operating within a legal framework Flashcards Preview

Human Resources > operating within a legal framework > Flashcards

Flashcards in operating within a legal framework Deck (51)
Loading flashcards...
1

2 sets of legislation in canada:

federal
provincial/territorial

2

What powers are managed by federal jurisdiction?

matters of national interest:
- banks/money
- defense
- criminal law
- mail (postal service)
- transportation (ships, rail, air

3

What powers are managed by provincial jurisdiction?

matters of regional interest:
- health
- education
- municipal institutions
- civil law
- private or local matters

4

What powers are shared by provincial and federal legislation?

agriculture
immigration

5

What workers fall under federal employment legislation?

workers in:
- federal government
- federal organizations (banks, ships, transport...)

6

What workers fall under provincial legislation?

organizations under provincial jurisdiction

7

T/F: most employees fall under federal jurisdiction

False; only 10%

8

What are the key FEDERAL employment laws? (4)

1. canada labour code
2. canadian human rights act
3. personal info protection & electronics documents act (PIPEDA)
4. Employment equity act

9

What federal law is concerned with human rights and pay equity?

canadian human right act

10

What fed. law covers labour relations, health and safety, and employment standards?

canada labour code

11

What does PIPEDA cover?

handling of personal info

12

What does the employment equity act cover?

equal access to employment, justice for all

13

T/F: provincial legislation is very different from federal legislation

false, fairly similar

14

What are the main provincial (QC) employment laws? (7)

1. Quebec Charter of rights and freedoms
2. labour code
3. Act respecting labour standards
4. Act respecting Occupational H & S
5. Pay equity act
6. Act respecting equal access to employment in public bodies
7. act respecting protection of personal info

15

What QC provincial law concerns employment equity?

Act respecting equal access to employment in public bodies

16

What is the provincial equivalent of PIPEDA?

act respecting the protection of personal info

17

What is the provincial equivalent of the Canada labour code?

Labour code + act respecting labour standards + act respecting occ. H+S

18

___ ____ laws is paramount over other employment laws

Human rights

19

What federal and provincial laws relate to human rights? (3)

Canadian charter of rights and freedoms (F)
Canadian human rights act (F)
Quebec Charter of rights and freedoms

20

What is discrimination?

intentional or unintentional prejudiced treatment of people based on race, religion, gender, age, ethnicity, disability...

21

What is the exception when discrimination is allowed?

bona fide occupational qualification/requirement

22

What is BFOQ/BFOR?

justifiable discrimination: certain qualifications required to perform the job, must have (ex: taxi driver cannot be blind)

23

What is reasonable accomodation?

making adjustments to working conditions (hours, tools, methods) to prevent discrimination
employers must accomodate but within reason (without undue hardship)

24

T/F: undue hardship has different meanings depending on the organization

yes; they have different resources (large vs small business)

25

What is harassment? (definition)

improper conduct by individual that is directed at and KNOWINGLY offensive/harmful to other persons in workplace

26

What does harassment comprise of?

any act/comment/display that demeans, belittles, cause humiliation or embarassment

intimidation or threat

27

Describe the steps of enforcement of human rights legislation

1. compliant
2. early resolution/mediation
3. formal complaint
4. notification (contact employer)
5. determination of reasonable cause or not (validity)
6. investigation (gather reports, evidence, docs)
7. resolution/reconciliation
8. tribunal (final binding decision

28


what is the goal of employment standards?

specify the minimum obligations of employers towards employees (work hrs, min wage, overtime pay, vacation pay, holidays, end of employment)

29

T/F: the employment standards do not apply to ununionized employers

False; applies to ALL

30

the enforcement of most standards is driven by ____

complaints