Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

HRM 2440 > Week 3 > Flashcards

Week 3 Flashcards

(49 cards)

Start Studying
1
Q

Ethics and Legal (Diagram)

A

Individual Circles with some overlap

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Legal but Unethical examples (2-3)

A

Death penalty, embezzlement, sweatshop

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Ethical but illegal examples (2)

A

poor/homeless child stealing bread, warning friend who is about to get fired

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Legal Framework for Employment Law in Canada
Employees have right to modify…..
government role is to….
Employees have right to be protected…..

A
  • Employers have right to modify work terms
  • government role is to balance employee and employer needs through legislation
  • Employees have right to be protected from harmful business practices
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Hierarchy of Employment Legislation in Canada -
Government role and jurisdiction conflict influence

A

Government sets legislation and rules
interpretation by jurisdiction can influence workers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Do previous interpretations of law impact future law interpretations

A

yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Precedent

A

decision/interpretation of a court of another jurisdiction acts as an authority regarding how legislation is to be interpreted and applied

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Stare Decisis

A

To stand by things desired

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Stare Decisis
- relation to precedent
- principle of law deduced from judicial decision will be..
- courts lower in applicable hierarchy
- what is not binding or bound

A
  • doctrine
  • considers in determination of future similar law
  • bound to follow decision of higher courts
  • precedents of court at same level or by court itself
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Tort Laws and what is victim provided

A
  • Determine who is at fault of crime or incident by taking individuals and case to court
  • In civil case, victim is provided compensation for losses or damages
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Intentional Torts

A

intentional harm caused by for example assault, murder, trespass

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

unintentional torts

A

negligence and carelessness events/actions that cause harm etc speeding or distracted driving

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Employee in canada and status determined by

A

non standard or contingent worker, status determined by nature of working relationship

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

The Canadian Charter of Rights and Freedoms 4 components

A

Exceptions, Fundamental Rights and freedoms, equality rights, additional provisions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Exceptions:
Demonstrable:
“Notwithstanding” Provision:

A
  • justification as reasonable limits in a free democratic society
  • allows legislation to be exempted from challenging under charter
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Fundamental rights and freedoms (3)

A
  • conscious/conscience and religion
  • thought, belief, expression and opinion
  • peaceful assembly and association
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Equality Rights (2)

A
  • human rights legislation
  • equal protection and benefit of law without discrimination
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Additional Provisions (4)

A
  • heritage, minority, living, and criminal rights
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Human Rights Legislation

A

prohibits intentional and unintentional discrimination in employment situations, delivery of g/s

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Superseeds

Study These Flashcards
A

terms of any employment contract or collective agreement

21
Q

Jurisdiction specific

Study These Flashcards
A

legislation rules and interpretation

22
Q

Discrimination

Study These Flashcards
A

distinction, exclusion or preference based on prohibited grounds towards person and not following human rights and freedoms

23
Q

Intentional Discrimination

Study These Flashcards
A

direct or indirect
differential or unequal in terms of employee based on any of the prohibited grounds
denial of rights due to association with protected group member

24
Q

unintentional discrimination

Study These Flashcards
A
  • difficult to detect
  • embedded in policies and practices that appear natural
25
EDI
Equity, Diversity and Inclusion
26
Equity
guarantee of fair treatment and advancement for all people, while striving to identify and eliminate barriers that prevent full participation of marginalized groups
27
Diversity - most important
all the way people differ, characteristics, values, views, experiences, culture and identity
28
Inclusion
any individual or group can feel welcomed, respected, supported and valued to participate in all opportunities offered by society
29
why care about diversity (3)
organizational effectiveness globalization positive relationship between functional diversity and team performance
30
Workplace Diversity
variation in race, gender, ethnicity, origin and religion
31
BFOR
Bona Fide Occupational Requirement
32
Bona Fide Occupational Requirement and example
Justifiable reason for discrimination as there are requirement specifications that are defended etc religious priests, guards, pastors etc
33
Criteria for assessing BFOR (3)
Legitimate work-related purpose requirement is necessary for the role causing undue hardship on employer
34
Duty to accommodate (2)
- provide equal access to employment by removal of physical, attitudinal and systemic barriers - accommodate point of undue hardship
35
undue hardship
action requiring significant difficulty or expense
36
BFOR Question of Rationale
did employer adopt standard for a purpose that was rationally connected to job performance
37
BFOR Question of good faith
did decision maker of organization honestly believe requirement was necessary to fulfill requirement of role
38
BFOR Question of reasonable necessity.. and impossibility was it.. (2)
necessary to accomplishment of work-related purpose impossible to accommodate those who have been discriminated against without imposing undue hardship on employee
39
Harassment
behaviour that demeans, humiliates or embarrasses a person that a reasonable person should have known would be unwelcome
40
Employer responsibility in workplace with harassment (3)
- provide safe and healthy work environment, including protection - aware of conflict, harassment as could be charged with alleged harasser - establish, communicate and enforce policies
41
Sexual Harassment
offensive or humiliating behaviour that is related to person's sex as well as as behaviour of sexual nature that creates offensive and hostile work environment
42
Sexual Coercion
results in some direct consequence to workers employment status or some gain in or loss of tangible benefits
43
Sexual Annoyance
conduct that is hostile, intimidating, or offensive to employee but as no direct link to tangible job benefit or loss
44
Human Rights Enforcement Team (3)
- provide speedy and accessible process to help parties - employer has duty to investigate claims of discrimination - systemic or restitution remedy/treatment
45
Employment Equity Program
identify and correct existing discrimination, redress past discrimination, and achieve balance representation of members of the four designate groups
46
Four designated groups and trends
Women: underrepresentation in fields, pay, benefits Disabilities: underrepresentation in all areas, lower pay, Indigenous: underrepresentation in high skill or pay jobs Visible Minorities: underemployed
47
Employment Labour Standards Legislation (2)
- present in every jurisdiction - establish minimum rules for pay, vacation, leave, compensation and termination notice
48
Challenges with Employment Labour Standards Legislation (2) Liability and informtion
- Employer has right to prevent liability to company etc resources and personal time - Employers have right to control information they share and separate personal life
49
Respecting Employee Privacy (3)
Employee Awareness clear written policies alternative methods

HRM 2440 (9 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions