(Week 2) Canadian Employment Law: Rights, Legislation, and Workplace Regulations

What right does an employer have regarding employee work terms?

The right to modify employee work terms for legitimate business needs.

What right does an employee have in the workplace?

The right to be protected from harmful business practices.

What is the government's role in employment law?

To balance the needs of the employer and employee.

What are the layers of Canadian Employment Law?

Canadian Charter, Human Rights Legislation, Employment Standards, Ordinary laws, Labour Relations Act, Employment Contracts.

What is the Supreme law of Canada regarding rights?

The Canadian Charter of Rights and Freedoms, which overrides conflicting statutes.

What fundamental freedoms does the Canadian Charter guarantee?

Belief, expression, religion, mobility, etc.

What does Section 15 of the Charter guarantee?

Equality rights, ensuring equal protection and benefit of the law without discrimination.

What is the purpose of Human Rights Legislation in Canada?

To protect individuals from discrimination based on prohibited grounds.

What are some common prohibited grounds in human rights legislation?

Race, colour, religion, sex, marital status.

What is a Bona Fide Occupational Requirement (BFOR)?

A legal way to discriminate only when a job truly requires a specific characteristic.

What does the Employment Equity Act promote?

Equality for designated groups such as Women, Visible Minorities, Persons with Disabilities, and Aboriginal People.

What do Employment Standards Acts cover?

Minimum wage, overtime, statutory holidays, lay-offs, termination notice/pay.

What is intentional discrimination?

Discrimination that is direct, differential, or unequal treatment based on prohibited grounds.

What is unintentional (indirect) discrimination?

Discrimination that occurs when neutral policies unintentionally disadvantage protected groups.

Give an example of unintentional discrimination.

Height/weight limits that disproportionately exclude women or certain ethnicities.

What is reasonable accommodation in employment?

Adjustments to policies/practices so individuals are not disadvantaged based on prohibited grounds.

What are employer responsibilities under Occupational Health & Safety (OHS) laws?

To provide a safe workplace, with penalties for breaches ranging from fines to imprisonment.

What is the difference between Labour Relations and Employee Relations?

Labour Relations pertains to unionized workplaces; Employee Relations pertains to non-unionized workplaces.

What is the significance of the Employment Standards Act in relation to private chains?

Large private chains follow provincial standards, not a federal minimum.