2: The Legal Framework

Canada Labour Code

A federal law governing labor standards, including employee rights and employer responsibilities in Canada.

Human Rights Act

A federal law that provides protection against discrimination based on various prohibited grounds such as race, religion, and gender.

Bona Fide Occupational Requirement (BFOR)

A job qualification that may discriminate for legitimate business or safety reasons.

Systemic Discrimination

The exclusion of certain groups from employment opportunities based on employment criteria that are not job-related.

Reasonable Accommodation

Adjustments made to working conditions to prevent discrimination against employees.

Harassment

Any conduct or comment in the workplace that a reasonable person would find objectionable or unwelcome.

Employment Standards Legislation

Laws that establish the minimum obligations and rights of employers towards employees.

Workers' Compensation Board (WCB)

An agency that governs employer responsibilities for providing safe workplaces and compensating employees for job-related injuries or illnesses.

Pay Equity

The principle of equal pay for work of equal value, regardless of the gender of employees.

Diversity

Organizational policies that support and encourage differences among employees to meet business objectives.

Inclusion

The active implementation of diversity initiatives within an organization.

Disciplinary Investigation

A fair process to examine allegations against an employee, ensuring thoroughness and objectivity.

Just Cause for Termination

Valid reasons for ending an employee's employment based on performance or conduct.

Wrongful Dismissal

Termination of employment without just cause or proper legal basis.

Constructive Dismissal

Changing an employee's work conditions to an extent that they feel compelled to resign.

Vicarious Liability

The legal responsibility of an employer for the actions of employees if those actions occur in the course of their employment.

Employee Privacy Rights

The right of employees to have privacy regarding personal information and conduct outside of work.

Contractual Rights

Rights that are derived from employment contracts between the employer and employee.

Statutory Rights

Rights that are established and governed by law.

Job-Protected Leaves

Employee rights to keep their position after taking a leave of absence for reasons like maternity or medical emergencies.

Termination Notice Period

The minimum time required by law to notify an employee of impending termination, which varies based on length of service.

Employer Responsibilities

Duties that employers have to provide fair treatment, safe workplaces, and comply with legislation affecting employee rights.

Management Rights

The authority and responsibilities management holds in overseeing operations and making employment decisions.

Progressive Discipline

A process of applying increasingly severe consequences for repeated failures to comply with workplace standards.

Positive Discipline

A cooperative approach to discipline that emphasizes teaching and involving employees in their own improvement.