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Labor Law > Chapter 1 > Flashcards

Chapter 1 Flashcards

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1
Q

BC employment standard act (employment law statute)

A

minimum rights + standards for employees

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2
Q

BC Human Rights Code (employment law statute)

A

Promote equity, prevent/remedy unfair discrimination

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3
Q

BC Labor relations code (employment law statute)

A

Rights of non-federal unionized workers: collective bargain/union rights

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4
Q

BC occupational health & safety regulation (employment law statute)

A

responsibilities of employers to ensure a safe workplace + prevent workplace injuries

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5
Q

BC workers compensation act (employment law statute)

A

“No-fault insurance” compensate workers for work-related injuries

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6
Q

BC Personal Information Protection Act PIPA (employment law statute)

A

Rules for private sector employers about collection + use + disclosure of employees’ information

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7
Q

Canada Labor Code + Canada Human Rights Act apply to whom (federal statutes)

A

apply to federal industry workers

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8
Q

Canada Pension Plan + Employment Insurance act apply to whom

A

provincial industries
&
Federal industries

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9
Q

What is the supreme law of Canada?

A

Constitution with its charter

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10
Q

Objective of the Charter in employment context & example

A

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

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11
Q

Who is does the Charter apply to?

A

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

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12
Q

Is the application of the Charter “CHT” absolute?

A
  1. 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)
  2. 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
  3. 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
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13
Q

which prevails: common law or provision of statute / charter?

Why have common- law?

A

statutory provision prevails

to fill in the gaps where statutes fail to address an issue

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14
Q

What is the hierarchy of courts?

A

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

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15
Q

Stare Decisis

A

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

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16
Q

Pros & Cons of stare decisis

A

pros: consistency/predictability- looks at previous outcome of similar cases

con:
Inflexible- social attitudes always revolving

17
Q

what are some implied terms of contracts?

A

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

18
Q

What is the legal action you can take when ER/EE breach of contract?

A

-claim for damages

35K + BC Supreme court

5K - 35K: BC small claim court

less than 5K online via CRT

19
Q

Tort (2 kinds & examples)

A

Harm causing injury / damages by 1 person to another + law provides remedies

  1. Intentional Tort: willful act causing injury/harm
    A) Tort of assault : kissing co-worker w/o consent,
    B) tort of defamation: spreading false rumors
  2. 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
20
Q

Nature of claim to determine forum

  1. conditions of work
  2. discrimination claim
  3. breach of contract claim
  4. safety issue
A
  1. employment standards branch
  2. bc human rights tribunal
  3. CRT or court >5K
  4. worksafe BC
21
Q

statutes / acts / legislation enacted by ___

constitutional law enacted by ____

common law (judge-made law) enacted by ____

A

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
22
Q

Why are statutes ever-evolving?

A
  • 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.)
23
Q

What do judges do? (2)

What do supreme court judges create? (1)

A
  • interpret
  • apply statutes
  • create precedents
24
Q

jurisdiction means

A

right to adjudicate the case

BC Human Rights Tribunal: regarding discrimination claims of EE in BC

25
Q

Canada is a ___ state

3 levels of gvt.

A

federal state

  1. federal: legislation re national matters- pipeline/banking/railways/broadcasting/telecommunications
    - > canada labor code: employment conditions of EE in fed industries
  2. provincial: each province has own statutes - BC Employment std. act / BC Human Rights Code / BC OHS Act & Reg
  3. Municipal: bylaws impacting local workplaces - smoking bans/taxation/parking permits/animal regulations/business license / zoning

Labor Law (9 decks)

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