Chapter 2 Flashcards
(148 cards)
1
Q
In Canada, a survey of 451 HR professionals indicated that the most critical piece of knowledge required in an HR role was what?
A
Business acumen followed by employment law, legislative awareness, and talent management
2
Q
True or false: HR professionals are expected to provide guidance, training, programs, and policy developments that are legally
defensible
A
True
3
Q
True or false: actions of supervisors and managers as agents of the organization must also abide by legislated rules and regulations
A
True
4
Q
Why must awareness of employment law within the organization extend beyond the HR team
A
Due to the risk of expensive lawsuits and their impact on employer branding or reputation
5
Q
There is a mutual expectation of each party to maintain the employment relationship by fulfilling their own responsibilities within the relationship. Give an example of this statement
A
Informal expectation from employee POV: as long as they attend work for the scheduled number of hours, they can expect job security and continued employment from the employer
6
Q
What is the issue with informal and personalized expectations?
A
Difficult to manage and correct if one party feels that the other has violated the expectations within the mutual relationship
7
Q
What is the result of the issues created by informal and personalized expectations in the workplace?
A
Influence and impact of formal expectations (largely established through legislation and the interpretation of it) play a significant
role in the Canadian workplace
8
Q
What is the primary objective of most employment legislation in Canada?
A
Prevent employers from exploiting paid workers, assuming an implicit power imbalance exists in the employment relationship (in favour of employer)
9
Q
While employers have a right to modify employee work terms and arrangements according to legitimate business needs, employees have a right to….
A
Be protected from harmful business practices
10
Q
How does the government fulfill its role in balancing employee and employer’s needs? Figure 2.1
A
Through the development and maintenance of employment legislation
11
Q
True or false: Large focus on legislation protecting employees, but legislation also protects employers
A
True: the judicial system provides a forum for interpreting legislation according to the precedents that past judicial rulings have established
12
Q
What does “How the legislation is interpreted can influence
formal and informal expectations in the Canadian workplace” mean
A
Government sets legislation
Previous interpretations of the laws impact how the laws get interpreted in the future. A.k.a precedent
13
Q
What is precedent?
A
The decision or interpretation
of a court of another jurisdiction or similar case can act as a persuasive authority regarding how legislation is to be interpreted and applied in other jurisdictions or cases.
14
Q
What is the broadest level of guaranteed protection for all persons residing in Canada?
A
Constitutional law, particularly the Charter of Rights and Freedoms
15
Q
The regulations set forth in the Charter are not employment
specific, but all employers must abide by them because…
A
They are fundamental, guaranteed rights to all persons residing in Canada
16
Q
What do the Federal, provincial, and territorial human rights legislation ensure?
A
That the rights of every Canadian are protected and that all persons are treated with equality and respect
17
Q
How do the Human Rights Codes have a significant impact on the workplace?
A
Discrimination based on protected grounds (outlined in the legislation)
is prohibited in both: employment relationships & delivery of goods and
services. Human rights codes extend beyond the employment relationship and impact work practices
18
Q
What type of employment-specific legislation must employers and employees in Canada follow?
A
Employers and employees in Canada must follow provincial or territorial employment or labour standards acts, which vary slightly by jurisdiction
19
Q
What are some of the employment-related standards that are legislated in all Canadian jurisdictions?
A
Vacations, statutory holidays, and minimum wage standards are legislated in all Canadian jurisdictions, but entitlements vary by province or territory.
20
Q
Why must companies with employees in multiple provinces or territories monitor HR legislation?
A
To ensure HR policies and practices comply with local laws, as legislation can vary between provinces or territories.
21
Q
What is a potential challenge of maintaining HR policies across multiple Canadian jurisdictions?
A
A policy or practice might be legal in one jurisdiction but illegal in another, complicating compliance across different provinces or territories.
22
Q
What areas of HR management are specifically regulated by ordinary laws in Canada?
A
Occupational health and safety, union relations, pensions, and compensation
23
Q
What does contract law govern in employment relationships?
A
Collective agreements and individual employment contracts, setting specific requirements for management and employee policies and practices
24
Q
What is a collective bargaining agreement?
A
Legally binding contract regarding the terms and conditions of employment that both employees and employers must follow
25
When are individual employment contracts typically signed?
