Chapter 2 Flashcards
Tort Law
primarily judge-based law, whereby the precedent and jurisprudence set by one judge through his or her assessment of a case establishes how similar cases will be interpreted
intentional tort
assualt, battery, trespass, intentional affliction of mental distress
unintentional torts
negligence based on events in which harm is caused by carelessness
regulatons
legally binding rules estblished by special regulatory bodies created to enforce compliance with the law and aid in its interpretation
Charter of Rights and Freedoms
Federal law enacted in 1982 that guarantees fundamental freedoms to all Canadians
- freedom of conscience and religion
- freedom of though, belief, opinion, and expresiions, including freedom of the press and other communication media
- freedom of peaceful assembly
- freedom of association
equality rights
found in section 15 of the charter of rights and freedoms, which guarantees the right to equal protect and benefit of the law without discrimination
based upon- race, national or ethical origin, colour, religion, sex, age, or mental or physical disability.
human rights legislation
jurisdiction-specific legislation that prohibits intentional and unintentional discrimination in employment situations and in the delivery of goods and services.
discrimination
as used in the context of human rights in employment, a distinction, exlcusion or preference based on any of the prohibited grounds and has the effect of nullifying or impairing the right of a person to full and equal recognition and exercise of his or her human rights and freedoms
differential or unequal treatment
treating an individual differently in any aspect of terms and conditions of employment based on any of the prohibited grounds
discrimination because of association
denial of rights because of friendship or other relationship with a protected group member
unintentional/constructive/systemic discrimination
discrimination that is embedded in policies and practices that appear neutral on surface and are implemented impartially, by have an adverse impact on specific groups of people for reasons that are not job related or require for the safe and efficient operation of the business.
bona fide occupational requirement (BFOR)
a justifiable reason for discrimination based on business necessity (that is, required for the safe and efficient opertion of organization ) or a requirement that can be clearly defended as intrinsically required by the tasks an employee is expected to perform.
reasonable accommodation
the adjustment of employment policies and practice that an employer may be expected to make so that no individual is denied benefits, disadvantaged in employment, or prevented from carrying out the essential componenets of a job because for grounds prohibited in the human rights legislation.
undue hardship
the point to which employers are expected to accommodate employees under human rights legislative requirements.
types of disabilities
physical, mental and learning disabilities
epilepsy; drug and alcohol dependencies
environmental sensitivities
harassment
unwelcomed behavior that demeans, humiliates, or embarrasses a person and that a reasonable person should have known would be unwelcomed
sexual harassment
offensive or humiliating behaviors that is related to a persons sex, as well as behaviour of a sexual natural that creates an intimidating, unwelcomed, hostile, or offensive work environment or that could reasonably be thought put seucal conditions on a persons job or employment opportunities
Sexual coercion
harassment of sexual nature that results in some direct consequence to the work’s employment status or some gain in or loss of tangible job benefits.
Sexual annoyance-
sexually related conduct that is hostile, intimidating, or offensive to the employee but has no direct link to tangible job benefits or loss thereof.
Types of discrimination/harassment
race, color, sexual orientation, religion , age, aboriginals , people with disabilities , visible minorities
Occupational segregation
the existence of certain occupations that have traditionally been male dominated and others that have been female dominated
Glass ceiling
an invisible barrier, caused by attitudinal or organizational bias, that limits the advancement opportunities of qualified designated group members.
Employment equity legislation
intended to remove employment barriers and promote equity of the members of the four designated groups
Employment equity program
detailed plan designed to identify and correct existing discrimination, redress past discrimination, and achieve a balanced representation of designated group members in the organization .
Equal pay for equal work
specifies that an employer cannot pay male and female employees differently if they are performing the same or substantially similar work.
Underemployment-
being employed in a job that does not fully utilize one’s knowledge, skills, and abilities.
Employment (labor) standards legislation
laws present in every Canadian jurisdiction that establish minimum employee entitlements and set a limit on the maximum number of hours of work permitted per day or week.
Employment standards act(ESA
establish minimum terms and conditions for workplaces pertaining to such issues as wages paid holiday and vacations’ maternity, parental, or adoption leave, bereavement leave’ compassionate care leave, termination notice, and overtime pay.
Personal Information protection and electronic documents act (PIPEDA)
legislation that governs the collect, use , and disclosure of personal information across Canada, including employers’ collection and dissemination of personal information about employees.
