Chapter 2 - The Changing Legal Emphasis Compliance and Impact on Canadian Workplaces Flashcards Preview

Human Resources Management Midterm Reviewer > Chapter 2 - The Changing Legal Emphasis Compliance and Impact on Canadian Workplaces > Flashcards

Flashcards in Chapter 2 - The Changing Legal Emphasis Compliance and Impact on Canadian Workplaces Deck (36)
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1
Q

Right to modify employee work terms for legitimate business needs

A

Employer

2
Q

Right to be protected from harmful business practices

A

Employee

3
Q

Balance needs of employer and employee

A

Government

4
Q

Federally regulated employers (federal civil service, Crown corporations and agencies, transportation, banking and communications)

A

Federal laws

5
Q

All other employers (90% of Canadian workers)

A

Provincial/territorial employment laws

6
Q

Basic rights for all Canadians

A

Canadian Charter of Rights and Freedoms

7
Q

Protection from discrimination

A

Human Rights Legislation

8
Q

Minimum terms and conditions of employment

A

Employment Standards Legislation

9
Q

Content or context specific

A

Ordinary Laws

10
Q

Primarily judge-based law;
Precedent and jurisprudences set by one judge through his or her assessment of a case;
Establishes how similar cases will be interpreted.

A

Tort Law

11
Q
Freedoms:
freedom of conscience and religion
freedom of thought, belief, expression and opinion
freedom of peaceful assembly
freedom of association
A

The Canadian Charter of Rights and Freedoms

12
Q

Section 15 - right of equal protection and benefit of the law without discrimination

A

Equality Rights

13
Q

Jurisdictions specific legislation;
Prohibits intentional and unintentional discrimination in employment situations;
Also in the delivery of goods and services.

A

Human Rights Legislation

14
Q

“… a distinction, exclusion or preference based on one 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 his or her human rights and freedoms.”

A

Discrimination

15
Q

Direct
Differential or unequal treatment
Indirect (3rd party)
By association

A

Intentional Discrimination

16
Q

Constructive or systemic discrimination;

Embedded in policies with adverse impact on specific groups

A

Unintentional Discrimination

17
Q

Justifiable reason for discrimination;
Based on business necessity (safe and efficient operations)
e.g. vision standards for bus driver

A

Bona Fide Occupational Requirement (BFOR)

18
Q

Adjustment of employment policies/practices so that no individual is denied benefits or is disadvantaged;
Based on prohibited grounds in human rights legislation
e.g. work station redesign for wheelchair

A

Reasonable Accommodation

19
Q

Financial costs make accommodation impossible

A

Undue Hardship

20
Q

Basis determined by courts

  • differential treatment
  • enumerated ground (protected by legislation)
  • substantive sense (is burden imposed or benefit withheld?)

Accommodation

  • respect dignity
  • discrimination must be legally defensible
  • most appropriate accommodation should be undertaken
A

Disability

21
Q

“Unwelcome behaviour that demeans, humiliates or embarrasses a person and that a reasonable person should have known would be unwelcome.”

A

Harassment

22
Q

Protect employees from harassment;

Includes harassment by clients or customers

A

Employer Responsibility

23
Q

“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.”

A

Sexual Harassment

24
Q

“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.”

A

Sexual Coercion

25
Q

“Sexually related conduct that is hostile, intimidating, or offensive to the employee but has no direct link to tangible job benefits or loss thereof.”

A

Sexual Annoyance

26
Q

To reduce liability, employers should:

  1. Establish sound harassment policies
  2. Communicate policies to all employees
  3. Enforce policies in a fair and consistent manner
  4. Take an active role in maintaining a working environment that is free of harassment
A

Harassment Policies

27
Q

Responsibility lies with human rights commission in each jurisdiction;
Costs are borne by the commission;
Human rights tribunal resolves conflict through mediation

Remedies:

  1. systemic
  2. restitutional
A

Enforcement of Harassment

28
Q

Based on Charter of Rights and Freedoms;
Applies to federally regulated employers only;
Promotes equality, removes employment barriers

A

Employment Equity Act

29
Q

Underrepresentation in certain fields;

glass ceiling

A

Women

30
Q

Concentration in low skill, low pay jobs

A

Aboriginals

31
Q

Underrepresentation in all areas; lower pay

A

People with Disabilities

32
Q

Underemployed

A

Visible Minorities

33
Q
Federal and provincial/territorial versions;
Establish minimum terms for:
1. wages, overtime pay
2. paid holidays and vacations
3. maternity/paternity leave
4. bereavement/compassionate care leave
5. termination notice

employment contracts may exceed minimums

principle of greater benefit applies

A

Employment Standards Act

34
Q

Complaints filed with ministry of labour or counterpart;
Filed complaint is settled through the ministry, not civil court;
Limitation periods for filing;
Maximum claim limit for unpaid wages

A

Enforcement of Employment Standards Act

35
Q

Electronic surveillance is permitted;
Employer should create written policy;
Policy should be updated regularly to stay current with technology

A

Internet and Email Usage Policy

36
Q

Used to prevent employee theft and vandalism;
Employees must be made aware;
Not advised if reasonable alternatives exist

A

Video Surveillance