They are often signed before the start of the employment relationship and serve as legal agreements between the employer and employee
26
What is the main focus of human rights legislation in the workplace?
It focuses on preventing discriminatory acts by employers, even if they are unintentional
27
How is human rights legislation typically enforced?
It is reactive, meaning it is complaint-driven and responds to reported instances of discrimination.
28
What is the Charter of Rights and Freedoms?
Federal law enacted in 1982
that guarantees fundamental
freedoms to all Canadians
29
What is the cornerstone of Canada’s human rights legislation?
The Constitution Act of 1982, which contains the Charter of Rights and Freedoms.
30
To whom does the Charter of Rights and Freedoms apply?
It applies to all levels of government (federal, provincial, territorial, and municipal) and agencies under their jurisdiction.
31
What is the significance of the Charter of Rights and Freedoms in relation to other laws?
The Charter takes precedence over all other laws, meaning all legislation must meet its standards.
32
What are the two notable exceptions to the Charter's precedence over other laws?
First, practices may infringe on Charter rights if they can be demonstrably justified as reasonable limits in a free and democratic society. Second, the "notwithstanding" provision allows a legislative body to exempt laws from being challenged under the Charter.
33
What are some of the fundamental rights and freedoms guaranteed by the Charter?
1. Freedom of conscience and religion
2. Freedom of thought and expression
3. Freedom of peaceful assembly
4. Freedom of association.
34
What additional rights does the Charter provide to Canadians?
It includes multicultural heritage rights, First Nations' rights, minority language education rights, equality rights, the right to live and work anywhere in Canada, the right to due process in criminal proceedings, and the right to democracy.
35
What are equality rights?
Found in section 15 of the Charter of Rights and Freedoms, which guarantees the right to equal protection and benefit of the law without discrimination
36
What is discrimination?
As used in the context of human rights in employment, a distinction, exclusion, or preference based on any of the prohibited grounds that
has the effect of nullifying or impairing the right of a person
to full and equal recognition and exercise of their human rights and freedoms.
37
Which forms of discrimination are explicitly prohibited under Section 15 of the Charter?
Discrimination based on race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability is prohibited.
38
What is Human Rights Legislation?
Jurisdiction-specific legislation that prohibits intentional and unintentional discrimination in employment situations and in the delivery of goods and services.
39
Who is protected by human rights legislation in Canada?
Every person residing in Canada
40
What is the scope of human rights legislation in relation to employment contracts?
Human rights legislation supersedes the terms of any employment contract or collective agreement.
41
Why must supervisors and managers be familiar with human rights legislation?
They need to understand their legal obligations and responsibilities, as the legislation affects almost all aspects of human resources management.
42
How is employment-related law divided across Canada?
Responsibility for employment law resides with provinces and territories, except for federal civil service employees, Crown corporations, and businesses in transportation, banking, and communications, which are federally regulated.
43
What percentage of Canadians are covered by provincial/territorial versus federal employment legislation?
Ninety percent are covered by provincial and territorial legislation, while 10 percent are covered by federal legislation.
44
What grounds of discrimination are prohibited by human rights legislation in all jurisdictions?
Discrimination based on race, colour, religion, nationality, sex, marital status, age, disability, and sexual orientation is prohibited in all jurisdictions.
45
What additional grounds of discrimination are prohibited in some, but not all, Canadian jurisdictions?
Political beliefs, previous criminal convictions, social conditions, and other grounds are prohibited in some jurisdictions.
46
What employment-related issues are implied protections under human rights acts, even if not explicitly mentioned?
Protections against sexual harassment, gender-based pay inequities, and association with protected groups are implied under human rights acts.
47
What does it generally mean when someone is accused of discrimination?
It means the person is perceived to be acting in an unfair or prejudiced manner based on prohibited grounds for discrimination.
48
How does recent research define employment discrimination?
Employment discrimination is seen as intergroup biases based on social group memberships, which shape how individuals define themselves versus others.
49
What is the relationship between social identity and discrimination?
Social identity, or the concept of "self versus others," can lead to prejudice or stereotypes, which may manifest as acts of discrimination
50
Since 2000, what has most employment discrimination research focused on?
It has focused on the concept of social identity as a key factor in understanding discrimination.
51
What does the law prohibit regarding discrimination?
Making choices based on perceived but inaccurate differences that harm specific individuals or groups.
52
What does it mean if someone feels they have been discriminated against?
