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Employment Law
Legal rules between employee & employer
Common Law
Judge-made law
Statuary Law
Passed by governments
Employment Contracts
Written/Verbal Agreements
Collective Agreements
Unionized workplaces between employer and union
Policies
Employer-made rules
Reasonable Notice
Notice before firing or resigning
Wrongful Dismissal
Ability to sue if fired for invalid reason
Employment Standards Act
Floor of Rights (minimum wages, OT, vacation)
Charter of Human Rights & Freedoms
Citizens have civil and political rights
Civil Rights
Basic rights of human beings treated fairly in society
Political Rights
Participate in a governed society, influencing political decisions
Occupational Health & Safety
Prevents Workplace Injury
3 Fundamental Rights
Right to know
Right to participate
Right to refuse
Risk =
Probability x Consequence x Exposure
5 Meredith Principles
No Fault Compensation
Security of Benefits
Collective Liability
Independent Administration
Exclusive Jurisdiction
Direct Discrimination
Intentional and illegal (No black people)
Indirect Discrimination
Rules seem normal but are unjust (Employee must be 6ft)
Bona Fide Occupational Requirements
A rule that’s discriminatory but is legal since its needed for the job
Meiorin Test
Rationally connected to the job
Good faith
Reasonably necessary with no reasonable accommodation