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Who are the three parties involved in balancing employer and employee needs in Canada?
Government, Employer, and Employee.
Governments Role
Balance employee and employer needs through the development and maitnence of employment legislation
Employees role
Right to be protected from harmful business practices
Employers Role
Have a right to modify employee work terms and arrangements according to legitimate business practices
What is the role of precedent in employment law?
Previous interpretations of laws impact future interpretations and applications of those laws.
Define Tort Law.
Primarily judge-based law that provides compensation for losses in civil court; important for HRM due to possible legal breaches by organizations or employees.
Intentional (assault, battery, trespass) and unintentional (negligence)
What are the six factors to determine an employer-employee relationship?
Control, Tools and equipment, Subcontracting, Financial risk, Investment and management, Opportunity for profit.
What fundamental rights does the Canadian Charter of Rights and Freedoms protect?
Freedom of conscience, religion, thought, opinion, peaceful assembly, and association.
What is Human rights legislation?
Jurisdictions specific legislation.
Prohibits intentional and unintentional discrimination in employment situations and in the delivery of goods and services.
Supersedes terms of any employment contract or collective agreement
What is Discrimination in employment?
A distinction or preference based on prohibited grounds that impairs a person's rights to full and equal recognition and exercise of their human rights.
What is a Bona Fide Occupational Requirement (BFOR)?
Justifiable reasons for discrimination based on business necessity, essential for safe and efficient operation of the organization.
Criteria for assessing legality BFOR?
Legitimate work related purpose.
Requirement is necessary for the role.
Causing undue hardship on the employer.
What is the Duty to Accommodate?
The obligation to provide equal access to employment by removing barriers and accommodating needs up to undue hardship.
Reasonable Adjustment
is the adjustment of employment policies and practices that an employer may be expected to make so that no individual is denied benefits, disadvantaged in employment, or prevented from carrying out the essential components of a job because of grounds prohibited in human rights legislation.
May involve scheduling adjustments or workstation redesign.
What is meant by accommodating to the point of undue hardship?
The point to which employers are expected to accommodate employees under human rights legislative requirements.
Financial costs make accommodation impossible.
Health and safety risks to the individual or other employees prevent accommodation
What is the purpose of Human Rights Tribunals?
To provide a speedy process for addressing discrimination claims; employers must investigate and resolve complaints.
Define Harassment in the workplace.
Unwelcome behavior that demeans or humiliates a person, which a reasonable person would recognize as unwelcome.
Sexual coercion
Harassment of a sexual nature that results in some direct consequence to the worker’s employment status or some gain in or loss of tangible job benefits.
Sexual Harassment
Sexual Harassment is offensive or humiliating behaviour that is related to a person’s sex, as well as behaviour of a sexual nature that creates an intimidating, unwelcome, hostile, or offensive work environment or that could reasonably be thought to put sexual conditions on a person’s job or employment opportunities.
Sexual annoyance
Conduct that is hostile, intimidating, or offensive but has no direct link to tangible job benefits
What should harassment policies include?
Commitment to safe and respectful work environment.
Statement harassment is against the law.
Information for victims to identifying harassment.
Employees’ rights and responsibilities.
Employers’ and managers’ responsibilities.
What does Employment Equity aim to address?
To identify and correct discrimination and achieve balanced representation for the four designated groups.
What is the glass ceiling?
An invisible barrier preventing women from advancing in traditionally male occupations.
What is meant by 'Equal pay for equal work' in employment law?
Employers cannot pay male and female employees differently for the same or substantially similar work.
What are the four designated groups in Employment Equity?
Women, Indigenous Peoples, People with Disabilities, and Visible Minorities.
What rights do employees have related to harassment in the workplace?
Employees have the right to a safe work environment free from harassment, which includes clear policies and the duty of employers to investigate claims.
What occurred in the case of Bhinder?
Involved BFOR discrimination based on safety related to wearing a turban in a construction job. Was not reinstated.
What was the significance of the Meiorin case?
Focused on a female firefighter reassessing the legitimacy of a new eye test requirement for job performance, was reinstated.
Theresa Case
Religion to take a day off for religion, reinstated
What does 'unintentional discrimination' refer to?
Systemic discrimination embedded in neutral policies that adversely impacts specific groups.
