Chapter 1 Flashcards
BC employment standard act (employment law statute)
minimum rights + standards for employees
BC Human Rights Code (employment law statute)
Promote equity, prevent/remedy unfair discrimination
BC Labor relations code (employment law statute)
Rights of non-federal unionized workers: collective bargain/union rights
BC occupational health & safety regulation (employment law statute)
responsibilities of employers to ensure a safe workplace + prevent workplace injuries
BC workers compensation act (employment law statute)
“No-fault insurance” compensate workers for work-related injuries
BC Personal Information Protection Act PIPA (employment law statute)
Rules for private sector employers about collection + use + disclosure of employees’ information
Canada Labor Code + Canada Human Rights Act apply to whom (federal statutes)
apply to federal industry workers
Canada Pension Plan + Employment Insurance act apply to whom
provincial industries
&
Federal industries
What is the supreme law of Canada?
Constitution with its charter
Objective of the Charter in employment context & example
provides protection from improper/ oppressive conduct by federal govt. (public authorities)
COVID vaccination required for federal employees
equality rights guarantee “equal treatment” & no unfair discrimination
Who is does the Charter apply to?
Gvt = gvt insistutions (schools, hospitals, uni, police, military, private inst. acting as arms of gvt. by assisting gvt w/powers
Not private sector ERs- use Provincial HR code : BC human rights code - must not be in conflict with charter - if so, void and replaced
Is the application of the Charter “CHT” absolute?
- operates only regarding gvt. action
(protects only against gvt. conduct, may use provisions of BC HR Code regarding claims of alleged unfair discrimination by bc gvt/private ERs) - limited if reasonable & justified (in free & democratic society): interest of public. EX: law limiting mobility rights of Canadians when prohibit Calgarians from entering BC during COVID lockdown
- notwithstanding clause AKA override clause section 33 - contradict/violate/restrict some cht fundamental rights/freedoms EX: Quebec’s bill 21: bans religious symbols in public employment -> sunset clause, must be reviewed every 5 years
which prevails: common law or provision of statute / charter?
Why have common- law?
statutory provision prevails
to fill in the gaps where statutes fail to address an issue
What is the hierarchy of courts?
Supreme court of Canada (SCC)
Provincial courts of appeal
Provincial supreme court*
Provincial / Territorial Court
Civil resolution tribunal CRT (online, claims less 5K)
*provinces not compelled to follow decision of other province higher court - just considered
Stare Decisis
Let decision stand
follow previous judgement if facts of cases are similar
must distinguish the facts
if essential differences in cases, precedent will not be applied b/c not similar
Pros & Cons of stare decisis
pros: consistency/predictability- looks at previous outcome of similar cases
con:
Inflexible- social attitudes always revolving
what are some implied terms of contracts?
Contracts foundation except if trade union in workplace (collective agreement applies)
“assumed” terms: duty to be loyal
employer must provide safe workplace
act in good faith
EE not compete w/ER
What is the legal action you can take when ER/EE breach of contract?
-claim for damages
35K + BC Supreme court
5K - 35K: BC small claim court
less than 5K online via CRT
Tort (2 kinds & examples)
Harm causing injury / damages by 1 person to another + law provides remedies
- Intentional Tort: willful act causing injury/harm
A) Tort of assault : kissing co-worker w/o consent,
B) tort of defamation: spreading false rumors - tort of negligence: acting in breach of standard care when standard care was required / reasonable person in similar sit. could foresee & prevented
A) EE negligent w/duties ER is liable for negligence
- compensation for proof of injury
- insurance can set off claims
Nature of claim to determine forum
- conditions of work
- discrimination claim
- breach of contract claim
- safety issue
- employment standards branch
- bc human rights tribunal
- CRT or court >5K
- worksafe BC
statutes / acts / legislation enacted by ___
constitutional law enacted by ____
common law (judge-made law) enacted by ____
enacted by gvt
Canadian charter of rights & freedoms or Provincial HR code
depends on legal issue
- wrongful termination: common law
- conditions of employment : Employment Standards Act statute (not applicable to all employees)
- discrimination: charter of rights & freedoms or bc human rights code
Why are statutes ever-evolving?
- to address & regulate
- based on society’s needs & to protect
demographic changes / shifts:
- COVID shit
- aging population (parental leave)
- parental / diverse workforces rights/needs (maternity leave/equal pay/no discrimination)
- new tech (privacy laws/monitoring emails/internet access etc.)
What do judges do? (2)
What do supreme court judges create? (1)
- interpret
- apply statutes
- create precedents
jurisdiction means
right to adjudicate the case
BC Human Rights Tribunal: regarding discrimination claims of EE in BC
Canada is a ___ state
3 levels of gvt.
federal state
- federal: legislation re national matters- pipeline/banking/railways/broadcasting/telecommunications
- > canada labor code: employment conditions of EE in fed industries - provincial: each province has own statutes - BC Employment std. act / BC Human Rights Code / BC OHS Act & Reg
- Municipal: bylaws impacting local workplaces - smoking bans/taxation/parking permits/animal regulations/business license / zoning
