chapter 2 Flashcards
(20 cards)
What is the purpose of the HR legal framework?
To balance employer and employee rights—employers can modify work terms for business needs, while employees are protected from harmful practices.
What are the two systems of employment law in Canada?
- Federal Law – Covers about 10% of workers (e.g., CRA, banks, airlines). 2. Provincial Law – Covers about 90% of workers.
What is the hierarchy of employment legislation in Canada?
- Canadian Charter of Rights and Freedoms – Basic rights. 2. Human Rights Legislation – Protects from discrimination. 3. Employment Standards Legislation – Minimum work conditions. 4. Ordinary Laws – Labor relation laws (for unions). 5. Collective Bargaining Agreements – Union-specific rules. 6. Individual Employment Contracts – Employee-specific agreements.
What is a tort?
A wrongful act or injury that causes physical, emotional, or financial harm.
What are the types of torts?
- Intentional Torts – Done on purpose. 2. Unintentional Torts – Accidental but still harmful.
What is stare decisis?
A legal principle meaning ‘let the decision stand’—courts follow past rulings to ensure consistency.
What does the Canadian Charter of Rights and Freedoms protect?
- Freedom of conscience & religion 2. Freedom of thought, belief, expression & opinion 3. Freedom of peaceful assembly 4. Freedom of association 5. Section 15 – Equality Rights (equal protection under the law).
What is discrimination?
A distinction, exclusion, or preference based on a prohibited ground that impairs a person’s rights.
What are the four types of discrimination?
- Illegal but Bona Fide – Discrimination with a valid reason (e.g., Catholic priests must be Catholic). 2. Legal and Strategic – Preferred qualification (e.g., degree over diploma). 3. Legal but Unjustified – No valid reason (e.g., not hiring someone with a tattoo). 4. Illegal and Unjustified – No reason and discriminatory (e.g., hiring men over women).
What is Bona Fide Occupational Requirement (BFOR)?
A valid legal reason to discriminate, based on business necessity (e.g., taxi drivers must have good eyesight).
What is Reasonable Accommodation?
Adjusting policies/practices to prevent discrimination—only required until it causes undue hardship.
What is Harassment?
Unwelcome behavior that demeans, humiliates, or embarrasses someone and a reasonable person would know is unwelcome.
What is Workplace Bullying and Harassment?
Behavior that intimidates or humiliates, such as: Verbal aggression, Sabotaging work, Spreading rumors, Cyberbullying.
What is NOT Workplace Bullying and Harassment?
Expressing different opinions, Offering constructive feedback, Disciplinary actions or job evaluations.
What does an employer MUST do to prevent harassment?
- Have a clear harassment policy. 2. Communicate it to all employees. 3. Enforce it fairly and consistently. 4. Ensure a harassment-free workplace.
What is the Employment Standards Act (ESA)?
Federal/provincial legislation that sets minimum employment terms, including: Minimum wage, Overtime pay, Sick leave, Maternity leave, Termination notice.
What does Labour Relations Legislation cover?
Only for union workers (35% of workforce)—protects: Collective bargaining rights, Right to strike, picket, organize, Prevents employer influence on union choices.
What is electronic surveillance in the workplace?
Allowed only if justified—employers must have a clear written policy that is regularly updated.
What are common workplace inequalities?
Women: Underrepresented in leadership roles. Aboriginals: Low-skill, low-pay jobs. People with disabilities: Underrepresented, lower pay. Visible minorities: Underemployed.
