contract? Binding agreement between employer and employee.
What does an employment contract define? Conditions of employment.
What is a binding precedent? Decision made by higher court.
What is common law? Judge-made rules based on past precedents.
What is breach of contract? Violation of legally binding terms of a contract.
