Chapter 1

Question 1

What is a statute law?

Answer 1

legislation passed by government

Question 2

What is a common law?

Answer 2

judge-made law

Question 3

Why are statutes passed?

Answer 3

They are passed because the government decides that employees require protection or rights beyond those that currently exist

Question 4

How are statutes passed?

Answer 4

Provincial statute are passed by 3 readings in the legislature. (1st intro, 2nd MPP’s debate and vote, 3rd vote^

Question 5

Name the 3 types of bills and explain them briefly

Answer 5

public bills (majority), private bills (non-public matter; and private-member bills (public but put forward by member of legislature not Cabinet minister)

Question 6

Name the Key Ontario Employment statutes and explain them briefly.

Answer 6

Employment standards act: min. standards and rights
Human RIghts Code: prevent and remedy discrimination based on prohibited grounds
Occupational Health and Safety: responsibilities of parties in creating safe workplace
Workplace Safety and Insurance Act: no-fault insurance plan to compensate for work-related injuries
Pay Equity Act: require equal pay for work-related injuries

Question 7

Explain the Canada Labour Code.

Answer 7

covers employment standard, collective bargaining and health and safety

Question 8

Explain the Canadian Human rights act.

Answer 8

covers human rights and pay equity

Question 9

Name the 2 Federal provincial statutes and explain them

Answer 9

1. Canada pension plan: provide pension benefits on retirement and permanent disability
2. Employment Insurance act: provides income replacement during temporary unemployment

Question 10

What is the purpose of the Canadian charter of rights and freedoms

Answer 10

It sets out rights and freedoms that affect the workplace whenever government action is involved

Question 11

What is the purpose of the common law

Answer 11

developed through court decision, applied where there is no statute covering

Question 12

Name and explain the two types of common law

Answer 12

1. contract law: whether and ER-EE relationship exists and what remedies apply to a breach of employment agreement
2. Tort law: a wrong for which there is a legal remedy, covers wrongs and damages that one person/company causes to another

Question 13

Talk about the juridical framework

Answer 13

court system is hierarchical; lower courts (provincial courts can be appealed to the higher courts), higher courts and supreme courts (the highest, decisions are binding)