It means they believe they were treated unfairly based on one of the protected grounds in their jurisdiction, whether intentionally or unintentionally
53
What would be an example of a violation of human rights laws in the workplace?
Discriminating against an employee based on their ethnicity, race, or gender would be a violation since these are protected grounds.
54
What kind of discrimination falls outside the scope of human rights legislation?
Discrimination based on something like wearing a purple top to work would not violate human rights laws, as it is not a protected ground.
55
Do standards related to discrimination remain constant over time?
No, standards pertaining to discrimination change over time.
56
Is intentional discrimination allowed in employment?
Except in specific circumstances, intentional discrimination is prohibited.
57
What are some examples of direct intentional discrimination by an employer?
Deliberately refusing to hire, train, or promote an individual based on prohibited grounds is an example of direct intentional discrimination.
58
Is deliberate discrimination always overt?
No, overt discrimination is rare today, but subtle, indirect discrimination can still occur and is harder to prove.
59
What makes subtle discrimination difficult to identify?
In cases like a 60-year-old applicant being rejected for a job, it may be hard to determine if the decision was based on a better-qualified candidate or if age discrimination occurred.
60
What is differential or unequal treatment?
Treating an individual
differently in any aspect
of terms and conditions of
employment based on any of
the prohibited grounds.
61
What form of intentional discrimination is prohibited regarding treatment of individuals?
Employers cannot engage in differential or unequal treatment based on any of the prohibited grounds.
62
Can an employer treat individuals differently in terms and conditions of employment?
No, individuals or groups must not be treated differently based on prohibited grounds.
63
What is an example of illegal differential treatment in hiring practices?
It is illegal for an employer to request that only female applicants demonstrate their lifting skills for a factory job.
64
Is it permissible for an employer to require only certain candidates to undergo pre-employment medical exams?
No, unless all applicants are being asked to do so, it is illegal to insist that specific candidates, such as those with physical disabilities, undergo exams.
65
Can an employer indirectly engage in intentional discrimination?
No, employers cannot ask another party to discriminate on their behalf.
66
What is an example of indirect intentional discrimination by an employer?
An employer cannot instruct an employment agency to refer only male candidates for management trainee positions or exclude racial minorities from promotions.
67
What is unintentional/constructive/
systemic discrimination
Discrimination that is
embedded in policies and
practices that appear neutral
on the surface and are
implemented impartially
but have an adverse impact
on specific groups of people
for reasons that are not job
related or required for the safe
and efficient operation of the
business.
68
What is bona fide occupational
requirement (BFOR)?
A justifiable reason for
discrimination based on
business necessity (i.e.,
required for the safe and
efficient operation of the
organization) or a requirement
that can be clearly defended
as intrinsically required by the
tasks an employee is expected
to perform.
69
What is an example of BFOR?
a person who is blind cannot be employed as a truck driver or bus driver
70
What does BFOR stand for in the context of human rights protection?
BFOR stands for bona fide occupational requirements, which are necessary qualifications that may lead to discrimination but are believed to be fundamentally related to job performance.
71
Can you give an example of an obvious BFOR?
Vision is a requirement for jobs like pilots or truck drivers, where specific abilities are essential for job performance.
72
How are bona fide occupational qualifications (BFOQ) and bona fide occupational requirements (BFOR) used?
They are often used interchangeably to refer to necessary job-related qualifications that may result in discrimination.
73
What three criteria were established by the Meiorin case to assess if discrimination qualifies as a BFOR?
Rationale: Was the policy based on a legitimate, work-related purpose?
Good Faith: Did decision-makers honestly believe the requirement was necessary for the role?
Reasonable Necessity: Was it impossible to accommodate those discriminated against without causing undue hardship to the employer?
74
What happens when the occupational requirement is less obvious in terms of BFOR?
The onus of proof shifts to the employer to justify the BFOR.
75
What is reasonable accommodation?
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.
76
What is the purpose of reasonable accommodation in the workplace?
It ensures that no individual is prevented from doing their job due to discrimination and promotes equal access by removing physical, attitudinal, and systemic barriers.
77
How should accommodations be provided to respect the dignity of the person?
Accommodations should respect privacy, confidentiality, autonomy, individuality, and self-esteem.
78
How should employers address accommodation requests?
Each person’s needs must be considered independently when an accommodation request is made, as everyone's situation is unique.
