page 69

registered liens.

•lien rights cannot be waived in contracts.

•Trust funds can also be set up for fixed sum payments. These cannot be used until the subject of the trust has been paid.

•Engineers can also make lien claims [Application of Erickson/Massey] [Englewood Plumbing & Gas Fitting Ltd. v. Northgate Development Ltd. et. al.] [Armbro Materials and Construction Ltd. v. 230056 Investments Limited et. al.]

3.7.2 EMPLOYMENT

•Basically defined by the Employment Standards Act,

-Wage means compensation is calculated per hour

-Salary means compensation is calculated per week/month

•There are two basic types of employee status,

-independent contractor - can be terminated anytime as in contract

-employee - requires notice, or compensation in lieu

•If employment ends there are four possible categories,

-quits - no notice/compensation required

-lawful dismissal - a notice is required, or compensation to cover the notice period

-wrongful dismissal - an employee is terminated for unjust reasons or without adequate notice. compensation or reinstatement may be sought in civil law.

-instructive dismissal - an employee is told to quit, or else be dismissed. compensation or reinstatement may be sought in civil law.

•When dismissing an employee a minimum of two weeks notice is required. Generally, if the employee has worked for more than 4 months, then 1 months notice are required for each year worked.

•Severance pay - Some employers will ask an employee to leave immediately, and not give notice. They are obliged to pay them the wages that they would have normally earned while working on notice.

•Reasons for wrongful dismissal include,

-drunk every day

-insubordination

-theft

-tardiness

-incompetence