Common Employer Declaration Case Study

A Common Employer Declaration is a situation where board found two or more entities operates under common control and decision. This binds all associated entities as one employer. (COMMON EMPLOYER/SPIN-OFFS, 2003)
Mr. Coalk was hired by UV Systems Technology Inc. As their vice president of sales and Marketing in September 1997. Mr. Coalk entered into contract on February 28, 2000 with UVST and during this period parent company was SSI Ltd. UVST failed to pay entitled commission, expenses and wages. He filed a case for failure of entitled payment under Employment Standard Act. Lower court dismissed the case whereas supreme court overturn lower court judgement by awarding Mr. Coalk $180,000 in missing payment. Court also found that UVST and SSI Ltd. Were common employer so R. Coalk should have signed contract with both parent company SSI Ltd. And parent company UVST (The Common Employer, 2008). I think court made right decision by rewarding Mr.Coalk missing amount.
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As they cannot provide competitive price as giant retailers. customers would go to place where they can save money for same product. It is obvious that with decreasing sales she would not be able to make enough money to run business. I would appreciate her decision where she cares about employees and decide not to lay off any one. As good human force is key to business success.
When she found pamphlet from Retail Employee Union on floor, she would have got scared thinking about union coming to their workplace. Even she knows for fact that with the place becoming unionized it things would be bit out her control like working hours, layoffs, befits, pay scale and many other cost which she would not be able to bear with loss making business, eventually going out of business. And it would be lose-lose situation for