79
What is the fundamental right of persons with disabilities regarding workplace accommodation?
They have the right to integration and full participation, with barriers removed up to the point of undue hardship for the employer.
80
What is "social handicapping" in the context of workplace inclusion?
It refers to societal attitudes and actions that create non-inclusive thinking toward people with few or no limitations.
81
Who holds the primary responsibility for removing workplace barriers?
The employer is primarily responsible for removing physical, attitudinal, and systemic barriers.
82
What must a company demonstrate if discrimination exists?
The company must demonstrate individualized attempts to accommodate the employee to the point of undue hardship.
83
What test is used to determine if a company has reached the point of undue hardship in accommodation?
The Meiorin test is used to establish if the company has reached the point of undue hardship.
84
What responsibilities do employees have in the accommodation process?
Employees must seek accommodation, cooperate in the process, exchange relevant information, and explore solutions with the employer.
85
Can accommodations often be made easily and at minimal cost? Give examples.
Yes, accommodations can include increased flexibility in work hours, providing reading materials in accessible formats, installing automatic doors, or job restructuring.
86
What does it mean to accommodate to the point of undue hardship?
It means that the financial cost or health and safety risks to the individual or others would make the accommodation too difficult for the employer.
87
What happens if an employer fails to make reasonable efforts to accommodate?
Failure to make reasonable efforts is a violation of human rights legislation in all Canadian jurisdictions.
88
What options does an employer have if multiple accommodation solutions are available?
Employers can choose the less expensive or less disruptive option, provided it maintains dignity and meets the individual’s needs.
89
What clarification has the Supreme Court of Canada provided on the duty to accommodate?
The duty to accommodate does not require employers to alter the essence of the employment contract, where the employee must perform work in exchange for remuneration.
90
What happens if an employee remains unable to work despite the employer's accommodation efforts?
The employer will have satisfied the test of undue hardship if the employee cannot work for the foreseeable future, even after accommodation attempts.
91
What is undue hardship?
The point to which employers
are expected to accommodate
employees under human rights
legislative requirements.
92
What was the significance of the 1982 sexual harassment case initiated by two waitresses?
It marked the beginning of a historic battle to recognize sexual harassment as a form of sex discrimination, which led to a Supreme Court ruling that employers are responsible for their employees' actions regarding harassment.
93
How do jurisdictions today address harassment?
Some explicitly prohibit harassment, while others imply that it is prohibited on all prescribed grounds.
94
What is meant by the intersectionality of harassment?
Intersectionality refers to victims being harassed based on more than one protected ground, such as minority women facing harassment based on both sex and race.
95
What type of intentional harassment is gaining increased attention in the workplace?
Bullying, which involves repeated, deliberate negative behavior that undermines a person's self-image, is receiving increasing attention as a form of psychological harassment.
96
How does psychological harassment like bullying compare to physical violence in the workplace?
Psychological harassment, such as bullying, is more prevalent and pervasive in workplaces than physical violence.
97
Give examples of harassment
Harassment includes (but is not limited to):
- Physical or verbal attempts to humiliate or offend a person.
- Attempts to threaten or intimidate a person.
- Making what “ought to be known” as unwelcoming remarks or jokes about a person’s
demographics (e.g., race, religion, sex, age, disability).
- Making unnecessary physical contact with a person (e.g., touching, patting, pinching)
98
What is the government's role in the workplace?
The government balances employee and employer needs through the development and maintenance of employment legislation.
99
What rights do employers have regarding work terms and arrangements?
Employers have the right to modify employee work terms and arrangements according to legitimate business needs.
100
What rights do employees have in the workplace?
Employees have the right to be protected from harmful business practices.
101
What are examples of systemic discrimination?
- Minimum height and weight requirements, which screen out disproportionate numbers of women and people from Asia, who tend to be shorter in stature.
- Internal hiring policies or word-of-mouth hiring in workplaces that have
not embraced diversity.
- Limited accessibility to company premises, which poses a barrier to
persons with mobility limitations.
-Culturally biased or non-job-related employment tests, which discriminate against specific groups.
- Job evaluation systems that are not gender neutral; that is, they under-value traditional female-dominated jobs.
- Promotions based exclusively on seniority or experience in firms that
have a history of being white-male dominated.
