11 - Employment Standards

Question 1

What does the Canadian Human Rights Act (1977) protect against?

Answer 1

• Protects people from discrimination
• 11 grounds of discrimination –> race, age, sexual orientation, ethnic origin, colour, religion, sex, marital status, family status, disability, or a conviction for which a pardon has been granted

Question 2

Importance of Employment Equity Act (1995)

Answer 2

Ensures all Canadians have the same access to jobs

Question 3

Importance of Labor Relations Act (2003)

Answer 3

• Primarily used in unionized environments

- Designed to help to resolve labour matters fairly and reasonably

Question 4

Importance of Human Rights Code?

Answer 4

Protects against discrimination (ancestry, age, or disability)

Question 5

Importance of Workplace Safety and Health Act (2016)?

Answer 5

Prevention of accidents and unsafe working environments through education, training, inspections, and investigations

Question 6

What are some standards laid out in the Employment Standards Code (2018)?

Answer 6

• Minimum wage
• Overtime
• General holidays
• Vacation
• Termination of employment

Question 7

Describe the Remembrance Day Act

Answer 7

• No retail business between 9 am and 1 pm

- Employees can refuse to work or if work then they are paid as if it was a holiday

Question 8

Describe payment for general holidays

Answer 8

• 40 hrs/week = regular wages for 8 hours as holiday pay
• Part time = 5% of earning in 28 days prior to holiday
• Worked day of holiday = general holiday pay + 1.5x regular wages for hours worker

Question 9

Describe general vacation time rules

Answer 9

• After 1 year -> 2 weeks’ vacation at 4% gross wages (excluding overtime)
• After 5 years -> 3 weeks’ vacation at 6% gross wages (excluding overtime)

Question 10

Methods of termination of employees

Answer 10

• Reasonable notice -> required notice given when terminating an employee
• Just cause -> immediate termination b/c of conduct or behaviour that breaches employment contracts or codes/laws
• Lay-off -> temporary break in employment; no notice if lay off is < 8 weeks

Question 11

What must be done for just cause employment termination? What are some examples?

Answer 11

• Must pay amount owing to employee but no notice required
• Ex: theft/ dishonesty, violence, chronic absenteeism/ lateness (must consider context), conflict of interest, sexual harassment, serious incompetence, intoxication at work

Question 12

Describe termination procedures

Answer 12

• Employee must be aware of the expectations
• Employee must be given reasonable time and resources to change behaviour or achieve the expectations
• Employee must be provided w/ consequences if no changes made