Unit 3 - Lesson Objectives Flashcards
What is the difference between a statute and a regulation?
Statue: A law, or legislation, produced by government that includes rules that regulate the conduct of business and people
Regulation: Government-made details rules introduced as a supplement to, and pursuant to authority created in, a statue.
How has the passage of the Canadian Charter of Rights and Freedoms affected employment law?
The Charter protects Canadians’ political and civil rights. It enumerates a range of fundamental freedoms, including freedom of association, religion and the press. It also guarantees certain democratic rights, such as the right to vote, mobility rights, legal, equality and language rights.
It sets limits on government conduct and also regulates how government can treat their own employees. All statues and regulations must comply with the Charter
Why were minimum wage regulations implemented, and what are some of the critiques of their application?
Regulation was implemented in response to a failure of employers through the unregulated market to ensure a basic degree of fairness in the employment relationship. Governments had to force them to provide a minimum level of protection for workers.
When minimum wage was first though about business owners argued that it would cause layoffs, attract a foreign workers (increase unemployment), and encourage laziness.
What are the key provisions regulating working time?
- Hours of work and overtime pay
- Statutory Holidays and paid time off (vacation pay)
- Leaves of absence
How did the provisions regulating working time evolve?
- maximum hours of work laws are part of the government’s pursuit to make the lives of working people safer and healthier
- governments have used working time regulations and over time pay rules to to fight unemployment
- Working time regulation is a tool by which governments seek to balance competing social and economic values (i.e. work and family time)
How do statutory minimum notice requirements differ from reasonable notice under common law?
Reasonable notice is the amount of notice an employer must provide an employee based on the facts of each case. Unlike statutory minimum notice, determining the amount of reasonable notice an employee is entitled to is an art, not a science. There is no mathematical formula to calculate reasonable notice.
Statutory notice is the minimum amount of notice that an employer must provide an employee according to laws made by the government
What are the key principles that underlie the current occupational health and safety regulations in Canada?
- Workers’ Right to Participate in OHS activities
- Worker’s right to know about workplace hazards
- Worker’s right to refuse unsafe work
- OHS legislation Enforcement and remedies
What are the four common features that define the Canadian human rights model?
- Human Rights Commissions
- The process for filing, investigating, and lighting human rights complaints
- The remedial powers of Human rights Tribunals
- The limits on raising human rights complaints in multiple legal forums
What is indirect discrimination, and how is it treated by the law?
Indirect discrimination: A type of discrimination in which a rule, standard, or practise treats everyone the same on its face, yet has an adverse impact on some people because of a personal characteristic
When incomes to lawsuits involving an employee claiming indirect discrimination, the employer must prove that it is a reasonable bona fide work requirement and the employee cannot be accompanied without undue hardship.
What are the prohibited grounds of discrimination in Canadian jurisdictions?
Disability
Sex
Race, Colour, Ethnic Origin (or Place of Origin), Nationality, Ancestry
Age
Creed or Religion
Marital Status, Family Status (and Civil Status in Quebec)
Sexual Orientation, Gender Identity, and Gender Expression
Political Opinion or Belief
Language (Quebec)
Source of Income, Social Condition, or Receipt of Public Assistance
Record of Offence (not all jurisdictions)
What is a Bona Fide Occupational Requirement?
A defence to discrimination that an employer may use to prove that discriminator ruler practice was enacted for legitimate business reasons; it requires that the employer prove that it cannot accommodate the complainant’s needs with causing itself undue hardship
How is Bona Fide Occupational Requirement applied in human rights cases?
Usually employers rely on efficiency or safety concerns justify a discriminatory rule under the BFOR defence. To argue this defence, the defence must meet the requirements of the Meiron test
What is the duty to accommodate?
A legal requirement in human rights law to take steps to remove discriminatory barriers to employment, including altering schedules, rules, or work patterns, or changing the physical design of the workplace
What are the permanent and temporary immigration statuses?
Permanent resident: an immigration status under Canadian immigration law that grants a person of foreign origin many but not all rights available to Canadian citizens.
Temporary immigration status: a foreign national who is legally authorized to enter Canada for temporary purposes. i.e. Live-in caregivers and seasonal agricultural workers
How does the immigration status a workers’ rights at work?
Some jobs allow workers more rights then others. They are also at risk that they will be exploited or have unsafe working conditions. Also, immigration status may keep workers at unsafe jobs as they cannot leave without losing there status