- Lack of a harassment policy or guidelines, or an organizational climate in which certain groups feel unwelcome and uncomfortable.
102
What is harassment?
Unwelcome behaviour that
demeans, humiliates, or
embarrasses a person and
that a reasonable person
should have known would be
unwelcome.
103
What responsibility do employers have regarding harassment in the workplace?
Employers are responsible for protecting employees from harassment as part of their duty to provide a safe and healthy working environment.
104
What can happen if an employer is aware or should have been aware of harassment?
Employers can be charged along with the alleged harasser if harassment is occurring and they are aware or ought to have been aware.
105
Are employers responsible for harassment by clients or customers?
Yes, once harassment by clients or customers is reported, employers are responsible for addressing it.
106
What was the outcome of the Ontario case involving Bell Mobility and workplace harassment?
Bell Mobility was ordered to pay an employee more than $500,000 after a supervisor assaulted her, causing post-traumatic stress disorder. The company was found vicariously liable and in breach of its duty to provide a safe and harassment-free environment.
107
What is sexual harassment?
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.
108
What is 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.
109
What are the two categories of sexual harassment?
Sexual harassment is divided into sexual coercion and sexual annoyance.
110
What happens if a worker refuses or agrees to sexual coercion?
If a worker agrees to the request, tangible job benefits follow. If they refuse, job benefits may be denied or taken away.
111
What was the significance of the 2017 case regarding a single incident of sexual harassment?
The case indicated that a single incident does not meet the threshold for sexual harassment if there is no adverse impact on the worker, no continuation of harassment, and no power dynamics that could affect the worker’s job success.
112
What is sexual annoyance?
Sexually related conduct that
is hostile, intimidating, or
offensive to the employee but
has no direct link to tangible
job benefits or loss thereof
113
What impact does sexual annoyance have on an employee?
It creates a poisoned work environment where the employee feels the hostile or offensive behaviour is a condition of employment.
114
What did the Alberta court case involving a male employee’s dismissal for sexual annoyance reveal?
The court upheld the dismissal of a male employee who used profane language, engaged in sexually infused conversations, and displayed pornographic and violent images, rejecting his claim that he was misunderstood and untrained.
115
How did the court rule in the case of the male employee who claimed misunderstanding?
The court ruled against the employee, noting the company had provided diversity training, implemented an anti-harassment policy, and made efforts to recruit women into trade positions.
116
What is the purpose of employment equity initiatives under the Charter of Rights and Freedoms?
Employment equity initiatives are proactive programs developed by employers to remedy past discrimination or prevent future discrimination, going beyond human rights laws.
117
Who are the four designated groups protected under employment equity programs?
The four designated groups are women, Indigenous Peoples, persons with disabilities, and visible minorities.
118
What is the focus of legislation promoting equity for the four designated groups?
The focus is on promoting accommodations for workplace differences, correcting employment disadvantages, and encouraging barrier-free work conditions.
119
To whom does the Employment Equity Act apply?
It applies to federally regulated industries, Crown corporations, federal organizations with more than 100 employees, and specific organizations like the Royal Canadian Mounted Police.
120
What does the Legislated Employment Equity Program require from federally regulated private sector employers?
It requires them to annually report on the representation of the four designated groups and steps taken to achieve full representation.
121
What does the Federal Contractors Program mandate for contractors?
Contractors with 100 or more employees who secure contracts of $1 million or more with the Government of Canada must implement employment equity programs.
122
What is an employment equity program?
A detailed plan designed to identify and correct existing discrimination, redress past discrimination, and achieve a balanced representation
of members of the four designated groups in the organization.
123
What is the main goal of an employment equity program?
The main goal is to achieve balanced representation of members of the four designated groups within an organization.
124
Why is implementing an employment equity program a major management exercise?
It requires existing employees to adapt to working with individuals from diverse backgrounds, cultures, and religions, which can significantly change the work environment.
125
What is the first step in implementing an employment equity program?
The first step is obtaining senior management's commitment and support.
126
After demonstrating management’s commitment, what follows in an employment equity program?
Data collection and analysis of the current workforce demographics is conducted, followed by an employment systems review, plan development, and implementation.
127
What are the final steps of the employment equity program?
The final steps include monitoring, evaluating, and revising the plan.
128
What challenges might arise when implementing diversity initiatives?
