Chapter Who is the employer under the Labour Relations Act, ? | avesisland.info
An exploration of the professional contractual (non-employment) tripartite .. Conditional and transitional employment relationship associated with part-time . Labour relations in Zimbabwe rally around the tripartite arrangement between the state, the employers and the employees. State involvement in. In Kenya, the organization of workers and employees for industrial relations The ILO is a tripartite body whose primary duty is to set international labour.
In temporary help agency cases, the OLRB most often looks to determine who the true employer is On two occasions involving temporary help agencies, the OLRB used a true employer analysis and concluded that it was too difficult or unclear to determine the true employer or, for that matter, whether there even is a single true employer at all, or that it was not necessary to make a finding because section 1 4 was available.
Metro Municipal Recycling Services Inc. As indicated above, the significance of these jurisprudential approaches and the source of the controversy lay in their application to two business models that are important commercial realities in the modern workplace, namely, temporary help agencies and franchising.
Both business models have grown significantly and both have an impact on vulnerable workers in precarious jobs. Temporary help agencies have become ubiquitous in Ontario. Please see the discussion on temporary help agencies in Chapter 7 which is also relevant here. Franchising has grown throughout the economy but its growth in sectors where there are many vulnerable employees in precarious work, such as fast food, restaurants and retailing, has lead the NLRB to consider whether the franchisor should be treated as an employer with the franchisee for purposes of collective bargaining.
Similarly, in the case of temporary help agencies, the issue of liability for breaches of the ESA is a major issue, which we deal with in Chapter 7. The decision was clearly one aimed at the temporary help industry even though the particular facts may not necessarily have been typical. The case is proceeding to review in the courts. With respect to franchising, there is ongoing U.
The Elements of the Tripartite Relationship : Labour Relations SAMPLE
We have considered the desirability of adopting a new and different test for the determination of joint employerswhich would be incorporated into the LRAincluding the new test set out by a majority of the NLRB in the BFI case.
We have determined that it is likely unnecessary and unwise to adopt a sweeping new legislative test, which would be extremely controversial and which may be unclear in its application.
While we have no view on the correctness of the competing opinions expressed in the BFI case, we think the legislative adoption of a new test would be unhelpful and unnecessary in Ontario, at least at this time, and would create controversy and uncertainty. The uncertainty over how sweeping the test would be in its application is heightened by the uncertainty over whether the test will be accepted in the United States and how it will be interpreted by the courts there.
That uncertainty, in turn, is compounded by the uncertainty over whether a reconstituted NLRBunder the current new American administration, will take a different view in the future, a likely outcome given the vigorous opposition by the business community there to the new test set out in the BFI case. Instead of changing the test for determining common or joint employers in Ontario for all employers in all industries, in our view, we should concentrate on problem areas and consider whether any legislative changes are required.
In our view, the two pressing problem areas facing vulnerable workers with respect to the identity of the employer, as concerns labour relations, are franchising and temporary help agencies, but the issues and experience in these areas are different and call for different approaches. That section has been used for over thirty years to determine this issue but it has arisen in relatively few cases. In some cases, franchisors will be found on the existing law to be related employers with a franchisee and a declaration will be made, while in others, they will be found not to be related employers or the OLRB will not exercise its discretion, having regard to the labour relations factors at play.
We believe the issue is best left to the OLRB on the particular facts and in whatever labour relations situation presents itself at the time. If the issue does come up with greater frequency in the future and if experience with respect to the collective bargaining of franchisees develops, revealing a gap in the jurisprudence or in the legislation and demonstrating that collective bargaining is not meaningful because of that gap, then legislative changes based on that experience can be contemplated at that time.
We do not agree. Such a rule would fly in the face of both the current law in Ontario and common sense. As the franchising industry has explained many times, the franchising model is used in a wide variety of industries with different franchisors taking varying approaches. Accordingly, no general rule or presumption can be applied, at least not at the present time.
The truly important structural aspect of franchising that needs to be addressed now is not the related employer issue, but the structural weakness in the current legislation, which effectively denies the employees of franchisees in multiple locations the opportunity to bargain collectively in a meaningful fashion. Under the current law, the employees in a franchise operation could be restricted to bargaining in each franchisee location s separately, as there is no legislative consolidation mechanism compelling collective bargaining to take place across the unionised operations of the different franchisees of the same franchisor.
We deal with that issue below. The triangular relationship and the instability and the contingency inherent in that relationship results in some temporary help agency employees being among the most vulnerable and precariously employed of all workers.
Please see the discussion in Chapter 7 on the triangular relationship. For the purposes of that Act, which imposes primary obligations on the agency for payment of wages, vacation, holiday pay etc. That relationship requires protection. Temporary help agencies are ubiquitous, prominent and a growing part of the economy.
In many certification applications in factories, warehousing operations, and other workplaces where such employees exist, uncertainty and litigation regarding the status of these employees is common. A certification application always raises the questions of the level of support the union enjoys and who is eligible to vote. The result is unwarranted delay that can easily adversely impact the application. The maxim, labour relations delayed is labour relations defeated and denied Journal Publishing Co.
Ottawa Newspaper Guild unreported, March 31,Ont. Inthe Supreme Court of Canada commented on the legislative gap in Canadian law as a result of the tripartite relationship: Unfortunately, tribunals and courts must often make decisions by interpreting statutes in which there are gaps.
The case at bar shows that situations involving tripartite relationships can cause problems when it comes to identifying the real employer if the labour legislation is incomplete in this regard. The tripartite relationship does not fit very easily into the classic pattern of bilateral relationships.
The Labour Code was essentially designed for bipartite relationships involving an employee and an employer. Compliance with the Labour Act is financially benefiting to both the employer and employee.
Labour laws preserve the right of the employers to profit and the right of the employees to compensation which can be spent and invested, therefore, labour laws are crucial to the economic growth.
Periods of economic growth reflect healthy businesses with employees who are earning enough to contribute successfully. Under common law, employers are obliged to provide their employees with reasonably safe and healthy working conditions.
Labour laws and industrial relations as catalysts for industrial development and labour welfare
Workplace health and safety procedures are necessary for the well-being of both the employer and employee. Risk Assessment is a careful or a systematic examination of the workplace environment and jobs performed, involving the identification of hazards and assessing the risk and how workers there may possibly be harmed. Occupational health and safety starts with health assessment to determine hazards, evaluation of risk and determination of protective measures that need to be put in place.
The creation of decent employment opportunities whereby employees are to be given training on the use of First Aid, correct use of Personal Protective Equipment PPEsHazard Identification and Risk Assessment is one way and the most effective way to enhance our economy through wealth creation, which is done by growing the economy in a sustainable inclusive manner.
Businesses must take an active approach in educating workers on the importance of practicing safe habits in order to maintain a healthy and safe working environment.
Healthy employees who feel safe and comfortable in their work environment will work more productively than employees who become injured or sick in the workplace. Fewer people may purchase goods or services from the business as a result, and the company may have a more difficult time securing any loans it might need.
Every sent lost in the business has got an impact to the economy of the country. Due to this background, potential and current investors may be reluctant to invest in the economy causing the investment component of the economy to decrease.