Challenges include resistance to change, overcoming stereotyped beliefs or prejudices, and addressing employee resentment.
129
Why should diversity initiatives be undertaken systematically?
Because they involve a complex change process that requires careful management to ensure success.
130
What are employment (labour) standards legislation (ESA/LSA)?
Laws present in every Canadian jurisdiction that establish minimum employee entitlements and set a limit
on the maximum number of hours of work permitted per day or week
131
What is the intent of employment or labour standards acts (ESA/LSA) in Canada?
The intent is to establish minimum terms and conditions for workplaces regarding wages, paid holidays, vacations, leaves, termination notice, overtime pay, and maximum working hours.
132
Can employer and employee agreements fall below the minimum standards established by ESA/LSA?
No, neither party can opt out of or waive the rights established in ESA/LSA, even if both consent to lower standards.
133
What are some areas covered by employment or labour standards legislation?
Areas include wages, paid holidays, vacations, maternity/parental leave, bereavement leave, compassionate care leave, termination notice, and overtime pay.
134
Can employment agreements exceed the minimum standards set by ESA/LSA?
Yes, agreements can exceed the minimums through employment contracts, collective bargaining agreements, or common law.
135
Give an example of a situation where employment terms can exceed ESA/LSA minimums
If ESA/LSA establishes a minimum vacation rate of 4% of pay, an employer can agree to 5% vacation pay without violating the act.
136
What is required for work exceeding the maximum hours set by ESA/LSA?
Overtime pay is required for any work that exceeds the maximum number of hours permitted per day or week.
137
What principle is applied if there is a conflict between the applicable ESA/LSA and another contract?
The principle of greater benefit is applied, ensuring that the employee receives the greater benefit from either the contract or ESA/LSA.
138
How does the principle of greater benefit apply in the case of layoff notice?
If an employment policy provides more layoff notice than the ESA/LSA minimum, the employee receives the greater benefit. For example, if the policy provides one month of notice per year of work, and ESA/LSA provides one week per year, the employee will receive the greater notice period.
139
Are ESAs/LSAs totally inclusive in covering all types of employment?
No, ESAs/LSAs often exclude certain workers such as students on work exchange programs, inmates on work projects, police officers, independent contractors, and others.
140
How do specific occupations affect the applicability of certain ESA/LSA sections?
Occupations such as doctors, lawyers, managers, architects, and certain types of salespersons may have modified regulations under ESAs/LSAs, adjusting the applicability of specific sections.
141
Can employees like managers or lawyers be excluded from certain ESA/LSA protections?
Yes, certain sections of the ESA/LSA may not apply to specific occupations like managers, lawyers, and architects due to modified regulations.
142
How is the enforcement of ESAs/LSAs governed?
Enforcement of ESAs/LSAs is governed by federal, provincial, or territorial employment standards acts, and is complaint-based. Violators can be fined after a formal written or electronic complaint is filed with the appropriate authority, such as the Ministry of Labour.
143
Who can file a complaint under ESAs/LSAs?
A person, union, or corporation can file a complaint with the Ministry of Labour for violations of ESAs/LSAs, which help regulate employment relationships between employees and employers.
144
What happens when an employee files a complaint with the Ministry of Labour under ESAs/LSAs?
Employees must give up their right to sue the employer in civil court once a claim is filed with the Ministry of Labour, preventing dual proceedings on the same issue.
145
Are there limitation periods for filing complaints under ESAs/LSAs?
Yes, there are strict limitation periods that set the maximum amount of time that can elapse between the violation and the filing of a complaint. These limits vary based on the type of violation, such as unpaid wages or vacation pay.
146
Is there a maximum claim limit for unpaid wages under ESAs/LSAs?
Yes, ESAs/LSAs often have a general maximum claim limit for unpaid wages. For example, under the Ontario ESA, the maximum claim limit is $10,000 for unpaid wages.
147
What types of compensation can employees be awarded under ESAs/LSAs?
Employees can be awarded compensation for actual unpaid wages, direct earnings losses, time and expenses required to find a new job, benefit plan entitlements, severance pay, pension entitlements, and loss of "reasonable expectation" of continued employment.
148
Why is enforcement of employment standards legislation challenging for some organizations in Canada?
Enforcement can be challenging because many organizations operate in multiple jurisdictions, making them subject to varying human rights and employment standards legislation rules across different regions.
